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JANUARY 13, 2014

RULES COMMITTEE PRINT 113-32 HOUSE AMENDMENT AMENDMENT

TO THE

TO THE

TEXT

OF

SENATE H.R. 3547

[Showing the text of the Consolidated Appropriations Act, 2014]

1

SECTION 1. SHORT TITLE.

2

This Act may be cited as the ‘‘Consolidated Appro-

3 priations Act, 2014’’. 4

SEC. 2. TABLE OF CONTENTS.

5

The table of contents of this Act is as follows: Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1. 2. 3. 4. 5. 6. 7. 8.

Short Title. Table of Contents. References. Explanatory Statement. Statement of Appropriations. Availability of Funds. Technical Allowance for Estimating Differences. Launch Liability Extension.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title Title Title Title

I—Agricultural Programs II—Conservation Programs III—Rural Development Programs IV—Domestic Food Programs V—Foreign Assistance and Related Programs VI—Related Agencies and Food and Drug Administration VII—General Provisions

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title Title

I—Department of Commerce II—Department of Justice III—Science IV—Related Agencies V—General Provisions

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2 DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014 Title Title Title Title Title Title Title Title Title Title

I—Military Personnel II—Operation and Maintenance III—Procurement IV—Research, Development, Test and Evaluation V—Revolving and Management Funds VI—Other Department of Defense Programs VII—Related Agencies VIII—General Provisions IX—Overseas Contingency Operations X—Military Disability Retirement and Survivor Benefit Annuity Restoration

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title Title

I—Corps of Engineers—Civil II—Department of the Interior III—Department of Energy IV—Independent Agencies V—General Provisions

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2014 Title I—Department of the Treasury Title II—Executive Office of the President and Funds Appropriated to the President Title III—The Judiciary Title IV—District of Columbia Title V—Independent Agencies Title VI—General Provisions—This Act Title VII—General Provisions—Government-wide Title VIII—General Provisions—District of Columbia DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014 Title Title Title Title Title

I—Departmental Management and Operations II—Security, Enforcement, and Investigations III—Protection, Preparedness, Response, and Recovery IV—Research, Development, Training, and Services V—General Provisions

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title I—Department of the Interior Title II—Environmental Protection Agency Title III—Related Agencies

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3 Title IV—General Provisions DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title Title

I—Department of Labor II—Department of Health and Human Services III—Department of Education IV—Related Agencies V—General Provisions

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2014 Title I—Legislative Branch Title II—General Provisions DIVISION J—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title

I—Department of Defense II—Department of Veterans Affairs III—Related Agencies IV—General Provisions

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2014 Title Title Title Title Title Title Title Title

I—Department of State and Related Agency II—United States Agency for International Development III—Bilateral Economic Assistance IV—International Security assistance V—Multilateral Assistance VI—Export and Investment Assistance VII—General Provisions VIII—Overseas Contingency Operations

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2014 Title Title Title Title

1

I—Department of Transportation II—Department of Housing and Urban Development III—Related Agencies IV—General Provisions—This Act

SEC. 3. REFERENCES.

2

Except as expressly provided otherwise, any reference

3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion.

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4 1

SEC. 4. EXPLANATORY STATEMENT.

2

The explanatory statement regarding this Act, print-

3 ed in the House of Representatives section of the Congres4 sional Record on or about January 15, 2014 by the Chair5 man of the Committee on Appropriations of the House, 6 shall have the same effect with respect to the allocation 7 of funds and implementation of divisions A through L of 8 this Act as if it were a joint explanatory statement of a 9 committee of conference. 10

SEC. 5. STATEMENT OF APPROPRIATIONS.

11

The following sums in this Act are appropriated, out

12 of any money in the Treasury not otherwise appropriated, 13 for the fiscal year ending September 30, 2014. 14

SEC. 6. AVAILABILITY OF FUNDS.

15

Each amount designated in this Act by the Congress

16 for Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A) of the Balanced 18 Budget and Emergency Deficit Control Act of 1985 shall 19 be available (or rescinded, if applicable) only if the Presi20 dent subsequently so designates all such amounts and 21 transmits such designations to the Congress. 22

SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIF-

23

FERENCES.

24

If, for fiscal year 2014, new budget authority pro-

25 vided in appropriation Acts exceeds the discretionary 26 spending limit for any category set forth in section 251(c) L:\vr\011414\R011414.001.xml January 14, 2014 (9:04 a.m.) VerDate Nov 24 2008

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5 1 of the Balanced Budget and Emergency Deficit Control 2 Act of 1985 due to estimating differences with the Con3 gressional Budget Office, an adjustment to the discre4 tionary spending limit in such category for fiscal year 5 2014 shall be made by the Director of the Office of Man6 agement and Budget in the amount of the excess but not 7 to exceed 0.2 percent of the sum of the adjusted discre8 tionary spending limits for all categories for that fiscal 9 year. 10

SEC. 8. LAUNCH LIABILITY EXTENSION.

11

Section 50915(f) of title 51, United States Code, is

12 amended by striking ‘‘December 31, 2013’’ and inserting 13 ‘‘December 31, 2016’’.

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6 1 DIVISION A—AGRICULTURE, RURAL DE2

VELOPMENT, FOOD AND DRUG ADMIN-

3

ISTRATION, AND RELATED AGENCIES

4

APPROPRIATIONS ACT, 2014

5

TITLE I

6

AGRICULTURAL PROGRAMS

7

PRODUCTION, PROCESSING

8

OFFICE

9

(INCLUDING

10

OF THE

AND

MARKETING

SECRETARY

TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary,

11 $43,778,000, of which not to exceed $5,051,000 shall be 12 available for the immediate Office of the Secretary; not 13 to exceed $498,000 shall be available for the Office of 14 Tribal Relations; not to exceed $1,496,000 shall be avail15 able for the Office of Homeland Security and Emergency 16 Coordination; not to exceed $1,209,000 shall be available 17 for the Office of Advocacy and Outreach; not to exceed 18 $23,590,000 shall be available for the Office of the Assist19 ant Secretary for Administration, of which $22,786,000 20 shall be available for Departmental Administration to pro21 vide for necessary expenses for management support serv22 ices to offices of the Department and for general adminis23 tration, security, repairs and alterations, and other mis24 cellaneous supplies and expenses not otherwise provided 25 for and necessary for the practical and efficient work of

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7 1 the Department; not to exceed $3,869,000 shall be avail2 able for the Office of Assistant Secretary for Congres3 sional Relations to carry out the programs funded by this 4 Act, including programs involving intergovernmental af5 fairs and liaison within the executive branch; and not to 6 exceed $8,065,000 shall be available for the Office of Com7 munications: Provided, That the Secretary of Agriculture 8 is authorized to transfer funds appropriated for any office 9 of the Office of the Secretary to any other office of the 10 Office of the Secretary: Provided further, That no appro11 priation for any office shall be increased or decreased by 12 more than 5 percent: Provided further, That not to exceed 13 $11,000 of the amount made available under this para14 graph for the immediate Office of the Secretary shall be 15 available for official reception and representation ex16 penses, not otherwise provided for, as determined by the 17 Secretary: Provided further, That the amount made avail18 able under this heading for Departmental Administration 19 shall be reimbursed from applicable appropriations in this 20 Act for travel expenses incident to the holding of hearings 21 as required by 5 U.S.C. 551–558: Provided further, That 22 funds made available under this heading for the Office of 23 Assistant Secretary for Congressional Relations may be 24 transferred to agencies of the Department of Agriculture 25 funded by this Act to maintain personnel at the agency

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8 1 level: Provided further, That no funds made available 2 under this heading for the Office of Assistant Secretary 3 for Congressional Relations may be obligated after 30 4 days from the date of enactment of this Act, unless the 5 Secretary has notified the Committees on Appropriations 6 of both Houses of Congress on the allocation of these 7 funds by USDA agency. 8

EXECUTIVE OPERATIONS

9

OFFICE OF THE CHIEF ECONOMIST

10

For necessary expenses of the Office of the Chief

11 Economist, $16,777,000, of which $4,000,000 shall be for 12 grants or cooperative agreements for policy research under 13 7 U.S.C. 3155 and shall be obligated within 90 days of 14 the enactment of this Act. 15

NATIONAL APPEALS DIVISION

16

For necessary expenses of the National Appeals Divi-

17 sion, $12,841,000. 18

OFFICE OF BUDGET AND PROGRAM ANALYSIS

19

For necessary expenses of the Office of Budget and

20 Program Analysis, $9,064,000. 21

OFFICE

22

For necessary expenses of the Office of the Chief In-

OF THE

CHIEF INFORMATION OFFICER

23 formation Officer, $44,031,000, of which not less than 24 $27,000,000 is for cybersecurity requirements of the De25 partment.

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9 1

OFFICE

2

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Fi-

3 nancial Officer, $6,213,000: Provided, That no funds 4 made available by this appropriation may be obligated for 5 FAIR Act or Circular A–76 activities until the Secretary 6 has submitted to the Committees on Appropriations of 7 both Houses of Congress and the Committee on Oversight 8 and Government Reform of the House of Representatives 9 a report on the Department’s contracting out policies, in10 cluding agency budgets for contracting out. 11

OFFICE

OF THE

ASSISTANT SECRETARY

12

FOR

CIVIL

RIGHTS

13

For necessary expenses of the Office of the Assistant

14 Secretary for Civil Rights, $893,000. 15

OFFICE

16

OF

CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights,

17 $21,400,000. 18 AGRICULTURE BUILDINGS

AND

FACILITIES

AND

19

PAYMENTS

20

(INCLUDING TRANSFERS OF FUNDS)

21

RENTAL

For payment of space rental and related costs pursu-

22 ant to Public Law 92–313, including authorities pursuant 23 to the 1984 delegation of authority from the Adminis24 trator of General Services to the Department of Agri25 culture under 40 U.S.C. 486, for programs and activities

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10 1 of the Department which are included in this Act, and for 2 alterations and other actions needed for the Department 3 and its agencies to consolidate unneeded space into con4 figurations suitable for release to the Administrator of 5 General Services, and for the operation, maintenance, im6 provement, and repair of Agriculture buildings and facili7 ties, and for related costs, $233,000,000, to remain avail8 able until expended, of which $164,470,000 shall be avail9 able for payments to the General Services Administration 10 for rent; of which $13,800,000 is for payments to the De11 partment of Homeland Security for building security ac12 tivities; and of which $54,730,000 is for buildings oper13 ations and maintenance expenses: Provided, That the Sec14 retary may use unobligated prior year balances of an agen15 cy or office that are no longer available for new obligation 16 to cover shortfalls incurred in prior year rental payments 17 for such agency or office: Provided further, That the Sec18 retary is authorized to transfer funds from a Depart19 mental agency to this account to recover the full cost of 20 the space and security expenses of that agency that are 21 funded by this account when the actual costs exceed the 22 agency estimate which will be available for the activities 23 and payments described herein.

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11 1

HAZARDOUS MATERIALS MANAGEMENT

2

(INCLUDING TRANSFERS OF FUNDS)

3

For necessary expenses of the Department of Agri-

4 culture, to comply with the Comprehensive Environmental 5 Response, Compensation, and Liability Act (42 U.S.C. 6 9601 et seq.) and the Resource Conservation and Recovery 7 Act (42 U.S.C. 6901 et seq.), $3,592,000, to remain avail8 able until expended: Provided, That appropriations and 9 funds available herein to the Department for Hazardous 10 Materials Management may be transferred to any agency 11 of the Department for its use in meeting all requirements 12 pursuant to the above Acts on Federal and non-Federal 13 lands. 14

OFFICE

15

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector

16 General, including employment pursuant to the Inspector 17 General Act of 1978, $89,902,000, including such sums 18 as may be necessary for contracting and other arrange19 ments with public agencies and private persons pursuant 20 to section 6(a)(9) of the Inspector General Act of 1978, 21 and including not to exceed $125,000 for certain confiden22 tial operational expenses, including the payment of inform23 ants, to be expended under the direction of the Inspector 24 General pursuant to Public Law 95–452 and section 1337 25 of Public Law 97–98.

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12 1

OFFICE

2

OF THE

GENERAL COUNSEL

For necessary expenses of the Office of the General

3 Counsel, $41,202,000. 4

OFFICE

5

OF

ETHICS

For necessary expenses of the Office of Ethics,

6 $3,440,000. 7

OFFICE

OF THE

8

UNDER SECRETARY

EDUCATION,

9

AND

FOR

RESEARCH,

ECONOMICS

For necessary expenses of the Office of the Under

10 Secretary for Research, Education, and Economics, 11 $893,000. 12

ECONOMIC RESEARCH SERVICE

13

For necessary expenses of the Economic Research

14 Service, $78,058,000. 15

NATIONAL AGRICULTURAL STATISTICS SERVICE

16

For necessary expenses of the National Agricultural

17 Statistics

Service,

$161,206,000,

of

which

up

to

18 $44,545,000 shall be available until expended for the Cen19 sus of Agriculture: Provided, That amounts made available 20 for the Census of Agriculture may be used to conduct Cur21 rent Industrial Report surveys subject to 7 U.S.C. 22 2204g(d) and (f).

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13 1

AGRICULTURAL RESEARCH SERVICE

2

SALARIES AND EXPENSES

3

For necessary expenses of the Agricultural Research

4 Service and for acquisition of lands by donation, exchange, 5 or purchase at a nominal cost not to exceed $100, and 6 for land exchanges where the lands exchanged shall be of 7 equal value or shall be equalized by a payment of money 8 to the grantor which shall not exceed 25 percent of the 9 total value of the land or interests transferred out of Fed10 eral ownership, $1,122,482,000: Provided, That appro11 priations hereunder shall be available for the operation 12 and maintenance of aircraft and the purchase of not to 13 exceed one for replacement only: Provided further, That 14 appropriations hereunder shall be available pursuant to 7 15 U.S.C. 2250 for the construction, alteration, and repair 16 of buildings and improvements, but unless otherwise pro17 vided, the cost of constructing any one building shall not 18 exceed $375,000, except for headhouses or greenhouses 19 which shall each be limited to $1,200,000, and except for 20 10 buildings to be constructed or improved at a cost not 21 to exceed $750,000 each, and the cost of altering any one 22 building during the fiscal year shall not exceed 10 percent 23 of the current replacement value of the building or 24 $375,000, whichever is greater: Provided further, That the 25 limitations on alterations contained in this Act shall not

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14 1 apply to modernization or replacement of existing facilities 2 at Beltsville, Maryland: Provided further, That appropria3 tions hereunder shall be available for granting easements 4 at the Beltsville Agricultural Research Center: Provided 5 further, That the foregoing limitations shall not apply to 6 replacement of buildings needed to carry out the Act of 7 April 24, 1948 (21 U.S.C. 113a): Provided further, That 8 appropriations hereunder shall be available for granting 9 easements at any Agricultural Research Service location 10 for the construction of a research facility by a non-Federal 11 entity for use by, and acceptable to, the Agricultural Re12 search Service and a condition of the easements shall be 13 that upon completion the facility shall be accepted by the 14 Secretary, subject to the availability of funds herein, if the 15 Secretary finds that acceptance of the facility is in the 16 interest of the United States: Provided further, That sec17 tion 732(b) of division A of Public Law 112–55 (125 Stat. 18 587) is amended by adding at the end the following new 19 sentence: ‘‘The conveyance authority provided by this sub20 section expires September 30, 2015, and all conveyances 21 under this subsection must be completed by that date.’’: 22 Provided further, That funds may be received from any 23 State, other political subdivision, organization, or indi24 vidual for the purpose of establishing or operating any re-

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15 1 search facility or research project of the Agricultural Re2 search Service, as authorized by law. 3

NATIONAL INSTITUTE

4

OF

FOOD

AND

AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

5

For payments to agricultural experiment stations, for

6 cooperative forestry and other research, for facilities, and 7 for other expenses, $772,559,000, which shall be for the 8 purposes, and in the amounts, specified in the table titled 9 ‘‘National Institute of Food and Agriculture, Research 10 and Education Activities’’ in the explanatory statement 11 described in section 4 (in the matter preceding division 12 A of this consolidated Act): Provided, That funds for re13 search grants for 1994 institutions, education grants for 14 1890 institutions, capacity building for non-land-grant 15 colleges of agriculture, the agriculture and food research 16 initiative, Critical Agricultural Materials Act, veterinary 17 medicine loan repayment, multicultural scholars, graduate 18 fellowship and institution challenge grants, and grants 19 management systems shall remain available until ex20 pended: Provided further, That each institution eligible to 21 receive funds under the Evans-Allen program receives no 22 less than $1,000,000: Provided further, That funds for 23 education grants for Alaska Native and Native Hawaiian24 serving institutions be made available to individual eligible 25 institutions or consortia of eligible institutions with funds

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16 1 awarded equally to each of the States of Alaska and Ha2 waii: Provided further, That funds for education grants for 3 1890 institutions shall be made available to institutions 4 eligible to receive funds under 7 U.S.C. 3221 and 3222. 5

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

6

For the Native American Institutions Endowment

7 Fund authorized by Public Law 103–382 (7 U.S.C. 301 8 note), $11,880,000, to remain available until expended. 9

EXTENSION ACTIVITIES

10

For payments to States, the District of Columbia,

11 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 12 Northern Marianas, and American Samoa, $469,191,000, 13 which shall be for the purposes, and in the amounts, speci14 fied in the table titled ‘‘National Institute of Food and 15 Agriculture, Extension Activities’’ in the explanatory 16 statement described in section 4 (in the matter preceding 17 division A of this consolidated Act): Provided, That funds 18 for facility improvements at 1890 institutions shall remain 19 available until expended: Provided further, That institu20 tions eligible to receive funds under 7 U.S.C. 3221 for co21 operative extension receive no less than $1,000,000: Pro22 vided further, That funds for cooperative extension under 23 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 24 343(b) and (c)) and section 208(c) of Public Law 93–471

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17 1 shall be available for retirement and employees’ compensa2 tion costs for extension agents. 3

INTEGRATED ACTIVITIES

4

For the integrated research, education, and extension

5 grants programs, including necessary administrative ex6 penses, $35,317,000, which shall be for the purposes, and 7 in the amounts, specified in the table titled ‘‘National In8 stitute of Food and Agriculture, Integrated Activities’’ in 9 the explanatory statement described in section 4 (in the 10 matter preceding division A of this consolidated Act): Pro11 vided, That funds for the Food and Agriculture Defense 12 Initiative shall remain available until September 30, 2015. 13

OFFICE

OF THE

14

AND

15

UNDER SECRETARY

FOR

MARKETING

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under

16 Secretary for Marketing and Regulatory Programs, 17 $893,000. 18

ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE

19

SALARIES AND EXPENSES

20

(INCLUDING TRANSFERS OF FUNDS)

21

For necessary expenses of the Animal and Plant

22 Health Inspection Service, including up to $30,000 for 23 representation allowances and for expenses pursuant to 24 the Foreign Service Act of 1980 (22 U.S.C. 4085), 25 $821,721,000, of which $470,000, to remain available

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18 1 until expended, shall be available for the control of out2 breaks of insects, plant diseases, animal diseases and for 3 control of pest animals and birds (‘‘contingency fund’’) to 4 the extent necessary to meet emergency conditions; of 5 which $12,720,000, to remain available until expended, 6 shall be used for the cotton pests program for cost share 7 purposes or for debt retirement for active eradication 8 zones; of which $35,339,000, to remain available until ex9 pended, shall be for Animal Health Technical Services; of 10 which $697,000 shall be for activities under the authority 11 of the Horse Protection Act of 1970, as amended (15 12 U.S.C. 1831); of which $52,340,000, to remain available 13 until expended, shall be used to support avian health; of 14 which $4,251,000, to remain available until expended, 15 shall be for information technology infrastructure; of 16 which $151,500,000, to remain available until expended, 17 shall be for specialty crop pests; of which, $8,826,000, to 18 remain available until expended, shall be for field crop and 19 rangeland ecosystem pests; of which $54,000,000, to re20 main available until expended, shall be for tree and wood 21 pests; of which $3,722,000, to remain available until ex22 pended, shall be for the National Veterinary Stockpile; of 23 which up to $1,500,000, to remain available until ex24 pended, shall be for the scrapie program for indemnities; 25 of which $1,500,000, to remain available until expended,

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19 1 shall be for the wildlife damage management program for 2 aviation safety: Provided, That of amounts available under 3 this heading for wildlife services methods development, 4 $1,000,000 shall remain available until expended: Pro5 vided further, That of amounts available under this head6 ing for the screwworm program, $4,990,000 shall remain 7 available until expended: Provided further, That no funds 8 shall be used to formulate or administer a brucellosis 9 eradication program for the current fiscal year that does 10 not require minimum matching by the States of at least 11 40 percent: Provided further, That this appropriation shall 12 be available for the operation and maintenance of aircraft 13 and the purchase of not to exceed four, of which two shall 14 be for replacement only: Provided further, That in addi15 tion, in emergencies which threaten any segment of the 16 agricultural production industry of this country, the Sec17 retary may transfer from other appropriations or funds 18 available to the agencies or corporations of the Depart19 ment such sums as may be deemed necessary, to be avail20 able only in such emergencies for the arrest and eradi21 cation of contagious or infectious disease or pests of ani22 mals, poultry, or plants, and for expenses in accordance 23 with sections 10411 and 10417 of the Animal Health Pro24 tection Act (7 U.S.C. 8310 and 8316) and sections 431 25 and 442 of the Plant Protection Act (7 U.S.C. 7751 and

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20 1 7772), and any unexpended balances of funds transferred 2 for such emergency purposes in the preceding fiscal year 3 shall be merged with such transferred amounts: Provided 4 further, That appropriations hereunder shall be available 5 pursuant to law (7 U.S.C. 2250) for the repair and alter6 ation of leased buildings and improvements, but unless 7 otherwise provided the cost of altering any one building 8 during the fiscal year shall not exceed 10 percent of the 9 current replacement value of the building. 10

In fiscal year 2014, the agency is authorized to collect

11 fees to cover the total costs of providing technical assist12 ance, goods, or services requested by States, other political 13 subdivisions, domestic and international organizations, 14 foreign governments, or individuals, provided that such 15 fees are structured such that any entity’s liability for such 16 fees is reasonably based on the technical assistance, goods, 17 or services provided to the entity by the agency, and such 18 fees shall be reimbursed to this account, to remain avail19 able until expended, without further appropriation, for 20 providing such assistance, goods, or services. 21

BUILDINGS AND FACILITIES

22

For plans, construction, repair, preventive mainte-

23 nance, environmental support, improvement, extension, al24 teration, and purchase of fixed equipment or facilities, as 25 authorized by 7 U.S.C. 2250, and acquisition of land as

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21 1 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail2 able until expended. 3

AGRICULTURAL MARKETING SERVICE

4

MARKETING SERVICES

5

For necessary expenses of the Agricultural Marketing

6 Service, $79,914,000: Provided, That this appropriation 7 shall be available pursuant to law (7 U.S.C. 2250) for the 8 alteration and repair of buildings and improvements, but 9 the cost of altering any one building during the fiscal year 10 shall not exceed 10 percent of the current replacement 11 value of the building. 12

Fees may be collected for the cost of standardization

13 activities, as established by regulation pursuant to law (31 14 U.S.C. 9701). 15

LIMITATION ON ADMINISTRATIVE EXPENSES

16

Not to exceed $60,435,000 (from fees collected) shall

17 be obligated during the current fiscal year for administra18 tive expenses: Provided, That if crop size is understated 19 and/or other uncontrollable events occur, the agency may 20 exceed this limitation by up to 10 percent with notification 21 to the Committees on Appropriations of both Houses of 22 Congress.

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22 1

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

2

SUPPLY (SECTION 32)

3

(INCLUDING TRANSFERS OF FUNDS)

4

Funds available under section 32 of the Act of Au-

5 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com6 modity program expenses as authorized therein, and other 7 related operating expenses, except for: (1) transfers to the 8 Department of Commerce as authorized by the Fish and 9 Wildlife Act of August 8, 1956; (2) transfers otherwise 10 provided in this Act; and (3) not more than $20,056,000 11 for formulation and administration of marketing agree12 ments and orders pursuant to the Agricultural Marketing 13 Agreement Act of 1937 and the Agricultural Act of 1961. 14

PAYMENTS TO STATES AND POSSESSIONS

15

For payments to departments of agriculture, bureaus

16 and departments of markets, and similar agencies for 17 marketing activities under section 204(b) of the Agricul18 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 19 $1,363,000. 20

GRAIN INSPECTION, PACKERS

AND

STOCKYARDS

21

ADMINISTRATION

22

SALARIES AND EXPENSES

23

For necessary expenses of the Grain Inspection,

24 Packers and Stockyards Administration, $40,261,000: 25 Provided, That this appropriation shall be available pursu-

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23 1 ant to law (7 U.S.C. 2250) for the alteration and repair 2 of buildings and improvements, but the cost of altering 3 any one building during the fiscal year shall not exceed 4 10 percent of the current replacement value of the build5 ing. 6

LIMITATION ON INSPECTION AND WEIGHING SERVICES

7

EXPENSES

8

Not to exceed $50,000,000 (from fees collected) shall

9 be obligated during the current fiscal year for inspection 10 and weighing services: Provided, That if grain export ac11 tivities require additional supervision and oversight, or 12 other uncontrollable factors occur, this limitation may be 13 exceeded by up to 10 percent with notification to the Com14 mittees on Appropriations of both Houses of Congress. 15 OFFICE 16

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

For necessary expenses of the Office of the Under

17 Secretary for Food Safety, $811,000. 18

FOOD SAFETY

19

AND INSPECTION

SERVICE

For necessary expenses to carry out services author-

20 ized by the Federal Meat Inspection Act, the Poultry 21 Products Inspection Act, and the Egg Products Inspection 22 Act, including not to exceed $50,000 for representation 23 allowances and for expenses pursuant to section 8 of the 24 Act approved August 3, 1956 (7 U.S.C. 1766), 25 $1,010,689,000; and in addition, $1,000,000 may be cred-

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24 1 ited to this account from fees collected for the cost of lab2 oratory accreditation as authorized by section 1327 of the 3 Food, Agriculture, Conservation and Trade Act of 1990 4 (7 U.S.C. 138f): Provided, That funds provided for the 5 Public Health Data Communication Infrastructure system 6 shall remain available until expended: Provided further, 7 That no fewer than 148 full-time equivalent positions shall 8 be employed during fiscal year 2014 for purposes dedi9 cated solely to inspections and enforcement related to the 10 Humane Methods of Slaughter Act: Provided further, That 11 the Food Safety and Inspection Service shall continue im12 plementation of section 11016 of Public Law 110–246: 13 Provided further, That this appropriation shall be available 14 pursuant to law (7 U.S.C. 2250) for the alteration and 15 repair of buildings and improvements, but the cost of al16 tering any one building during the fiscal year shall not 17 exceed 10 percent of the current replacement value of the 18 building. 19

OFFICE

20

OF THE

UNDER SECRETARY

FOR

FARM

AND

FOREIGN AGRICULTURAL SERVICES

21

For necessary expenses of the Office of the Under

22 Secretary for Farm and Foreign Agricultural Services, 23 $893,000.

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25 1

FARM SERVICE AGENCY

2

SALARIES AND EXPENSES

3

(INCLUDING TRANSFERS OF FUNDS)

4

For necessary expenses of the Farm Service Agency,

5 $1,177,926,000: Provided, That the Secretary is author6 ized to use the services, facilities, and authorities (but not 7 the funds) of the Commodity Credit Corporation to make 8 program payments for all programs administered by the 9 Agency: Provided further, That other funds made available 10 to the Agency for authorized activities may be advanced 11 to and merged with this account: Provided further, That 12 funds made available to county committees shall remain 13 available until expended. 14

STATE MEDIATION GRANTS

15

For grants pursuant to section 502(b) of the Agricul-

16 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 17 5106), $3,782,000. 18

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

19

For necessary expenses to carry out wellhead or

20 groundwater protection activities under section 1240O of 21 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 22 $5,526,000, to remain available until expended.

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26 1

DAIRY INDEMNITY PROGRAM

2

(INCLUDING TRANSFER OF FUNDS)

3

For necessary expenses involved in making indemnity

4 payments to dairy farmers and manufacturers of dairy 5 products under a dairy indemnity program, such sums as 6 may be necessary, to remain available until expended: Pro7 vided, That such program is carried out by the Secretary 8 in the same manner as the dairy indemnity program de9 scribed in the Agriculture, Rural Development, Food and 10 Drug Administration, and Related Agencies Appropria11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 12 12). 13

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

14

ACCOUNT

15

(INCLUDING TRANSFERS OF FUNDS)

16

For gross obligations for the principal amount of di-

17 rect and guaranteed farm ownership (7 U.S.C. 1922 et 18 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer19 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac20 quisition loans (25 U.S.C. 488), boll weevil loans (7 21 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 22 1924 et seq.), and Indian highly fractionated land loans 23 (25 U.S.C. 488) to be available from funds in the Agricul24 tural Credit Insurance Fund, as follows: $2,000,000,000 25 for guaranteed farm ownership loans and $575,000,000

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27 1 for farm ownership direct loans; $1,500,000,000 for un2 subsidized

guaranteed

operating

loans

and

3 $1,195,620,000 for direct operating loans; emergency 4 loans, $34,658,000; Indian tribe land acquisition loans, 5 $2,000,000;

guaranteed

conservation

loans,

6 $150,000,000; Indian highly fractionated land loans, 7 $10,000,000; and for boll weevil eradication program 8 loans, $60,000,000: Provided, That the Secretary shall 9 deem the pink bollworm to be a boll weevil for the purpose 10 of boll weevil eradication program loans. 11

For the cost of direct and guaranteed loans and

12 grants, including the cost of modifying loans as defined 13 in section 502 of the Congressional Budget Act of 1974, 14 as follows: farm ownership, $4,428,000 for direct loans; 15 farm operating loans, $65,520,000 for direct operating 16 loans, $18,300,000 for unsubsidized guaranteed operating 17 loans, emergency loans, $1,698,000, to remain available 18 until expended; and Indian highly fractionated land loans, 19 $68,000. 20

In addition, for administrative expenses necessary to

21 carry out the direct and guaranteed loan programs, 22 $314,719,000, of which $306,998,000 shall be transferred 23 to and merged with the appropriation for ‘‘Farm Service 24 Agency, Salaries and Expenses’’.

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28 1

Funds appropriated by this Act to the Agricultural

2 Credit Insurance Program Account for farm ownership, 3 operating and conservation direct loans and guaranteed 4 loans may be transferred among these programs: Pro5 vided, That the Committees on Appropriations of both 6 Houses of Congress are notified at least 15 days in ad7 vance of any transfer. 8

RISK MANAGEMENT AGENCY

9

For necessary expenses of the Risk Management

10 Agency, $71,496,000: Provided, That not to exceed 11 $1,000 shall be available for official reception and rep12 resentation expenses, as authorized by 7 U.S.C. 1506(i). 13

CORPORATIONS

14

The following corporations and agencies are hereby

15 authorized to make expenditures, within the limits of 16 funds and borrowing authority available to each such cor17 poration or agency and in accord with law, and to make 18 contracts and commitments without regard to fiscal year 19 limitations as provided by section 104 of the Government 20 Corporation Control Act as may be necessary in carrying 21 out the programs set forth in the budget for the current 22 fiscal year for such corporation or agency, except as here23 inafter provided.

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29 1

FEDERAL CROP INSURANCE CORPORATION FUND

2

For payments as authorized by section 516 of the

3 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 4 as may be necessary, to remain available until expended. 5

COMMODITY CREDIT CORPORATION FUND

6

REIMBURSEMENT FOR NET REALIZED LOSSES

7

(INCLUDING TRANSFERS OF FUNDS)

8

For the current fiscal year, such sums as may be nec-

9 essary to reimburse the Commodity Credit Corporation for 10 net realized losses sustained, but not previously reim11 bursed, pursuant to section 2 of the Act of August 17, 12 1961 (15 U.S.C. 713a–11): Provided, That of the funds 13 available to the Commodity Credit Corporation under sec14 tion 11 of the Commodity Credit Corporation Charter Act 15 (15 U.S.C. 714i) for the conduct of its business with the 16 Foreign Agricultural Service, up to $5,000,000 may be 17 transferred to and used by the Foreign Agricultural Serv18 ice for information resource management activities of the 19 Foreign Agricultural Service that are not related to Com20 modity Credit Corporation business. 21

HAZARDOUS WASTE MANAGEMENT

22

(LIMITATION ON EXPENSES)

23

For the current fiscal year, the Commodity Credit

24 Corporation shall not expend more than $5,000,000 for 25 site investigation and cleanup expenses, and operations

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30 1 and maintenance expenses to comply with the requirement 2 of section 107(g) of the Comprehensive Environmental 3 Response, Compensation, and Liability Act (42 U.S.C. 4 9607(g)), and section 6001 of the Resource Conservation 5 and Recovery Act (42 U.S.C. 6961).

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31 1

TITLE II

2

CONSERVATION PROGRAMS

3

OFFICE

4

OF THE

UNDER SECRETARY

RESOURCES

5

AND

FOR

NATURAL

ENVIRONMENT

For necessary expenses of the Office of the Under

6 Secretary for Natural Resources and Environment, 7 $893,000. 8

NATURAL RESOURCES CONSERVATION SERVICE

9

CONSERVATION OPERATIONS

10

For necessary expenses for carrying out the provi-

11 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 12 including preparation of conservation plans and establish13 ment of measures to conserve soil and water (including 14 farm irrigation and land drainage and such special meas15 ures for soil and water management as may be necessary 16 to prevent floods and the siltation of reservoirs and to con17 trol agricultural related pollutants); operation of conserva18 tion plant materials centers; classification and mapping of 19 soil; dissemination of information; acquisition of lands, 20 water, and interests therein for use in the plant materials 21 program by donation, exchange, or purchase at a nominal 22 cost not to exceed $100 pursuant to the Act of August 23 3, 1956 (7 U.S.C. 428a); purchase and erection or alter24 ation or improvement of permanent and temporary build25 ings; and operation and maintenance of aircraft,

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32 1 $812,939,000, to remain available until September 30, 2 2015: Provided, That appropriations hereunder shall be 3 available pursuant to 7 U.S.C. 2250 for construction and 4 improvement of buildings and public improvements at 5 plant materials centers, except that the cost of alterations 6 and improvements to other buildings and other public im7 provements shall not exceed $250,000: Provided further, 8 That when buildings or other structures are erected on 9 non-Federal land, that the right to use such land is ob10 tained as provided in 7 U.S.C. 2250a. 11

WATERSHED REHABILITATION PROGRAM

12

Under the authorities of section 14 of the Watershed

13 Protection and Flood Prevention Act, $12,000,000 is pro14 vided.

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33 1

TITLE III

2

RURAL DEVELOPMENT PROGRAMS

3

OFFICE

OF THE

4

UNDER SECRETARY

FOR

RURAL

DEVELOPMENT

5

For necessary expenses of the Office of the Under

6 Secretary for Rural Development, $893,000. 7

RURAL DEVELOPMENT SALARIES

8

AND

EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

9

For necessary expenses for carrying out the adminis-

10 tration and implementation of programs in the Rural De11 velopment mission area, including activities with institu12 tions concerning the development and operation of agricul13 tural cooperatives; and for cooperative agreements; 14 $203,424,000: Provided, That no less than $20,000,000 15 shall be for the Comprehensive Loan Accounting System: 16 Provided further, That notwithstanding any other provi17 sion of law, funds appropriated under this heading may 18 be used for advertising and promotional activities that 19 support the Rural Development mission area: Provided 20 further, That any balances available from prior years for 21 the Rural Utilities Service, Rural Housing Service, and 22 the Rural Business—Cooperative Service salaries and ex23 penses accounts shall be transferred to and merged with 24 this appropriation.

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34 1

RURAL HOUSING SERVICE

2

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

3

(INCLUDING TRANSFERS OF FUNDS)

4

For gross obligations for the principal amount of di-

5 rect and guaranteed loans as authorized by title V of the 6 Housing Act of 1949, to be available from funds in the 7 rural housing insurance fund, as follows: $900,000,000 8 shall be for direct loans and $24,000,000,000 shall be for 9 unsubsidized guaranteed loans; $26,280,000 for section 10 504 housing repair loans; $28,432,000 for section 515 11 rental housing; $150,000,000 for section 538 guaranteed 12 multi-family housing loans; $10,000,000 for credit sales 13 of single family housing acquired property; $5,000,000 for 14 section 523 self-help housing land development loans; and 15 $5,000,000 for section 524 site development loans. 16

For the cost of direct and guaranteed loans, including

17 the cost of modifying loans, as defined in section 502 of 18 the Congressional Budget Act of 1974, as follows: section 19 502 loans, $24,480,000 shall be for direct loans; section 20 504 housing repair loans, $2,176,000; and repair, rehabili21 tation, and new construction of section 515 rental housing, 22 $6,656,000: Provided, That to support the loan program 23 level for section 538 guaranteed loans made available 24 under this heading the Secretary may charge or adjust 25 any fees to cover the projected cost of such loan guaran-

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35 1 tees pursuant to the provisions of the Credit Reform Act 2 of 1990 (2 U.S.C. 661 et seq.), and the interest on such 3 loans may not be subsidized: Provided further, That appli4 cants in communities that have a current rural area waiv5 er under section 541 of the Housing Act of 1949 (42 6 U.S.C. 1490q) shall be treated as living in a rural area 7 for purposes of section 502 guaranteed loans provided 8 under this heading: Provided further, That of the amounts 9 available under this paragraph for section 502 direct 10 loans, no less than $5,000,000 shall be available for direct 11 loans for individuals whose homes will be built pursuant 12 to a program funded with a mutual and self-help housing 13 grant authorized by section 523 of the Housing Act of 14 1949 until June 1, 2014. 15

In addition, for the cost of direct loans, grants, and

16 contracts, as authorized by 42 U.S.C. 1484 and 1486, 17 $13,992,000, to remain available until expended, for direct 18 farm labor housing loans and domestic farm labor housing 19 grants and contracts: Provided, That any balances avail20 able for the Farm Labor Program Account shall be trans21 ferred to and merged with this account. 22

In addition, for administrative expenses necessary to

23 carry out the direct and guaranteed loan programs, 24 $415,100,000 shall be transferred to and merged with the

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36 1 appropriation for ‘‘Rural Development, Salaries and Ex2 penses’’. 3

RENTAL ASSISTANCE PROGRAM

4

For rental assistance agreements entered into or re-

5 newed pursuant to the authority under section 521(a)(2) 6 or agreements entered into in lieu of debt forgiveness or 7 payments for eligible households as authorized by section 8 502(c)(5)(D)

of

the

Housing

Act

of

1949,

9 $1,110,000,000; and, in addition, such sums as may be 10 necessary, as authorized by section 521(c) of the Act, to 11 liquidate debt incurred prior to fiscal year 1992 to carry 12 out the rental assistance program under section 521(a)(2) 13 of the Act: Provided, That rental assistance agreements 14 entered into or renewed during the current fiscal year 15 shall be funded for a 1-year period: Provided further, That 16 any unexpended balances remaining at the end of such 117 year agreements may be transferred and used for the pur18 poses of any debt reduction; maintenance, repair, or reha19 bilitation of any existing projects; preservation; and rental 20 assistance activities authorized under title V of the Act: 21 Provided further, That rental assistance provided under 22 agreements entered into prior to fiscal year 2014 for a 23 farm labor multi-family housing project financed under 24 section 514 or 516 of the Act may not be recaptured for 25 use in another project until such assistance has remained

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37 1 unused for a period of 12 consecutive months, if such 2 project has a waiting list of tenants seeking such assist3 ance or the project has rental assistance eligible tenants 4 who are not receiving such assistance: Provided further, 5 That such recaptured rental assistance shall, to the extent 6 practicable, be applied to another farm labor multi-family 7 housing project financed under section 514 or 516 of the 8 Act. 9

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

10

ACCOUNT

11

For the rural housing voucher program as authorized

12 under section 542 of the Housing Act of 1949, but not13 withstanding subsection (b) of such section, and for addi14 tional costs to conduct a demonstration program for the 15 preservation and revitalization of multi-family rental hous16 ing properties described in this paragraph, $32,575,000, 17 to remain available until expended: Provided, That of the 18 funds made available under this heading, $12,575,000, 19 shall be available for rural housing vouchers to any low20 income household (including those not receiving rental as21 sistance) residing in a property financed with a section 22 515 loan which has been prepaid after September 30, 23 2005: Provided further, That the amount of such voucher 24 shall be the difference between comparable market rent 25 for the section 515 unit and the tenant paid rent for such

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38 1 unit: Provided further, That funds made available for such 2 vouchers shall be subject to the availability of annual ap3 propriations: Provided further, That the Secretary shall, 4 to the maximum extent practicable, administer such 5 vouchers with current regulations and administrative guid6 ance applicable to section 8 housing vouchers administered 7 by the Secretary of the Department of Housing and Urban 8 Development: Provided further, That if the Secretary de9 termines that the amount made available for vouchers in 10 this or any other Act is not needed for vouchers, the Sec11 retary may use such funds for the demonstration program 12 for the preservation and revitalization of multi-family 13 rental housing properties described in this paragraph: Pro14 vided further, That of the funds made available under this 15 heading, $20,000,000 shall be available for a demonstra16 tion program for the preservation and revitalization of the 17 sections 514, 515, and 516 multi-family rental housing 18 properties to restructure existing USDA multi-family 19 housing loans, as the Secretary deems appropriate, ex20 pressly for the purposes of ensuring the project has suffi21 cient resources to preserve the project for the purpose of 22 providing safe and affordable housing for low-income resi23 dents and farm laborers including reducing or eliminating 24 interest; deferring loan payments, subordinating, reducing 25 or reamortizing loan debt; and other financial assistance

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39 1 including advances, payments and incentives (including 2 the ability of owners to obtain reasonable returns on in3 vestment) required by the Secretary: Provided further, 4 That the Secretary shall as part of the preservation and 5 revitalization agreement obtain a restrictive use agreement 6 consistent with the terms of the restructuring: Provided 7 further, That if the Secretary determines that additional 8 funds for vouchers described in this paragraph are needed, 9 funds for the preservation and revitalization demonstra10 tion program may be used for such vouchers: Provided fur11 ther, That if Congress enacts legislation to permanently 12 authorize a multi-family rental housing loan restructuring 13 program similar to the demonstration program described 14 herein, the Secretary may use funds made available for 15 the demonstration program under this heading to carry 16 out such legislation with the prior approval of the Commit17 tees on Appropriations of both Houses of Congress: Pro18 vided further, That in addition to any other available 19 funds, the Secretary may expend not more than 20 $1,000,000 total, from the program funds made available 21 under this heading, for administrative expenses for activi22 ties funded under this heading.

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40 1

MUTUAL AND SELF-HELP HOUSING GRANTS

2

For grants and contracts pursuant to section

3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 4 1490c), $25,000,000, to remain available until expended. 5

RURAL HOUSING ASSISTANCE GRANTS

6

For grants for very low-income housing repair and

7 rural housing preservation made by the Rural Housing 8 Service, as authorized by 42 U.S.C. 1474, and 1490m, 9 $32,239,000, to remain available until expended. 10

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

11

(INCLUDING TRANSFERS OF FUNDS)

12

For gross obligations for the principal amount of di-

13 rect and guaranteed loans as authorized by section 306 14 and described in section 381E(d)(1) of the Consolidated 15 Farm and Rural Development Act, $2,200,000,000 for di16 rect loans and $59,543,000 for guaranteed loans. 17

For the cost of guaranteed loans, including the cost

18 of modifying loans, as defined in section 502 of the Con19 gressional Budget Act of 1974, $3,775,000, to remain 20 available until expended. 21

For the cost of grants for rural community facilities

22 programs as authorized by section 306 and described in 23 section 381E(d)(1) of the Consolidated Farm and Rural 24 Development Act, $28,745,000, to remain available until 25 expended: Provided, That $5,967,000 of the amount ap-

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41 1 propriated under this heading shall be available for a 2 Rural Community Development Initiative: Provided fur3 ther, That such funds shall be used solely to develop the 4 capacity and ability of private, nonprofit community-based 5 housing and community development organizations, low6 income rural communities, and Federally Recognized Na7 tive American Tribes to undertake projects to improve 8 housing, community facilities, community and economic 9 development projects in rural areas: Provided further, 10 That such funds shall be made available to qualified pri11 vate, nonprofit and public intermediary organizations pro12 posing to carry out a program of financial and technical 13 assistance: Provided further, That such intermediary orga14 nizations shall provide matching funds from other sources, 15 including Federal funds for related activities, in an 16 amount not less than funds provided: Provided further, 17 That $5,778,000 of the amount appropriated under this 18 heading shall be to provide grants for facilities in rural 19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106–387), with up to 5 per21 cent for administration and capacity building in the State 22 rural

development

offices:

Provided

further,

That

23 $4,000,000 of the amount appropriated under this head24 ing shall be available for community facilities grants to 25 tribal colleges, as authorized by section 306(a)(19) of such

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42 1 Act: Provided further, That sections 381E–H and 381N 2 of the Consolidated Farm and Rural Development Act are 3 not applicable to the funds made available under this 4 heading. 5

RURAL BUSINESS—COOPERATIVE SERVICE

6

RURAL BUSINESS PROGRAM ACCOUNT

7

(INCLUDING TRANSFERS OF FUNDS)

8

For the cost of loan guarantees and grants, for the

9 rural business development programs authorized by sec10 tions 306 and 310B and described in subsections (f) and 11 (g) of section 310B and section 381E(d)(3) of the Consoli12 dated Farm and Rural Development Act, $96,539,000, to 13 remain available until expended: Provided, That of the 14 amount appropriated under this heading, not to exceed 15 $500,000 shall be made available for one grant to a quali16 fied national organization to provide technical assistance 17 for rural transportation in order to promote economic de18 velopment and $3,000,000 shall be for grants to the Delta 19 Regional Authority (7 U.S.C. 2009aa et seq.) for any 20 Rural Community Advancement Program purpose as de21 scribed in section 381E(d) of the Consolidated Farm and 22 Rural Development Act, of which not more than 5 percent 23 may be used for administrative expenses: Provided further, 24 That $4,000,000 of the amount appropriated under this 25 heading shall be for business grants to benefit Federally

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43 1 Recognized Native American Tribes, including $250,000 2 for a grant to a qualified national organization to provide 3 technical assistance for rural transportation in order to 4 promote economic development: Provided further, That 5 sections 381E–H and 381N of the Consolidated Farm and 6 Rural Development Act are not applicable to funds made 7 available under this heading. 8

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

9

(INCLUDING TRANSFER OF FUNDS)

10

For the principal amount of direct loans, as author-

11 ized by the Rural Development Loan Fund (42 U.S.C. 12 9812(a)), $18,889,000. 13

For the cost of direct loans, $4,082,000, as author-

14 ized by the Rural Development Loan Fund (42 U.S.C. 15 9812(a)), of which $531,000 shall be available through 16 June 30, 2014, for Federally Recognized Native American 17 Tribes; and of which $1,021,000 shall be available through 18 June 30, 2014, for Mississippi Delta Region counties (as 19 determined in accordance with Public Law 100–460): Pro20 vided, That such costs, including the cost of modifying 21 such loans, shall be as defined in section 502 of the Con22 gressional Budget Act of 1974. 23

In addition, for administrative expenses to carry out

24 the direct loan programs, $4,439,000 shall be transferred

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44 1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’. 3

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

4

ACCOUNT

5

(INCLUDING RESCISSION OF FUNDS)

6

For the principal amount of direct loans, as author-

7 ized under section 313 of the Rural Electrification Act, 8 for the purpose of promoting rural economic development 9 and job creation projects, $33,077,000. 10

Of the funds derived from interest on the cushion of

11 credit payments, as authorized by section 313 of the Rural 12 Electrification Act of 1936, $172,000,000 shall not be ob13 ligated and $172,000,000 are rescinded. 14

RURAL COOPERATIVE DEVELOPMENT GRANTS

15

For rural cooperative development grants authorized

16 under section 310B(e) of the Consolidated Farm and 17 Rural Development Act (7 U.S.C. 1932), $26,050,000, of 18 which $2,250,000 shall be for cooperative agreements for 19 the appropriate technology transfer for rural areas pro20 gram: Provided, That not to exceed $3,000,000 shall be 21 for grants for cooperative development centers, individual 22 cooperatives, or groups of cooperatives that serve socially 23 disadvantaged groups and a majority of the boards of di24 rectors or governing boards of which are comprised of in25 dividuals who are members of socially disadvantaged

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45 1 groups; and of which $15,000,000, to remain available 2 until expended, shall be for value-added agricultural prod3 uct market development grants, as authorized by section 4 231 of the Agricultural Risk Protection Act of 2000 (7 5 U.S.C. 1632a). 6

RURAL ENERGY FOR AMERICA PROGRAM

7

For the cost of a program of loan guarantees, under

8 the same terms and conditions as authorized by section 9 9007 of the Farm Security and Rural Investment Act of 10 2002 (7 U.S.C. 8107), $3,500,000: Provided, That the 11 cost of loan guarantees, including the cost of modifying 12 such loans, shall be as defined in section 502 of the Con13 gressional Budget Act of 1974. 14

RURAL UTILITIES SERVICE

15

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

16

(INCLUDING TRANSFERS OF FUNDS)

17

For the cost of direct loans, loan guarantees, and

18 grants for the rural water, waste water, waste disposal, 19 and solid waste management programs authorized by sec20 tions 306, 306A, 306C, 306D, 306E, and 310B and de21 scribed in sections 306C(a)(2), 306D, 306E, and 22 381E(d)(2) of the Consolidated Farm and Rural Develop23 ment Act, $462,371,000, to remain available until ex24 pended, of which not to exceed $1,000,000 shall be avail25 able for the rural utilities program described in section

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46 1 306(a)(2)(B) of such Act, and of which not to exceed 2 $993,000 shall be available for the rural utilities program 3 described in section 306E of such Act: Provided, That 4 $66,500,000 of the amount appropriated under this head5 ing shall be for loans and grants including water and 6 waste

disposal

systems

grants

authorized

by

7 306C(a)(2)(B) and 306D of the Consolidated Farm and 8 Rural Development Act, Federally recognized Native 9 American Tribes authorized by 306C(a)(1), and the De10 partment of Hawaiian Home Lands (of the State of Ha11 waii): Provided further, That funding provided for section 12 306D of the Consolidated Farm and Rural Development 13 Act may be provided to a consortium formed pursuant to 14 section 325 of Public Law 105–83: Provided further, That 15 not more than 2 percent of the funding provided for sec16 tion 306D of the Consolidated Farm and Rural Develop17 ment Act may be used by the State of Alaska for training 18 and technical assistance programs and not more than 2 19 percent of the funding provided for section 306D of the 20 Consolidated Farm and Rural Development Act may be 21 used by a consortium formed pursuant to section 325 of 22 Public Law 105–83 for training and technical assistance 23 programs:

Provided

further,

That

not

to

exceed

24 $19,000,000 of the amount appropriated under this head25 ing shall be for technical assistance grants for rural water

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47 1 and waste systems pursuant to section 306(a)(14) of such 2 Act, unless the Secretary makes a determination of ex3 treme need, of which $6,000,000 shall be made available 4 for a grant to a qualified non-profit multi-state regional 5 technical assistance organization, with experience in work6 ing with small communities on water and waste water 7 problems, the principal purpose of such grant shall be to 8 assist rural communities with populations of 3,300 or less, 9 in improving the planning, financing, development, oper10 ation, and management of water and waste water systems, 11 and of which not less than $800,000 shall be for a quali12 fied national Native American organization to provide 13 technical assistance for rural water systems for tribal com14 munities:

Provided

further,

That

not

to

exceed

15 $15,000,000 of the amount appropriated under this head16 ing shall be for contracting with qualified national organi17 zations for a circuit rider program to provide technical as18 sistance for rural water systems: Provided further, That 19 not to exceed $4,000,000 shall be for solid waste manage20 ment grants: Provided further, That $10,000,000 of the 21 amount appropriated under this heading shall be trans22 ferred to, and merged with, the Rural Utilities Service, 23 High Energy Cost Grants Account to provide grants au24 thorized under section 19 of the Rural Electrification Act 25 of 1936 (7 U.S.C. 918a): Provided further, That any prior

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48 1 year balances for high-energy cost grants authorized by 2 section 19 of the Rural Electrification Act of 1936 (7 3 U.S.C. 918a) shall be transferred to and merged with the 4 Rural Utilities Service, High Energy Cost Grants Ac5 count: Provided further, That sections 381E–H and 381N 6 of the Consolidated Farm and Rural Development Act are 7 not applicable to the funds made available under this 8 heading. 9

For gross obligations for the principal amount of di-

10 rect loans as authorized by section 1006a of title 16 of 11 the United States Code, except for the limitations con12 tained in the last sentence of such section as well as limita13 tions in section 1002 of title 16, as determined by the Sec14 retary, for projects whose features include agricultural 15 water supply benefits, groundwater protection, and envi16 ronmental enhancement, $40,000,000: Provided, That 17 such loans shall be made by the Rural Utilities Service: 18 Provided further, That the Secretary may treat these 19 projects as works of improvement pursuant to Public Law 20 83–566: Provided further, That the Secretary may adopt 21 a watershed plan developed by the Army Corps of Engi22 neers with respect to such projects.

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49 1

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

2

LOANS PROGRAM ACCOUNT

3

(INCLUDING TRANSFER OF FUNDS)

4

The principal amount of direct and guaranteed loans

5 as authorized by sections 305 and 306 of the Rural Elec6 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 7 made as follows: loans made pursuant to section 306 of 8 that Act, rural electric, $5,000,000,000; guaranteed un9 derwriting loans pursuant to section 313A, $500,000,000; 10 5 percent rural telecommunications loans, cost of money 11 rural telecommunications loans, and for loans made pursu12 ant to section 306 of that Act, rural telecommunications 13 loans,

$690,000,000:

Provided,

That

up

to

14 $2,000,000,000 shall be used for the construction, acquisi15 tion, or improvement of fossil-fueled electric generating 16 plants (whether new or existing) that utilize carbon se17 questration systems. 18

In addition, for administrative expenses necessary to

19 carry out the direct and guaranteed loan programs, 20 $34,478,000, which shall be transferred to and merged 21 with the appropriation for ‘‘Rural Development, Salaries 22 and Expenses’’.

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50 1

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

2

PROGRAM

3

For the principal amount of broadband telecommuni-

4 cation loans, $34,483,000. 5

For grants for telemedicine and distance learning

6 services in rural areas, as authorized by 7 U.S.C. 950aaa 7 et seq., $24,323,000, to remain available until expended: 8 Provided, That $3,000,000 shall be made available for 9 grants authorized by 379G of the Consolidated Farm and 10 Rural Development Act: Provided further, That funding 11 provided under this heading for grants under 379G of the 12 Consolidated Farm and Rural Development Act may only 13 be provided to entities that meet all of the eligibility cri14 teria for a consortium as established by this section: Pro15 vided further, That $2,000,000 shall be made available to 16 those noncommercial educational television broadcast sta17 tions that serve rural areas and are qualified for Commu18 nity Service Grants by the Corporation for Public Broad19 casting under section 396(k) of the Communications Act 20 of 1934, including associated translators and repeaters, 21 regardless of the location of their main transmitter, stu22 dio-to-transmitter links, and equipment to allow local con23 trol over digital content and programming through the use 24 of high-definition broadcast, multi-casting and datacasting 25 technologies.

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51 1

For the cost of broadband loans, as authorized by

2 section 601 of the Rural Electrification Act, $4,500,000, 3 to remain available until expended: Provided, That the 4 cost of direct loans shall be as defined in section 502 of 5 the Congressional Budget Act of 1974. 6

In addition, $10,372,000, to remain available until

7 expended, for a grant program to finance broadband 8 transmission in rural areas eligible for Distance Learning 9 and Telemedicine Program benefits authorized by 7 10 U.S.C. 950aaa.

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52 1

TITLE IV

2

DOMESTIC FOOD PROGRAMS

3

OFFICE

4

OF THE

NUTRITION

5

UNDER SECRETARY AND

FOR

FOOD,

CONSUMER SERVICES

For necessary expenses of the Office of the Under

6 Secretary for Food, Nutrition and Consumer Services, 7 $811,000. 8

FOOD

9

AND

NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

10

(INCLUDING TRANSFERS OF FUNDS)

11

For necessary expenses to carry out the Richard B.

12 Russell National School Lunch Act (42 U.S.C. 1751 et 13 seq.), except section 21, and the Child Nutrition Act of 14 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 15 21; $19,287,957,000, to remain available through Sep16 tember 30, 2015, of which such sums as are made avail17 able under section 14222(b)(1) of the Food, Conservation, 18 and Energy Act of 2008 (Public Law 110–246), as 19 amended by this Act, shall be merged with and available 20 for the same time period and purposes as provided herein: 21 Provided, That of the total amount available, $17,004,000 22 shall be available to carry out section 19 of the Child Nu23 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 24 further, That of the total amount available, $25,000,000 25 shall be available to provide competitive grants to State

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53 1 agencies for subgrants to local educational agencies and 2 schools to purchase the equipment needed to serve 3 healthier meals, improve food safety, and to help support 4 the establishment, maintenance, or expansion of the school 5 breakfast program. 6

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

7

WOMEN, INFANTS, AND CHILDREN (WIC)

8

For necessary expenses to carry out the special sup-

9 plemental nutrition program as authorized by section 17 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 11 $6,715,841,000, to remain available through September 12 30, 2015, of which such sums as are necessary to restore 13 the contingency reserve to $125,000,000 shall be placed 14 in reserve, to remain available until expended, to be allo15 cated as the Secretary deemed necessary, notwithstanding 16 section 17(i) of such Act, to support participation should 17 cost or participation exceed budget estimates: Provided, 18 That notwithstanding section 17(h)(10) of the Child Nu19 trition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than 20 $60,000,000 shall be used for breastfeeding peer coun21 selors and other related activities, $14,000,000 shall be 22 used for infrastructure, and $30,000,000 shall be used for 23 management information systems: Provided further, That 24 none of the funds provided in this account shall be avail25 able for the purchase of infant formula except in accord-

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54 1 ance with the cost containment and competitive bidding 2 requirements specified in section 17 of such Act: Provided 3 further, That none of the funds provided shall be available 4 for activities that are not fully reimbursed by other Fed5 eral Government departments or agencies unless author6 ized by section 17 of such Act: Provided further, That 7 upon termination of a federally-mandated vendor morato8 rium and subject to terms and conditions established by 9 the Secretary, the Secretary may waive the requirement 10 at 7 CFR 246.12(g)(6) at the request of a State agency. 11

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

12

For necessary expenses to carry out the Food and

13 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 14 $82,169,945,000, of which $3,000,000,000, to remain 15 available through September 30, 2015, shall be placed in 16 reserve for use only in such amounts and at such times 17 as may become necessary to carry out program operations: 18 Provided, That funds provided herein shall be expended 19 in accordance with section 16 of the Food and Nutrition 20 Act of 2008: Provided further, That of the funds made 21 available under this heading, $998,000 may be used to 22 provide nutrition education services to State agencies and 23 Federally recognized tribes participating in the Food Dis24 tribution Program on Indian Reservations: Provided fur25 ther, That this appropriation shall be subject to any work

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55 1 registration or workfare requirements as may be required 2 by law: Provided further, That funds made available for 3 Employment and Training under this heading shall re4 main available until expended, notwithstanding section 5 16(h)(1) of the Food and Nutrition Act of 2008: Provided 6 further, That funds made available under this heading for 7 section 28(d)(1) of the Food and Nutrition Act of 2008 8 shall remain available through September 30, 2015: Pro9 vided further, That funds made available under this head10 ing may be used to enter into contracts and employ staff 11 to conduct studies, evaluations, or to conduct activities re12 lated to program integrity provided that such activities are 13 authorized by the Food and Nutrition Act of 2008. 14

COMMODITY ASSISTANCE PROGRAM

15

For necessary expenses to carry out disaster assist-

16 ance and the Commodity Supplemental Food Program as 17 authorized by section 4(a) of the Agriculture and Con18 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 19 Emergency Food Assistance Act of 1983; special assist20 ance for the nuclear affected islands, as authorized by sec21 tion 103(f)(2) of the Compact of Free Association Amend22 ments Act of 2003 (Public Law 108–188); and the Farm23 ers’ Market Nutrition Program, as authorized by section 24 17(m) of the Child Nutrition Act of 1966, $269,701,000, 25 to remain available through September 30, 2015: Pro-

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56 1 vided, That none of these funds shall be available to reim2 burse the Commodity Credit Corporation for commodities 3 donated to the program: Provided further, That notwith4 standing any other provision of law, effective with funds 5 made available in fiscal year 2014 to support the Seniors 6 Farmers’ Market Nutrition Program, as authorized by 7 section 4402 of the Farm Security and Rural Investment 8 Act of 2002, such funds shall remain available through 9 September 30, 2015: Provided further, That of the funds 10 made available under section 27(a) of the Food and Nutri11 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 12 use up to 10 percent for costs associated with the distribu13 tion of commodities. 14

NUTRITION PROGRAMS ADMINISTRATION

15

For necessary administrative expenses of the Food

16 and Nutrition Service for carrying out any domestic nutri17 tion assistance program, $141,348,000: Provided, That of 18 the funds provided herein, $2,000,000 shall be used for 19 the purposes of section 4404 of Public Law 107–171, as 20 amended by section 4401 of Public Law 110–246.

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57 1

TITLE V

2

FOREIGN ASSISTANCE AND RELATED

3

PROGRAMS

4

FOREIGN AGRICULTURAL SERVICE

5

SALARIES AND EXPENSES

6

(INCLUDING TRANSFERS OF FUNDS)

7

For necessary expenses of the Foreign Agricultural

8 Service, including not to exceed $158,000 for representa9 tion allowances and for expenses pursuant to section 8 of 10 the Act approved August 3, 1956 (7 U.S.C. 1766), 11 $177,863,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and 14 private organizations and institutions under agreements 15 executed pursuant to the agricultural food production as16 sistance programs (7 U.S.C. 1737) and the foreign assist17 ance programs of the United States Agency for Inter18 national Development: Provided further, That funds made 19 available for middle-income country training programs, 20 funds made available for the Borlaug International Agri21 cultural Science and Technology Fellowship program, and 22 up to $2,000,000 of the Foreign Agricultural Service ap23 propriation solely for the purpose of offsetting fluctuations 24 in international currency exchange rates, subject to docu-

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58 1 mentation by the Foreign Agricultural Service, shall re2 main available until expended. 3

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

4

FOR PROGRESS PROGRAM ACCOUNT

5

(INCLUDING TRANSFERS OF FUNDS)

6

For administrative expenses to carry out the credit

7 program of title I, Food for Peace Act (Public Law 83– 8 480) and the Food for Progress Act of 1985, $2,735,000, 9 shall be transferred to and merged with the appropriation 10 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro11 vided, That funds made available for the cost of agree12 ments under title I of the Agricultural Trade Development 13 and Assistance Act of 1954 and for title I ocean freight 14 differential may be used interchangeably between the two 15 accounts with prior notice to the Committees on Appro16 priations of both Houses of Congress. 17

FOOD FOR PEACE TITLE II GRANTS

18

For expenses during the current fiscal year, not oth-

19 erwise recoverable, and unrecovered prior years’ costs, in20 cluding interest thereon, under the Food for Peace Act 21 (Public Law 83–480, as amended), for commodities sup22 plied in connection with dispositions abroad under title II 23 of said Act, $1,466,000,000, to remain available until ex24 pended: Provided, That for purposes of funds appropriated 25 under this heading, in addition to amounts made available

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59 1 under section 202(e)(1) of the Food for Peace Act, of the 2 total amount provided under this heading, $35,000,000 3 shall be made available pursuant to section 202(e)(1) of 4 the Food for Peace Act to eligible organizations: Provided 5 further, That funds made available pursuant to section 6 202(e)(1) of the Food for Peace Act to eligible organiza7 tions may, in addition to the purposes set forth in section 8 202(e)(1)(A)–(C), be made available to assist such organi9 zations to carry out activities consistent with section 10 203(d)(1)–(3) of the Food for Peace Act: Provided further, 11 That notwithstanding any other provision of law, the re12 quirements pursuant to 7 U.S.C. 1736f(e)(1) may be 13 waived for any amounts higher than those specified under 14 this authority for fiscal year 2009. 15

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

16

AND CHILD NUTRITION PROGRAM GRANTS

17

For necessary expenses to carry out the provisions

18 of section 3107 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 1736o–1), $185,126,000, to 20 remain available until expended: Provided, That the Com21 modity Credit Corporation is authorized to provide the 22 services, facilities, and authorities for the purpose of im23 plementing such section, subject to reimbursement from 24 amounts provided herein.

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60 1

COMMODITY CREDIT CORPORATION EXPORT (LOANS)

2

CREDIT GUARANTEE PROGRAM ACCOUNT

3

(INCLUDING TRANSFERS OF FUNDS)

4

For administrative expenses to carry out the Com-

5 modity Credit Corporation’s export guarantee program, 6 GSM 102 and GSM 103, $6,748,000; to cover common 7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity 9 with the Federal Credit Reform Act of 1990, of which 10 $6,394,000 shall be transferred to and merged with the 11 appropriation for ‘‘Foreign Agricultural Service, Salaries 12 and Expenses’’, and of which $354,000 shall be trans13 ferred to and merged with the appropriation for ‘‘Farm 14 Service Agency, Salaries and Expenses’’.

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61 1

TITLE VI

2

RELATED AGENCIES AND FOOD AND DRUG

3

ADMINISTRATION

4

DEPARTMENT

OF

HEALTH

AND

HUMAN SERVICES

5

FOOD AND DRUG ADMINISTRATION

6

SALARIES AND EXPENSES

7

For necessary expenses of the Food and Drug Ad-

8 ministration, including hire and purchase of passenger 9 motor vehicles; for payment of space rental and related 10 costs pursuant to Public Law 92–313 for programs and 11 activities of the Food and Drug Administration which are 12 included in this Act; for rental of special purpose space 13 in the District of Columbia or elsewhere; for miscellaneous 14 and emergency expenses of enforcement activities, author15 ized and approved by the Secretary and to be accounted 16 for solely on the Secretary’s certificate, not to exceed 17 $25,000; and notwithstanding section 521 of Public Law 18 107–188; $4,346,670,000: Provided, That of the amount 19 provided under this heading, $760,000,000 shall be de20 rived from prescription drug user fees authorized by 21 21 U.S.C. 379h, and shall be credited to this account and 22 remain available until expended; $114,833,000 shall be de23 rived from medical device user fees authorized by 21 24 U.S.C. 379j, and shall be credited to this account and re25 main available until expended; $305,996,000 shall be de-

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62 1 rived from human generic drug user fees authorized by 2 21 U.S.C. 379j–42, and shall be credited to this account 3 and remain available until expended; $20,716,000 shall be 4 derived from biosimilar biological product user fees au5 thorized by 21 U.S.C. 379j–52, and shall be credited to 6 this account and remain available until expended; 7 $23,600,000 shall be derived from animal drug user fees 8 authorized by 21 U.S.C. 379j–12, and shall be credited 9 to this account and remain available until expended; 10 $7,328,000 shall be derived from animal generic drug user 11 fees authorized by 21 U.S.C. 379j–21, and shall be cred12 ited to this account and remain available until expended; 13 $534,000,000 shall be derived from tobacco product user 14 fees authorized by 21 U.S.C. 387s, and shall be credited 15 to this account and remain available until expended; 16 $12,925,000 shall be derived from food and feed recall 17 fees authorized by 21 U.S.C. 379j–31, and shall be cred18 ited to this account and remain available until expended; 19 $15,367,000 shall be derived from food reinspection fees 20 authorized by 21 U.S.C. 379j–31, and shall be credited 21 to this account and remain available until expended; and 22 amounts derived from voluntary qualified importer pro23 gram fees authorized by 21 U.S.C. 379j–31 shall be cred24 ited to this account and remain available until expended: 25 Provided further, That in addition and notwithstanding

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63 1 any other provision under this heading, amounts collected 2 for prescription drug user fees, medical device user fees, 3 human generic drug user fees, biosimilar biological prod4 uct user fees, animal drug user fees, and animal generic 5 drug user fees that exceed the respective fiscal year 2014 6 limitations are appropriated and shall be credited to this 7 account and remain available until expended: Provided fur8 ther, That fees derived from prescription drug, medical de9 vice, human generic drug, biosimilar biological product, 10 animal drug, and animal generic drug assessments for fis11 cal year 2014, including any such fees collected prior to 12 fiscal year 2014 but credited for fiscal year 2014, shall 13 be subject to the fiscal year 2014 limitations: Provided fur14 ther, That the Secretary may accept payment during fiscal 15 year 2014 of user fees specified under this heading and 16 authorized for fiscal year 2015, prior to the due date for 17 such fees, and that amounts of such fees assessed for fis18 cal year 2015 for which the Secretary accepts payment 19 in fiscal year 2014 shall not be included in amounts under 20 this heading: Provided further, That none of these funds 21 shall be used to develop, establish, or operate any program 22 of user fees authorized by 31 U.S.C. 9701: Provided fur23 ther, That of the total amount appropriated: (1) 24 $900,259,000 shall be for the Center for Food Safety and 25 Applied Nutrition and related field activities in the Office

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64 1 of Regulatory Affairs; (2) $1,289,304,000 shall be for the 2 Center for Drug Evaluation and Research and related 3 field activities in the Office of Regulatory Affairs; (3) 4 $337,543,000 shall be for the Center for Biologics Evalua5 tion and Research and for related field activities in the 6 Office of Regulatory Affairs; (4) $173,207,000 shall be 7 for the Center for Veterinary Medicine and for related 8 field activities in the Office of Regulatory Affairs; (5) 9 $408,918,000 shall be for the Center for Devices and Ra10 diological Health and for related field activities in the Of11 fice of Regulatory Affairs; (6) $62,494,000 shall be for 12 the National Center for Toxicological Research; (7) 13 $501,476,000 shall be for the Center for Tobacco Prod14 ucts and for related field activities in the Office of Regu15 latory Affairs; (8) not to exceed $178,361,000 shall be for 16 Rent and Related activities, of which $61,922,000 is for 17 White Oak Consolidation, other than the amounts paid to 18 the General Services Administration for rent; (9) not to 19 exceed $219,907,000 shall be for payments to the General 20 Services Administration for rent; and (10) $275,201,000 21 shall be for other activities, including the Office of the 22 Commissioner of Food and Drugs, the Office of Foods and 23 Veterinary Medicine, the Office of Medical and Tobacco 24 Products, the Office of Global and Regulatory Policy, the 25 Office of Operations, the Office of the Chief Scientist, and

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65 1 central services for these offices: Provided further, That 2 not to exceed $25,000 of this amount shall be for official 3 reception and representation expenses, not otherwise pro4 vided for, as determined by the Commissioner: Provided 5 further, That any transfer of funds pursuant to section 6 770(n) of the Federal Food, Drug, and Cosmetic Act (21 7 U.S.C. 379dd(n)) shall only be from amounts made avail8 able under this heading for other activities: Provided fur9 ther, That funds may be transferred from one specified 10 activity to another with the prior approval of the Commit11 tees on Appropriations of both Houses of Congress. 12

In addition, mammography user fees authorized by

13 42 U.S.C. 263b, export certification user fees authorized 14 by 21 U.S.C. 381, and priority review user fees authorized 15 by 21 U.S.C. 360n may be credited to this account, to 16 remain available until expended. 17

BUILDINGS AND FACILITIES

18

For plans, construction, repair, improvement, exten-

19 sion, alteration, and purchase of fixed equipment or facili20 ties of or used by the Food and Drug Administration, 21 where not otherwise provided, $8,788,000, to remain 22 available until expended.

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66 1

INDEPENDENT AGENCIES

2

COMMODITY FUTURES TRADING COMMISSION

3

(INCLUDING TRANSFER OF FUNDS)

4

For necessary expenses to carry out the provisions

5 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in6 cluding the purchase and hire of passenger motor vehicles, 7 and the rental of space (to include multiple year leases) 8 in the District of Columbia and elsewhere, $215,000,000, 9 including not to exceed $3,000 for official reception and 10 representation expenses, and not to exceed $25,000 for the 11 expenses for consultations and meetings hosted by the 12 Commission with foreign governmental and other regu13 latory officials, of which $35,000,000, shall be for the pur14 chase of information technology until September 30, 2015, 15 and of which $1,420,000 shall be for the Office of the 16 Inspector General: Provided, That of the amounts made 17 available for information technology, the Chairman of the 18 Commodity Futures Trading Commission may transfer 19 not to exceed $10,000,000 for salaries and expenses: Pro20 vided further, That any transfer shall be subject to the 21 notification procedures set forth in section 721 of this Act 22 with respect to a reprogramming of funds and shall not 23 be available for obligation or expenditure except in compli24 ance with such procedures.

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67 1

FARM CREDIT ADMINISTRATION

2

LIMITATION ON ADMINISTRATIVE EXPENSES

3

Not to exceed $62,600,000 (from assessments col-

4 lected from farm credit institutions, including the Federal 5 Agricultural Mortgage Corporation) shall be obligated 6 during the current fiscal year for administrative expenses 7 as authorized under 12 U.S.C. 2249: Provided, That this 8 limitation shall not apply to expenses associated with re9 ceiverships: Provided further, That the agency may exceed 10 this limitation by up to 10 percent with notification to the 11 Committees on Appropriations of both Houses of Con12 gress: Provided further, That no funds available to the 13 Farm Credit Administration shall be used to implement 14 or enforce those portions of the final regulation published 15 in the Federal Register on October 3, 2012, (77 Fed. Reg. 16 60, 582–602), establishing a requirement that Farm Cred17 it System institutions hold an advisory vote on officer com18 pensation.

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68 1

TITLE VII

2

GENERAL PROVISIONS

3

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

4

SEC. 701. Within the unit limit of cost fixed by law,

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 7 Act shall be available for the purchase, in addition to those 8 specifically provided for, of not to exceed 69 passenger 9 motor vehicles of which 69 shall be for replacement only, 10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger 12 vehicles shall be for those determined by the Secretary to 13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and 15 public safety. 16

SEC. 702. Notwithstanding any other provision of

17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this 19 Act or any other available unobligated discretionary bal20 ances that are remaining available of the Department of 21 Agriculture to the Working Capital Fund for the acquisi22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the 25 Department of Agriculture, such transferred funds to re-

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69 1 main available until expended: Provided, That none of the 2 funds made available by this Act or any other Act shall 3 be transferred to the Working Capital Fund without the 4 prior approval of the agency administrator: Provided fur5 ther, That none of the funds transferred to the Working 6 Capital Fund pursuant to this section shall be available 7 for obligation without written notification to and the prior 8 approval of the Committees on Appropriations of both 9 Houses of Congress: Provided further, That none of the 10 funds appropriated by this Act or made available to the 11 Department’s Working Capital Fund shall be available for 12 obligation or expenditure to make any changes to the De13 partment’s National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by 16 section 721 of this Act: Provided further, That of annual 17 income amounts in the Working Capital Fund of the De18 partment of Agriculture allocated for the National Fi19 nance Center, the Secretary may reserve not more than 20 4 percent for the replacement or acquisition of capital 21 equipment, including equipment for the improvement and 22 implementation of a financial management plan, informa23 tion technology, and other systems of the National Fi24 nance Center or to pay any unforeseen, extraordinary cost 25 of the National Finance Center: Provided further, That

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70 1 none of the amounts reserved shall be available for obliga2 tion unless the Secretary submits written notification of 3 the obligation to the Committees on Appropriations of the 4 House of Representatives and the Senate: Provided fur5 ther, That the limitation on the obligation of funds pend6 ing notification to Congressional Committees shall not 7 apply to any obligation that, as determined by the Sec8 retary, is necessary to respond to a declared state of emer9 gency that significantly impacts the operations of the Na10 tional Finance Center; or to evacuate employees of the Na11 tional Finance Center to a safe haven to continue oper12 ations of the National Finance Center. 13

SEC. 703. No part of any appropriation contained in

14 this Act shall remain available for obligation beyond the 15 current fiscal year unless expressly so provided herein. 16

SEC. 704. No funds appropriated by this Act may be

17 used to pay negotiated indirect cost rates on cooperative 18 agreements or similar arrangements between the United 19 States Department of Agriculture and nonprofit institu20 tions in excess of 10 percent of the total direct cost of 21 the agreement when the purpose of such cooperative ar22 rangements is to carry out programs of mutual interest 23 between the two parties. This does not preclude appro24 priate payment of indirect costs on grants and contracts 25 with such institutions when such indirect costs are com-

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71 1 puted on a similar basis for all agencies for which appro2 priations are provided in this Act. 3

SEC. 705. Appropriations to the Department of Agri-

4 culture for the cost of direct and guaranteed loans made 5 available in the current fiscal year shall remain available 6 until expended to disburse obligations made in the current 7 fiscal year for the following accounts: the Rural Develop8 ment Loan Fund program account, the Rural Electrifica9 tion and Telecommunication Loans program account, and 10 the Rural Housing Insurance Fund program account. 11

SEC. 706. None of the funds made available to the

12 Department of Agriculture by this Act may be used to ac13 quire new information technology systems or significant 14 upgrades, as determined by the Office of the Chief Infor15 mation Officer, without the approval of the Chief Informa16 tion Officer and the concurrence of the Executive Informa17 tion Technology Investment Review Board: Provided, That 18 notwithstanding any other provision of law, none of the 19 funds appropriated or otherwise made available by this 20 Act may be transferred to the Office of the Chief Informa21 tion Officer without written notification to and the prior 22 approval of the Committees on Appropriations of both 23 Houses of Congress: Provided further, That none of the 24 funds available to the Department of Agriculture for infor25 mation technology shall be obligated for projects over

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72 1 $25,000 prior to receipt of written approval by the Chief 2 Information Officer. 3

SEC. 707. Funds made available under section 1240I

4 and section 1241(a) of the Food Security Act of 1985 and 5 section 524(b) of the Federal Crop Insurance Act (7 6 U.S.C. 1524(b)) in the current fiscal year shall remain 7 available until expended to disburse obligations made in 8 the current fiscal year. 9

SEC. 708. Notwithstanding any other provision of

10 law, any former RUS borrower that has repaid or prepaid 11 an insured, direct or guaranteed loan under the Rural 12 Electrification Act of 1936, or any not-for-profit utility 13 that is eligible to receive an insured or direct loan under 14 such Act, shall be eligible for assistance under section 15 313(b)(2)(B) of such Act in the same manner as a bor16 rower under such Act. 17

SEC. 709. Notwithstanding any other provision of

18 law, for the purposes of a grant under section 412 of the 19 Agricultural Research, Extension, and Education Reform 20 Act of 1998, none of the funds in this or any other Act 21 may be used to prohibit the provision of in-kind support 22 from non-Federal sources under section 412(e)(3) of such 23 Act in the form of unrecovered indirect costs not otherwise 24 charged against the grant, consistent with the indirect 25 rate of cost approved for a recipient.

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73 1

SEC. 710. Except as otherwise specifically provided

2 by law, unobligated balances from appropriations made 3 available for salaries and expenses in this Act for the 4 Farm Service Agency and the Rural Development mission 5 area, shall remain available through September 30, 2015, 6 for information technology expenses. 7

SEC. 711. The Secretary of Agriculture may author-

8 ize a State agency to use funds provided in this Act to 9 exceed the maximum amount of liquid infant formula 10 specified in 7 CFR 246.10 when issuing liquid infant for11 mula to participants. 12

SEC. 712. None of the funds appropriated or other-

13 wise made available by this Act may be used for first-class 14 travel by the employees of agencies funded by this Act in 15 contravention of sections 301–10.122 through 301–10.124 16 of title 41, Code of Federal Regulations. 17

SEC. 713. In the case of each program established

18 or amended by the Food, Conservation, and Energy Act 19 of 2008 (Public Law 110–246), other than by title I or 20 subtitle A of title III of such Act, or programs for which 21 indefinite amounts were provided in that Act, that is au22 thorized or required to be carried out using funds of the 23 Commodity Credit Corporation— 24

(1) such funds shall be available for salaries

25

and related administrative expenses, including tech-

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74 1

nical assistance, associated with the implementation

2

of the program, without regard to the limitation on

3

the total amount of allotments and fund transfers

4

contained in section 11 of the Commodity Credit

5

Corporation Charter Act (15 U.S.C. 714i); and

6

(2) the use of such funds for such purpose shall

7

not be considered to be a fund transfer or allotment

8

for purposes of applying the limitation on the total

9

amount of allotments and fund transfers contained

10

in such section.

11

SEC. 714. None of the funds made available in fiscal

12 year 2014 or preceding fiscal years for programs author13 ized under the Food for Peace Act (7 U.S.C. 1691 et seq.) 14 in excess of $20,000,000 shall be used to reimburse the 15 Commodity Credit Corporation for the release of eligible 16 commodities under section 302(f)(2)(A) of the Bill Emer17 son Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro18 vided, That any such funds made available to reimburse 19 the Commodity Credit Corporation shall only be used pur20 suant to section 302(b)(2)(B)(i) of the Bill Emerson Hu21 manitarian Trust Act. 22

SEC. 715. Of the funds made available by this Act,

23 not more than $1,800,000 shall be used to cover necessary 24 expenses of activities related to all advisory committees, 25 panels, commissions, and task forces of the Department

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75 1 of Agriculture, except for panels used to comply with nego2 tiated rule makings and panels used to evaluate competi3 tively awarded grants. 4

SEC. 716. None of the funds in this Act shall be avail-

5 able to pay indirect costs charged against any agricultural 6 research, education, or extension grant awards issued by 7 the National Institute of Food and Agriculture that exceed 8 30 percent of total Federal funds provided under each 9 award: Provided, That notwithstanding section 1462 of 10 the National Agricultural Research, Extension, and 11 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro12 vided by this Act for grants awarded competitively by the 13 National Institute of Food and Agriculture shall be avail14 able to pay full allowable indirect costs for each grant 15 awarded under section 9 of the Small Business Act (15 16 U.S.C. 638). 17

SEC. 717. Section 16(h)(1)(A) of the Food and Nu-

18 trition Act of 2008 (7 U.S.C. 2025(h)(1)(A)), is amended 19 by inserting ‘‘and fiscal year 2014’’ after ‘‘2013’’. 20

SEC. 718. None of the funds appropriated or other-

21 wise made available by this or any other Act shall be used 22 to pay the salaries and expenses of personnel to carry out 23 the following: 24

(1) The Watershed Rehabilitation program au-

25

thorized by section 14(h)(1) of the Watershed Pro-

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76 1

tection and Flood Prevention Act (16 U.S.C.

2

1012(h)(1)); and

3

(2) The Environmental Quality Incentives Pro-

4

gram as authorized by sections 1240–1240H of the

5

Food Security Act of 1985 (16 U.S.C. 3839aa–

6

3839aa–8) in excess of $1,350,000,000.

7

SEC. 719. None of the funds appropriated or other-

8 wise made available by this or any other Act shall be used 9 to pay the salaries and expenses of personnel to carry out 10 a program under subsection (b)(2)(A)(vi) of section 14222 11 of Public Law 110–246 in excess of $878,297,000, as fol12 lows: Child Nutrition Programs Entitlement Commod13 ities—$465,000,000; 14 $5,000,000;

State

Removal

of

Option Defective

Contracts— Commodities—

15 $2,500,000: Provided, That none of the funds made avail16 able in this Act or any other Act shall be used for salaries 17 and expenses to carry out in this fiscal year section 18 19(i)(1)(E) of the Richard B. Russell National School 19 Lunch Act, as amended, except in an amount that ex20 cludes the transfer of $119,000,000 of the funds to be 21 transferred under subsection (c) of section 14222 of Pub22 lic Law 110–246, until October 1, 2014: Provided further, 23 That $119,000,000 made available on October 1, 2014, 24 to carry out section 19(i)(1)(E) of the Richard B. Russell 25 National School Lunch Act, as amended, shall be excluded

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77 1 from the limitation described in subsection (b)(2)(A)(vii) 2 of section 14222 of Public Law 110–246: Provided further, 3 That none of the funds appropriated or otherwise made 4 available by this or any other Act shall be used to pay 5 the salaries or expenses of any employee of the Depart6 ment of Agriculture or officer of the Commodity Credit 7 Corporation to carry out clause 3 of section 32 of the Agri8 cultural Adjustment Act of 1935 (Public Law 74–320, 7 9 U.S.C. 612c, as amended), or for any surplus removal ac10 tivities or price support activities under section 5 of the 11 Commodity Credit Corporation Charter Act: Provided fur12 ther, That of the available unobligated balances under 13 (b)(2)(A)(vi) of section 14222 of Public Law 110–246, 14 $189,000,000 are hereby rescinded. 15

SEC. 720. None of the funds appropriated by this or

16 any other Act shall be used to pay the salaries and ex17 penses of personnel who prepare or submit appropriations 18 language as part of the President’s budget submission to 19 the Congress of the United States for programs under the 20 jurisdiction of the Appropriations Subcommittees on Agri21 culture, Rural Development, Food and Drug Administra22 tion, and Related Agencies that assumes revenues or re23 flects a reduction from the previous year due to user fees 24 proposals that have not been enacted into law prior to the 25 submission of the budget unless such budget submission

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78 1 identifies which additional spending reductions should 2 occur in the event the user fees proposals are not enacted 3 prior to the date of the convening of a committee of con4 ference for the fiscal year 2015 appropriations Act. 5

SEC. 721. (a) None of the funds provided by this Act,

6 or provided by previous Appropriations Acts to the agen7 cies funded by this Act that remain available for obligation 8 or expenditure in the current fiscal year, or provided from 9 any accounts in the Treasury of the United States derived 10 by the collection of fees available to the agencies funded 11 by this Act, shall be available for obligation or expenditure 12 through a reprogramming, transfer of funds, or reim13 bursements as authorized by the Economy Act, or in the 14 case of the Department of Agriculture, through use of the 15 authority provided by section 702(b) of the Department 16 of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 17 section 8 of Public Law 89–106 (7 U.S.C. 2263), that— 18

(1) creates new programs;

19

(2) eliminates a program, project, or activity;

20

(3) increases funds or personnel by any means

21

for any project or activity for which funds have been

22

denied or restricted;

23

(4) relocates an office or employees;

24

(5) reorganizes offices, programs, or activities;

25

or

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79 1

(6) contracts out or privatizes any functions or

2

activities presently performed by Federal employees;

3 unless the Secretary of Agriculture, the Secretary of 4 Health and Human Services, or the Chairman of the Com5 modity Futures Trading Commission (as the case may be) 6 notifies, in writing, the Committees on Appropriations of 7 both Houses of Congress at least 30 days in advance of 8 the reprogramming of such funds or the use of such au9 thority. 10

(b) None of the funds provided by this Act, or pro-

11 vided by previous Appropriations Acts to the agencies 12 funded by this Act that remain available for obligation or 13 expenditure in the current fiscal year, or provided from 14 any accounts in the Treasury of the United States derived 15 by the collection of fees available to the agencies funded 16 by this Act, shall be available for obligation or expenditure 17 for activities, programs, or projects through a reprogram18 ming or use of the authorities referred to in subsection 19 (a) involving funds in excess of $500,000 or 10 percent, 20 whichever is less, that— 21

(1) augments existing programs, projects, or ac-

22

tivities;

23

(2) reduces by 10 percent funding for any exist-

24

ing program, project, or activity, or numbers of per-

25

sonnel by 10 percent as approved by Congress; or

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80 1

(3) results from any general savings from a re-

2

duction in personnel which would result in a change

3

in existing programs, activities, or projects as ap-

4

proved by Congress; unless the Secretary of Agri-

5

culture, the Secretary of Health and Human Serv-

6

ices, or the Chairman of the Commodity Futures

7

Trading Commission (as the case may be) notifies,

8

in writing, the Committees on Appropriations of

9

both Houses of Congress at least 30 days in advance

10

of the reprogramming or transfer of such funds or

11

the use of such authority.

12

(c) The Secretary of Agriculture, the Secretary of

13 Health and Human Services, or the Chairman of the Com14 modity Futures Trading Commission shall notify in writ15 ing the Committees on Appropriations of both Houses of 16 Congress before implementing any program or activity not 17 carried out during the previous fiscal year unless the pro18 gram or activity is funded by this Act or specifically fund19 ed by any other Act. 20

(d) As described in this section, no funds may be used

21 for any activities unless the Secretary of Agriculture, the 22 Secretary of Health and Human Services or the Chairman 23 of the Commodity Futures Trading Commission receives 24 from the Committee on Appropriations of both Houses of

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81 1 Congress written or electronic mail confirmation of receipt 2 of the notification as required in this section. 3

SEC. 722. Notwithstanding section 310B(g)(5) of the

4 Consolidated Farm and Rural Development Act (7 U.S.C. 5 1932(g)(5)), the Secretary may assess a one-time fee for 6 any guaranteed business and industry loan in an amount 7 that does not exceed 3 percent of the guaranteed principal 8 portion of the loan. 9

SEC. 723. None of the funds appropriated or other-

10 wise made available to the Department of Agriculture, the 11 Food and Drug Administration, the Commodity Futures 12 Trading Commission, or the Farm Credit Administration 13 shall be used to transmit or otherwise make available to 14 any non-Department of Agriculture, non-Department of 15 Health and Human Services, non-Commodity Futures 16 Trading Commission, or non-Farm Credit Administration 17 employee questions or responses to questions that are a 18 result of information requested for the appropriations 19 hearing process. 20

SEC. 724. Unless otherwise authorized by existing

21 law, none of the funds provided in this Act, may be used 22 by an executive branch agency to produce any pre23 packaged news story intended for broadcast or distribution 24 in the United States unless the story includes a clear noti25 fication within the text or audio of the prepackaged news

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82 1 story that the prepackaged news story was prepared or 2 funded by that executive branch agency. 3

SEC. 725. No employee of the Department of Agri-

4 culture may be detailed or assigned from an agency or 5 office funded by this Act or any other Act to any other 6 agency or office of the Department for more than 30 days 7 unless the individual’s employing agency or office is fully 8 reimbursed by the receiving agency or office for the salary 9 and expenses of the employee for the period of assignment. 10

SEC. 726. None of the funds made available by this

11 Act may be used to pay the salaries and expenses of per12 sonnel who provide nonrecourse marketing assistance 13 loans for mohair under section 1201 of the Food, Con14 servation, and Energy Act of 2008 (7 U.S.C. 8731). 15

SEC. 727. Of the unobligated balances in the Natural

16 Resources Conservation Service, Resource Conservation 17 and Development Account, $2,017,000 are hereby perma18 nently cancelled: Provided, That no amounts may be can19 celled from amounts that were designated by the Congress 20 as an emergency requirement pursuant to the Concurrent 21 Resolution on the Budget or the Balanced Budget and 22 Emergency Deficit Control Act of 1985, as amended. 23

SEC. 728. There is hereby appropriated $1,996,000

24 to carry out section 1621 of Public Law 110–246.

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83 1

SEC. 729. There is hereby appropriated $600,000 for

2 the purposes of section 727 of division A of Public Law 3 112–55. 4

SEC. 730. Not later than 30 days after the date of

5 enactment of this Act, the Secretary of Agriculture, the 6 Commissioner of the Food and Drug Administration, and 7 the Chairman of the Farm Credit Administration shall 8 submit to the Committees on Appropriations of the House 9 of Representatives and the Senate a detailed spending 10 plan by program, project, and activity for the funds made 11 available under this Act. 12

SEC. 731. Of the unobligated balances available to

13 the Department of Agriculture under the account ‘‘Agri14 culture Buildings and Facilities and Rental Payments’’, 15 $30,000,000 are rescinded: Provided, That no amount 16 may be rescinded from funds made available for payments 17 to the General Services Administration for rent and funds 18 made available for payments to the Department of Home19 land Security for building security activities. 20

SEC. 732. Funds made available under title II of the

21 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 22 used to provide assistance to recipient nations if adequate 23 monitoring and controls, as determined by the Adminis24 trator of the U.S. Agency for International Development, 25 are in place to ensure that emergency food aid is received

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84 1 by the intended beneficiaries in areas affected by food 2 shortages and not diverted for unauthorized or inappro3 priate purposes. 4

SEC. 733. Of the unobligated balance of funds avail-

5 able to the Department of Agriculture for the cost of sec6 tion 502 single family housing guaranteed loans for fiscal 7 years 2007 through 2010 under the heading ‘‘Rural De8 velopment Programs—Rural Housing Service—Rural 9 Housing Insurance Fund Program Account’’ in prior ap10 propriations Acts, $1,314,000 is rescinded. 11

SEC. 734. Of the unobligated balances provided pur-

12 suant to section 9005(g)(1) of the Farm Security and 13 Rural Investment Act of 2002 (7 U.S.C. 8105(g)(1)), 14 $8,000,000 are hereby rescinded. 15

SEC. 735. The Secretary shall expand the pilot pro-

16 gram currently in effect for packaging section 502 single 17 family direct loans and not later than 90 days after enact18 ment of this Act enter into Memorandums of Under19 standing with not less than 5 qualified intermediary orga20 nizations to work in coordination with the Secretary to 21 increase the effectiveness of the section 502 single family 22 direct loan program in States and communities currently 23 not served under the existing pilot program. 24

SEC. 736. None of the funds appropriated or other-

25 wise made available by this or any other Act shall be used

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85 1 to pay the salaries and expenses of personnel to carry out 2 section 307(b) of division C of the Omnibus Consolidated 3 and Emergency Supplemental Appropriations Act, 1999 4 (Public Law 105–277; 112 Stat. 2681–640) in excess of 5 $4,000,000. 6

SEC. 737. None of the funds made available by this

7 Act may be used to reclassify any area eligible for rural 8 housing programs of the Rural Housing Service on Sep9 tember 30, 2013 as not eligible for such programs. 10

SEC. 738. Funds received by the Secretary of Agri-

11 culture in the global settlement of any Federal litigation 12 concerning Federal mortgage loans during fiscal year 13 2012 may be obligated and expended, in addition to any 14 other available funds, by the Rural Housing Service to pay 15 for costs associated with servicing single family housing 16 loans guaranteed by the Rural Housing Service and such 17 funds shall remain available until expended. 18

SEC. 739. In addition to amounts otherwise made

19 available by this Act and notwithstanding the last sentence 20 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 21 remain available until expended, to implement non-renew22 able agreements on eligible lands, including flooded agri23 cultural lands, as determined by the Secretary, under the 24 Water Bank Act (16 U.S.C. 1301–1311).

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86 1

SEC. 740. (a) DESIGNATION.—The Federal building

2 located at 64 Nowelo Street, Hilo, Hawaii, shall be known 3 and designated as the ‘‘Daniel K. Inouye United States 4 Pacific Basin Agricultural Research Center’’. 5

(b) REFERENCES.—Any reference in a law, map, reg-

6 ulation, document, paper, or other record of the United 7 States to the Federal building referred to in subsection 8 (a) shall be deemed to be a reference to the ‘‘Daniel K. 9 Inouye United States Pacific Basin Agricultural Research 10 Center’’. 11

SEC. 741. Of the unobligated balances provided pur-

12 suant to section 9003(h)(1) of the Farm Security and 13 Rural Investment Act of 2002 (7 U.S.C. 8103(h)(1)), 14 $40,694,000 are hereby rescinded. 15

SEC. 742. For loans and loan guarantees that do not

16 require budget authority and the program level has been 17 established in this Act, the Secretary of Agriculture may 18 increase the program level for such loans and loan guaran19 tees by not more than 25 percent: Provided, That prior 20 to the Secretary implementing such an increase, the Sec21 retary notifies, in writing, the Committees on Appropria22 tions of both Houses of Congress at least 15 days in ad23 vance. 24

SEC. 743. (a)(1) There is hereby appropriated

25 $1,000,000 to conduct an assessment of the existing (as

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87 1 of the date of the enactment of this Act) and prospective 2 scope of domestic hunger and food insecurity in accord3 ance with this section. 4

(2) The Secretary of Agriculture shall select, through

5 a competitive process, and enter into an agreement with 6 an independent, private-sector entity that is an organiza7 tion described in section 501(c)(3) of the Internal Revenue 8 Code of 1986 and exempt from tax under section 501(a) 9 of such Code, that has recognized credentials and exper10 tise in domestic hunger affairs to— 11

(A) conduct the assessment required under sub-

12

section (a); and

13

(B) provide technical expertise to the National

14

Commission on Hunger established under subsection

15

(b).

16

(3) Not later than 180 days after the date of the en-

17 actment of this Act, the entity selected in accordance with 18 paragraph (2) shall submit to the President and Congress 19 and make publicly available a report containing the assess20 ment required under this subsection and any policy rec21 ommendations that such entity considers appropriate. 22

(b)(1) There is established a commission to be known

23 as the ‘‘National Commission on Hunger’’ (in this section 24 referred to as the ‘‘Commission’’). 25

(2) The Commission shall—

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88 1

(A) provide policy recommendations to Congress

2

and the Secretary to more effectively use existing (as

3

of the date of the enactment of this Act) programs

4

and funds of the Department of Agriculture to com-

5

bat domestic hunger and food insecurity; and

6

(B) develop innovative recommendations to en-

7

courage public-private partnerships, faith-based sec-

8

tor engagement, and community initiatives to reduce

9

the need for government nutrition assistance pro-

10

grams, while protecting the safety net for the most

11

vulnerable members of society.

12

(3) The Commission shall be composed of 10 mem-

13 bers, of whom— 14

(A) 3 members shall be appointed by the

15

Speaker of the House of Representatives;

16

(B) 2 members shall be appointed by the minor-

17

ity leader of the House of Representatives;

18

(C) 3 members shall be appointed by the major-

19

ity leader of the Senate; and

20

(D) 2 members shall be appointed by the mi-

21

nority leader of the Senate.

22

SEC. 744. None of the funds made available by this

23 or any other Act may be used to write, prepare, or publish 24 a final rule or an interim final rule in furtherance of, or 25 otherwise to implement, ‘‘Implementation of Regulations

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89 1 Required Under Title XI, of the Food, Conservation and 2 Energy Act of 2008; Conduct in Violation of the Act’’ (75 3 Fed. Reg. 35338 (June 22, 2010)) unless the combined 4 annual cost to the economy of such rules does not exceed 5 $100,000,000: Provided, That none of the funds made 6 available by this or any other Act may be used to publish 7 a final or interim final rule in furtherance of, or to other8 wise implement, proposed sections 201.2(l), 201.2(t), 9 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 10 201.214 of ‘‘Implementation of Regulations Required 11 Under Title XI of the Food, Conservation and Energy Act 12 of 2008; Conduct in Violation of the Act’’ (75 Fed. Reg. 13 35338 (June 22, 2010)). 14

SEC. 745. None of the funds made available in this

15 Act may be used to pay the salaries or expenses of per16 sonnel to— 17

(1) inspect horses under section 3 of the Fed-

18

eral Meat Inspection Act (21 U.S.C. 603);

19

(2) inspect horses under section 903 of the

20

Federal Agriculture Improvement and Reform Act of

21

1996 (7 U.S.C. 1901 note; Public Law 104–127); or

22

(3) implement or enforce section 352.19 of title

23

9, Code of Federal Regulations.

24

SEC. 746. The Secretary shall set aside for Rural

25 Economic Area Partnership (REAP) Zones an amount of

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90 1 funds made available in title III under the headings of 2 Rural Housing Insurance Fund Program Account, Mutual 3 and Self-Help Housing Grants, Rural Housing Assistance 4 Grants, Rural Community Facilities Program Account, 5 Rural Business Program Account, Rural Development 6 Loan Fund Program Account, and Rural Water and 7 Waste Disposal Program Account equal to the amount ob8 ligated for REAP Zones by the Secretary with respect to 9 funds provided under such headings in the most recent 10 fiscal year any such funds were obligated under such head11 ings for REAP Zones and such set-asides shall remain in 12 effect until August 15, 2014. 13

SEC. 747. Fees deposited under the heading ‘‘Depart-

14 ment of Health and Human Services—Food and Drug Ad15 ministration—Salaries and Expenses’’ in fiscal year 2013 16 and sequestered pursuant to section 251A of the Balanced 17 Budget and Emergency Deficit Control Act, as amended 18 (2 U.S.C. 901a) shall be available until expended for the 19 same purpose for which those funds were originally appro20 priated. 21

SEC. 748. For an additional amount for ‘‘Animal and

22 Plant Health Inspection Service, Salaries and Expenses’’, 23 $20,000,000, to remain available until September 30, 24 2015, for one-time control and management and associ-

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91 1 ated activities directly related to the multiple-agency re2 sponse to citrus greening. 3

SEC. 749. None of the credit card refunds or rebates

4 transferred to the Working Capital Fund pursuant to sec5 tion 729 of the Agriculture, Rural Development, Food and 6 Drug Administration, and Related Agencies Appropria7 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 8 shall be available for obligation without written notifica9 tion to, and the prior approval of, the Committees on Ap10 propriations of both Houses of Congress: Provided, That 11 the refunds or rebates so transferred shall be available for 12 obligation only for the acquisition of plant and capital 13 equipment necessary for the delivery of financial, adminis14 trative, and information technology services of primary 15 benefit to the agencies of the Department of Agriculture. 16

SEC. 750. (a) Section 1240B(a) of the Food Security

17 Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by strik18 ing ‘‘2014’’ and inserting ‘‘2015’’. 19

(b) Section 1241(a) of the Food Security Act of 1985

20 (16 U.S.C. 3841(a)) is amended— 21

(1) in the matter preceding paragraph (1), by

22

striking ‘‘(6), and (7)),’’ and inserting ‘‘and (7) and

23

each of fiscal years 2014 and 2015 in the case of

24

the program specified in paragraph (6)),’’; and

25

(2) in paragraph (6)—

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92 1

(A) in subparagraph (D), by striking

2

‘‘and’’ after the semicolon at the end;

3

(B) in subparagraph (E), by striking the

4

period at the end and inserting ‘‘; and’’; and

5

(C) by adding at the end the following:

6

‘‘(F) $1,622,000,000 in fiscal year 2015.’’.

7

This division may be cited as the ‘‘Agriculture, Rural

8 Development, Food and Drug Administration, and Re9 lated Agencies Appropriations Act, 2014’’.

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93 1 DIVISION

B—COMMERCE,

2

SCIENCE,

AND

RELATED

3

APPROPRIATIONS ACT, 2014

JUSTICE, AGENCIES

4

TITLE I

5

DEPARTMENT OF COMMERCE

6

INTERNATIONAL TRADE ADMINISTRATION

7

OPERATIONS AND ADMINISTRATION

8

For necessary expenses for international trade activi-

9 ties of the Department of Commerce provided for by law, 10 and for engaging in trade promotional activities abroad, 11 including expenses of grants and cooperative agreements 12 for the purpose of promoting exports of United States 13 firms, without regard to sections 3702 and 3703 of title 14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed 16 overseas and employees temporarily posted overseas; travel 17 and transportation of employees of the International 18 Trade Administration between two points abroad, without 19 regard to section 40118 of title 49, United States Code; 20 employment of citizens of the United States and aliens by 21 contract for services; rental of space abroad for periods 22 not exceeding 10 years, and expenses of alteration, repair, 23 or improvement; purchase or construction of temporary 24 demountable exhibition structures for use abroad; pay25 ment of tort claims, in the manner authorized in the first

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94 1 paragraph of section 2672 of title 28, United States Code, 2 when such claims arise in foreign countries; not to exceed 3 $294,300 for official representation expenses abroad; pur4 chase of passenger motor vehicles for official use abroad, 5 not to exceed $45,000 per vehicle; obtaining insurance on 6 official

motor

vehicles;

and

rental

of

tie

lines,

7 $470,000,000, to remain available until September 30, 8 2015, of which $9,439,000 is to be derived from fees to 9 be retained and used by the International Trade Adminis10 tration, notwithstanding section 3302 of title 31, United 11 States Code: Provided, That, of amounts provided under 12 this heading, not less than $16,400,000 shall be for China 13 antidumping and countervailing duty enforcement and 14 compliance activities: Provided further, That the provisions 15 of the first sentence of section 105(f) and all of section 16 108(c) of the Mutual Educational and Cultural Exchange 17 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 18 in carrying out these activities; and that for the purpose 19 of this Act, contributions under the provisions of the Mu20 tual Educational and Cultural Exchange Act of 1961 shall 21 include payment for assessments for services provided as 22 part of these activities.

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95 1

BUREAU

2

OF INDUSTRY AND

SECURITY

OPERATIONS AND ADMINISTRATION

3

For necessary expenses for export administration and

4 national security activities of the Department of Com5 merce, including costs associated with the performance of 6 export administration field activities both domestically and 7 abroad; full medical coverage for dependent members of 8 immediate families of employees stationed overseas; em9 ployment of citizens of the United States and aliens by 10 contract for services abroad; payment of tort claims, in 11 the manner authorized in the first paragraph of section 12 2672 of title 28, United States Code, when such claims 13 arise in foreign countries; not to exceed $13,500 for offi14 cial representation expenses abroad; awards of compensa15 tion to informers under the Export Administration Act of 16 1979, and as authorized by section 1(b) of the Act of June 17 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law, $101,450,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

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96 1 apply in carrying out these activities: Provided further, 2 That payments and contributions collected and accepted 3 for materials or services provided as part of such activities 4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security 7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments. 10

ECONOMIC DEVELOPMENT ADMINISTRATION

11

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12

For grants for economic development assistance as

13 provided by the Public Works and Economic Development 14 Act of 1965, for trade adjustment assistance, for the cost 15 of loan guarantees authorized by section 26 of the Steven16 son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 17 3721), and for grants, and for the cost of loan guarantees 18 and grants authorized by section 27 (15 U.S.C. 3722) of 19 such Act, $209,500,000, to remain available until ex20 pended; of which $5,000,000 shall be for projects to facili21 tate the relocation, to the United States, of a source of 22 employment located outside the United States; of which 23 $5,000,000 shall be for loan guarantees under such sec24 tion 26; and of which $10,000,000 shall be for loan guar25 antees and grants under such section 27: Provided, That

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97 1 the costs for loan guarantees, including the cost of modi2 fying such loans, shall be as defined in section 502 of the 3 Congressional Budget Act of 1974: Provided further, That 4 these funds for loan guarantees under such sections 26 5 and 27 are available to subsidize total loan principal, any 6 part of which is to be guaranteed, not to exceed 7 $70,000,000: Provided further, That, notwithstanding 8 paragraph (7) of section 27(d) of the Stevenson-Wydler 9 Technology

Innovation

Act

of

1980

(15

U.S.C.

10 3722(d)(7)), amounts made available in prior appropria11 tions Acts for guaranteeing loans for science park infra12 structure under such section shall be available to the Sec13 retary of Commerce to guarantee such loans after Sep14 tember 30, 2013. 15

SALARIES AND EXPENSES

16

For necessary expenses of administering the eco-

17 nomic development assistance programs as provided for by 18 law, $37,000,000: Provided, That these funds may be used 19 to monitor projects approved pursuant to title I of the 20 Public Works Employment Act of 1976, title II of the 21 Trade Act of 1974, and the Community Emergency 22 Drought Relief Act of 1977.

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98 1

MINORITY BUSINESS DEVELOPMENT AGENCY

2

MINORITY BUSINESS DEVELOPMENT

3

For necessary expenses of the Department of Com-

4 merce in fostering, promoting, and developing minority 5 business enterprise, including expenses of grants, con6 tracts, and other agreements with public or private organi7 zations, $28,000,000. 8

ECONOMIC

9

AND

STATISTICAL ANALYSIS

SALARIES AND EXPENSES

10

For necessary expenses, as authorized by law, of eco-

11 nomic and statistical analysis programs of the Department 12 of Commerce, $99,000,000, to remain available until Sep13 tember 30, 2015. 14

BUREAU

15

SALARIES AND EXPENSES

16

OF THE

CENSUS

For necessary expenses for collecting, compiling, ana-

17 lyzing, preparing and publishing statistics, provided for by 18 law, $252,000,000: Provided, That, from amounts pro19 vided herein, funds may be used for promotion, outreach, 20 and marketing activities. 21

PERIODIC CENSUSES AND PROGRAMS

22

For necessary expenses for collecting, compiling, ana-

23 lyzing, preparing and publishing statistics for periodic cen24 suses and programs provided for by law, $693,000,000, 25 to remain available until September 30, 2015: Provided,

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99 1 That, from amounts provided herein, funds may be used 2 for promotion, outreach, and marketing activities: Pro3 vided further, That within the amounts appropriated, 4 $1,000,000 shall be transferred to the ‘‘Office of Inspector 5 General’’ account for activities associated with carrying 6 out investigations and audits related to the Bureau of the 7 Census. 8

NATIONAL TELECOMMUNICATIONS

9

AND INFORMATION

ADMINISTRATION

10

SALARIES AND EXPENSES

11

For necessary expenses, as provided for by law, of

12 the National Telecommunications and Information Ad13 ministration (NTIA), $46,000,000, to remain available 14 until September 30, 2015: Provided, That, notwith15 standing 31 U.S.C. 1535(d), the Secretary of Commerce 16 shall charge Federal agencies for costs incurred in spec17 trum management, analysis, operations, and related serv18 ices, and such fees shall be retained and used as offsetting 19 collections for costs of such spectrum services, to remain 20 available until expended: Provided further, That the Sec21 retary of Commerce is authorized to retain and use as off22 setting collections all funds transferred, or previously 23 transferred, from other Government agencies for all costs 24 incurred in telecommunications research, engineering, and 25 related activities by the Institute for Telecommunication

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100 1 Sciences of NTIA, in furtherance of its assigned functions 2 under this paragraph, and such funds received from other 3 Government agencies shall remain available until ex4 pended. 5

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

6

AND CONSTRUCTION

7

For the administration of prior-year grants, recov-

8 eries and unobligated balances of funds previously appro9 priated are available for the administration of all open 10 grants until their expiration. 11

UNITED STATES PATENT

AND

TRADEMARK OFFICE

12

SALARIES AND EXPENSES

13

(INCLUDING TRANSFERS OF FUNDS)

14

For necessary expenses of the United States Patent

15 and Trademark Office (USPTO) provided for by law, in16 cluding defense of suits instituted against the Under Sec17 retary of Commerce for Intellectual Property and Director 18 of the USPTO, $3,024,000,000, to remain available until 19 expended: Provided, That the sum herein appropriated 20 from the general fund shall be reduced as offsetting collec21 tions of fees and surcharges assessed and collected by the 22 USPTO under any law are received during fiscal year 23 2014, so as to result in a fiscal year 2014 appropriation 24 from the general fund estimated at $0: Provided further, 25 That during fiscal year 2014, should the total amount of

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101 1 such offsetting collections be less than $3,024,000,000 2 this amount shall be reduced accordingly: Provided fur3 ther,

That

any

amount

received

in

excess

of

4 $3,024,000,000 in fiscal year 2014 and deposited in the 5 Patent and Trademark Fee Reserve Fund shall remain 6 available until expended: Provided further, That the Direc7 tor of USPTO shall submit a spending plan to the Com8 mittees on Appropriations of the House of Representatives 9 and the Senate for any amounts made available by the 10 preceding proviso and such spending plan shall be treated 11 as a reprogramming under section 505 of this Act and 12 shall not be available for obligation or expenditure except 13 in compliance with the procedures set forth in that section: 14 Provided further, That any amounts reprogrammed in ac15 cordance with the preceding proviso shall be transferred 16 to the United States Patent and Trademark Office Sala17 ries and Expenses account: Provided further, That from 18 amounts provided herein, not to exceed $900 shall be 19 made available in fiscal year 2014 for official reception 20 and representation expenses: Provided further, That in fis21 cal year 2014 from the amounts made available for ‘‘Sala22 ries and Expenses’’ for the USPTO, the amounts nec23 essary to pay (1) the difference between the percentage 24 of basic pay contributed by the USPTO and employees 25 under section 8334(a) of title 5, United States Code, and

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102 1 the normal cost percentage (as defined by section 2 8331(17) of that title) as provided by the Office of Per3 sonnel Management (OPM) for USPTO’s specific use, of 4 basic pay, of employees subject to subchapter III of chap5 ter 83 of that title, and (2) the present value of the other6 wise unfunded accruing costs, as determined by OPM for 7 USPTO’s specific use of post-retirement life insurance 8 and post-retirement health benefits coverage for all 9 USPTO employees who are enrolled in Federal Employees 10 Health Benefits (FEHB) and Federal Employees Group 11 Life Insurance (FEGLI), shall be transferred to the Civil 12 Service Retirement and Disability Fund, the FEGLI 13 Fund, and the FEHB Fund, as appropriate, and shall be 14 available for the authorized purposes of those accounts: 15 Provided further, That any differences between the present 16 value factors published in OPM’s yearly 300 series benefit 17 letters and the factors that OPM provides for USPTO’s 18 specific use shall be recognized as an imputed cost on 19 USPTO’s financial statements, where applicable: Provided 20 further, That, notwithstanding any other provision of law, 21 all fees and surcharges assessed and collected by USPTO 22 are available for USPTO only pursuant to section 42(c) 23 of title 35, United States Code, as amended by section 24 22 of the Leahy-Smith America Invents Act (Public Law 25 112–29): Provided further, That within the amounts ap-

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103 1 propriated, $2,000,000 shall be transferred to the ‘‘Office 2 of Inspector General’’ account for activities associated 3 with carrying out investigations and audits related to the 4 USPTO. 5 NATIONAL INSTITUTE 6

OF

STANDARDS

AND

TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

7

For necessary expenses of the National Institute of

8 Standards and Technology (NIST), $651,000,000, to re9 main available until expended, of which not to exceed 10 $9,000,000 may be transferred to the ‘‘Working Capital 11 Fund’’: Provided, That not to exceed $5,000 shall be for 12 official reception and representation expenses: Provided 13 further, That NIST may provide local transportation for 14 summer undergraduate research fellowship program par15 ticipants. 16

INDUSTRIAL TECHNOLOGY SERVICES

17

For necessary expenses for industrial technology

18 services, $143,000,000, to remain available until ex19 pended, of which $128,000,000 shall be for the Hollings 20 Manufacturing Extension Partnership, and of which 21 $15,000,000 shall be for the Advanced Manufacturing 22 Technology Consortia. 23

CONSTRUCTION OF RESEARCH FACILITIES

24

For construction of new research facilities, including

25 architectural and engineering design, and for renovation

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104 1 and maintenance of existing facilities, not otherwise pro2 vided for the National Institute of Standards and Tech3 nology, as authorized by sections 13 through 15 of the 4 National Institute of Standards and Technology Act (15 5 U.S.C. 278c–278e), $56,000,000, to remain available until 6 expended: Provided, That the Secretary of Commerce shall 7 include in the budget justification materials that the Sec8 retary submits to Congress in support of the Department 9 of Commerce budget (as submitted with the budget of the 10 President under section 1105(a) of title 31, United States 11 Code) an estimate for each National Institute of Stand12 ards and Technology construction project having a total 13 multi-year program cost of more than $5,000,000 and si14 multaneously the budget justification materials shall in15 clude an estimate of the budgetary requirements for each 16 such project for each of the 5 subsequent fiscal years. 17

NATIONAL OCEANIC

AND

ATMOSPHERIC

18

ADMINISTRATION

19

OPERATIONS, RESEARCH, AND FACILITIES

20

(INCLUDING TRANSFER OF FUNDS)

21

For necessary expenses of activities authorized by law

22 for the National Oceanic and Atmospheric Administration, 23 including maintenance, operation, and hire of aircraft and 24 vessels; grants, contracts, or other payments to nonprofit 25 organizations for the purposes of conducting activities

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105 1 pursuant to cooperative agreements; and relocation of fa2 cilities, $3,157,392,000, to remain available until Sep3 tember 30, 2015, except that funds provided for coopera4 tive enforcement shall remain available until September 5 30, 2016: Provided, That fees and donations received by 6 the National Ocean Service for the management of na7 tional marine sanctuaries may be retained and used for 8 the salaries and expenses associated with those activities, 9 notwithstanding section 3302 of title 31, United States 10 Code: Provided further, That in addition, $115,000,000 11 shall be derived by transfer from the fund entitled ‘‘Pro12 mote and Develop Fishery Products and Research Per13 taining to American Fisheries’’, which shall only be used 14 for fishery activities related to the Saltonstall-Kennedy 15 Grant Program, Cooperative Research, Annual Stock As16 sessments, Survey and Monitoring Projects, Interjurisdic17 tional Fisheries Grants, and Fish Information Networks: 18 Provided further, That of the $3,287,392,000 provided for 19 in direct obligations under this heading $3,157,392,000 20 is appropriated from the general fund, $115,000,000 is 21 provided by transfer, and $15,000,000 is derived from re22 coveries of prior year obligations: Provided further, That 23 the total amount available for National Oceanic and At24 mospheric Administration corporate services administra25 tive support costs shall not exceed $217,300,000: Provided

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106 1 further, That any deviation from the amounts designated 2 for specific activities in the explanatory statement de3 scribed in section 4 (in the matter preceding division A 4 of this consolidated Act), or any use of deobligated bal5 ances of funds provided under this heading in previous 6 years, shall be subject to the procedures set forth in sec7 tion 505 of this Act: Provided further, That in addition, 8 for necessary retired pay expenses under the Retired Serv9 iceman’s Family Protection and Survivor Benefits Plan, 10 and for payments for the medical care of retired personnel 11 and their dependents under the Dependents Medical Care 12 Act (10 U.S.C. 55), such sums as may be necessary. 13

PROCUREMENT, ACQUISITION AND CONSTRUCTION

14

For procurement, acquisition and construction of

15 capital assets, including alteration and modification costs, 16 of the National Oceanic and Atmospheric Administration, 17 $2,022,864,000, to remain available until September 30, 18 2016, except that funds provided for construction of facili19 ties shall remain available until expended: Provided, That 20 of the $2,029,864,000 provided for in direct obligations 21 under this heading, $2,022,864,000 is appropriated from 22 the general fund and $7,000,000 is provided from recov23 eries of prior year obligations: Provided further, That any 24 deviation from the amounts designated for specific activi25 ties in the explanatory statement described in section 4

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107 1 (in the matter preceding division A of this consolidated 2 Act), or any use of deobligated balances of funds provided 3 under this heading in previous years, shall be subject to 4 the procedures set forth in section 505 of this Act: Pro5 vided further, That the Secretary of Commerce shall in6 clude in budget justification materials that the Secretary 7 submits to Congress in support of the Department of 8 Commerce budget (as submitted with the budget of the 9 President under section 1105(a) of title 31, United States 10 Code) an estimate for each National Oceanic and Atmos11 pheric Administration procurement, acquisition or con12 struction project having a total of more than $5,000,000 13 and simultaneously the budget justification shall include 14 an estimate of the budgetary requirements for each such 15 project for each of the 5 subsequent fiscal years: Provided 16 further,

That,

within

the

amounts

appropriated,

17 $1,000,000 shall be transferred to the ‘‘Office of Inspector 18 General’’ account for activities associated with carrying 19 out investigations and audits related to satellite procure20 ment, acquisition and construction. 21

PACIFIC COASTAL SALMON RECOVERY

22

For necessary expenses associated with the restora-

23 tion of Pacific salmon populations, $65,000,000, to re24 main available until September 30, 2015: Provided, That, 25 of the funds provided herein, the Secretary of Commerce

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108 1 may issue grants to the States of Washington, Oregon, 2 Idaho, Nevada, California, and Alaska, and to the Feder3 ally recognized tribes of the Columbia River and Pacific 4 Coast (including Alaska), for projects necessary for con5 servation of salmon and steelhead populations that are 6 listed as threatened or endangered, or that are identified 7 by a State as at-risk to be so listed, for maintaining popu8 lations necessary for exercise of tribal treaty fishing rights 9 or native subsistence fishing, or for conservation of Pacific 10 coastal salmon and steelhead habitat, based on guidelines 11 to be developed by the Secretary of Commerce: Provided 12 further, That all funds shall be allocated based on sci13 entific and other merit principles and shall not be available 14 for marketing activities: Provided further, That funds dis15 bursed to States shall be subject to a matching require16 ment of funds or documented in-kind contributions of at 17 least 33 percent of the Federal funds. 18

FISHERIES DISASTER ASSISTANCE

19

For necessary expenses associated with the mitiga-

20 tion of fishery disasters, $75,000,000, to remain available 21 until expended: Provided, That funds shall be used for 22 mitigating the effects of commercial fishery failures and 23 fishery resource disasters as declared by the Secretary of 24 Commerce.

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109 1

FISHERMEN’S CONTINGENCY FUND

2

For carrying out the provisions of title IV of Public

3 Law 95–372, not to exceed $350,000, to be derived from 4 receipts collected pursuant to that Act, to remain available 5 until expended. 6

FISHERIES FINANCE PROGRAM ACCOUNT

7

Subject to section 502 of the Congressional Budget

8 Act of 1974, during fiscal year 2014, obligations of direct 9 loans may not exceed $24,000,000 for Individual Fishing 10 Quota loans and not to exceed $100,000,000 for tradi11 tional direct loans as authorized by the Merchant Marine 12 Act of 1936. 13

DEPARTMENTAL MANAGEMENT

14

SALARIES AND EXPENSES

15

For necessary expenses for the management of the

16 Department of Commerce provided for by law, including 17 not to exceed $4,500 for official reception and representa18 tion, $55,500,000: Provided, That the Secretary of Com19 merce shall maintain a task force on job repatriation and 20 manufacturing growth and shall produce an annual report 21 on related incentive strategies, implementation plans and 22 program results.

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110 1

RENOVATION AND MODERNIZATION

2

For necessary expenses for the renovation and mod-

3 ernization

of

Department

of

Commerce

facilities,

4 $4,000,000, to remain available until expended. 5

OFFICE OF INSPECTOR GENERAL

6

For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector 8 General Act of 1978 (5 U.S.C. App.), $30,000,000. 9

GENERAL PROVISIONS—DEPARTMENT

10

OF

COMMERCE

SEC. 101. During the current fiscal year, applicable

11 appropriations and funds made available to the Depart12 ment of Commerce by this Act shall be available for the 13 activities specified in the Act of October 26, 1949 (15 14 U.S.C. 1514), to the extent and in the manner prescribed 15 by the Act, and, notwithstanding 31 U.S.C. 3324, may 16 be used for advanced payments not otherwise authorized 17 only upon the certification of officials designated by the 18 Secretary of Commerce that such payments are in the 19 public interest. 20

SEC. 102. During the current fiscal year, appropria-

21 tions made available to the Department of Commerce by 22 this Act for salaries and expenses shall be available for 23 hire of passenger motor vehicles as authorized by 31 24 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

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111 1 3109; and uniforms or allowances therefor, as authorized 2 by law (5 U.S.C. 5901–5902). 3

SEC. 103. Not to exceed 5 percent of any appropria-

4 tion made available for the current fiscal year for the De5 partment of Commerce in this Act may be transferred be6 tween such appropriations, but no such appropriation shall 7 be increased by more than 10 percent by any such trans8 fers: Provided, That any transfer pursuant to this section 9 shall be treated as a reprogramming of funds under sec10 tion 505 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section: Provided further, That the 13 Secretary of Commerce shall notify the Committees on Ap14 propriations at least 15 days in advance of the acquisition 15 or disposal of any capital asset (including land, structures, 16 and equipment) not specifically provided for in this Act 17 or any other law appropriating funds for the Department 18 of Commerce. 19

SEC. 104. The requirements set forth by section 105

20 of the Commerce, Justice, Science, and Related Agencies 21 Appropriations Act, 2012 (Public Law 112–55), as 22 amended by section 105 of title I of division B of Public 23 Law 113–6, are hereby adopted by reference and made 24 applicable with respect to fiscal year 2014.

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112 1

SEC. 105. Notwithstanding any other provision of

2 law, the Secretary may furnish services (including but not 3 limited to utilities, telecommunications, and security serv4 ices) necessary to support the operation, maintenance, and 5 improvement of space that persons, firms, or organizations 6 are authorized, pursuant to the Public Buildings Coopera7 tive Use Act of 1976 or other authority, to use or occupy 8 in the Herbert C. Hoover Building, Washington, DC, or 9 other buildings, the maintenance, operation, and protec10 tion of which has been delegated to the Secretary from 11 the Administrator of General Services pursuant to the 12 Federal Property and Administrative Services Act of 1949 13 on a reimbursable or non-reimbursable basis. Amounts re14 ceived as reimbursement for services provided under this 15 section or the authority under which the use or occupancy 16 of the space is authorized, up to $200,000, shall be cred17 ited to the appropriation or fund which initially bears the 18 costs of such services. 19

SEC. 106. Nothing in this title shall be construed to

20 prevent a grant recipient from deterring child pornog21 raphy, copyright infringement, or any other unlawful ac22 tivity over its networks. 23

SEC. 107. The Administrator of the National Oceanic

24 and Atmospheric Administration is authorized to use, with 25 their consent, with reimbursement and subject to the lim-

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113 1 its of available appropriations, the land, services, equip2 ment, personnel, and facilities of any department, agency, 3 or instrumentality of the United States, or of any State, 4 local government, Indian tribal government, Territory, or 5 possession, or of any political subdivision thereof, or of 6 any foreign government or international organization, for 7 purposes related to carrying out the responsibilities of any 8 statute administered by the National Oceanic and Atmos9 pheric Administration. 10

SEC. 108. The Department of Commerce shall pro-

11 vide a monthly report to the Committees on Appropria12 tions of the House of Representatives and the Senate on 13 any official travel to China by any employee of the U.S. 14 Department of Commerce, including the purpose of such 15 travel. 16

This title may be cited as the ‘‘Department of Com-

17 merce Appropriations Act, 2014’’. 18

TITLE II

19

DEPARTMENT OF JUSTICE

20

GENERAL ADMINISTRATION

21

SALARIES AND EXPENSES

22

For expenses necessary for the administration of the

23 Department of Justice, $110,000,000, of which not to ex24 ceed $4,000,000 for security and construction of Depart-

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114 1 ment of Justice facilities shall remain available until ex2 pended. 3

JUSTICE INFORMATION SHARING TECHNOLOGY

4

For necessary expenses for information sharing tech-

5 nology, including planning, development, deployment and 6 departmental direction, $25,842,000, to remain available 7 until expended: Provided, That the Attorney General may 8 transfer up to $35,400,000 to this account, from funds 9 available to the Department of Justice for information 10 technology, for enterprise-wide information technology ini11 tiatives: Provided further, That the transfer authority in 12 the preceding proviso is in addition to any other transfer 13 authority contained in this Act. 14

ADMINISTRATIVE REVIEW AND APPEALS

15

(INCLUDING TRANSFER OF FUNDS)

16

For expenses necessary for the administration of par-

17 don and clemency petitions and immigration-related activi18 ties, $315,000,000, of which $4,000,000 shall be derived 19 by transfer from the Executive Office for Immigration Re20 view fees deposited in the ‘‘Immigration Examinations 21 Fee’’ account. 22

OFFICE OF INSPECTOR GENERAL

23

For necessary expenses of the Office of Inspector

24 General, $86,400,000, including not to exceed $10,000 to 25 meet unforeseen emergencies of a confidential character:

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115 1 Provided, That $1,000,000 shall be used to commission 2 an independent review of the management and policies of 3 the Civil Rights Division. 4

UNITED STATES PAROLE COMMISSION

5

SALARIES AND EXPENSES

6

For necessary expenses of the United States Parole

7 Commission as authorized, $12,600,000. 8

LEGAL ACTIVITIES

9

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

10

For expenses necessary for the legal activities of the

11 Department of Justice, not otherwise provided for, includ12 ing not to exceed $20,000 for expenses of collecting evi13 dence, to be expended under the direction of, and to be 14 accounted for solely under the certificate of, the Attorney 15 General; and rent of private or Government-owned space 16 in the District of Columbia, $867,000,000, of which not 17 to exceed $10,000,000 for litigation support contracts 18 shall remain available until expended: Provided, That of 19 the total amount appropriated, not to exceed $9,000 shall 20 be available to INTERPOL Washington for official recep21 tion and representation expenses: Provided further, That 22 notwithstanding section 205 of this Act, upon a deter23 mination by the Attorney General that emergent cir24 cumstances require additional funding for litigation activi25 ties of the Civil Division, the Attorney General may trans-

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116 1 fer such amounts to ‘‘Salaries and Expenses, General 2 Legal Activities’’ from available appropriations for the 3 current fiscal year for the Department of Justice, as may 4 be necessary to respond to such circumstances: Provided 5 further, That any transfer pursuant to the previous pro6 viso shall be treated as a reprogramming under section 7 505 of this Act and shall not be available for obligation 8 or expenditure except in compliance with the procedures 9 set forth in that section: Provided further, That of the 10 amount appropriated, such sums as may be necessary 11 shall be available to reimburse the Office of Personnel 12 Management for salaries and expenses associated with the 13 election monitoring program under section 8 of the Voting 14 Rights Act of 1965 (42 U.S.C. 1973f): Provided further, 15 That of the amounts provided under this heading for the 16 election monitoring program, $3,390,000 shall remain 17 available until expended. 18

In addition, for reimbursement of expenses of the De-

19 partment of Justice associated with processing cases 20 under the National Childhood Vaccine Injury Act of 1986, 21 not to exceed $7,833,000, to be appropriated from the 22 Vaccine Injury Compensation Trust Fund. 23

SALARIES AND EXPENSES, ANTITRUST DIVISION

24

For expenses necessary for the enforcement of anti-

25 trust and kindred laws, $160,400,000, to remain available

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117 1 until expended: Provided, That notwithstanding any other 2 provision of law, fees collected for premerger notification 3 filings under the Hart-Scott-Rodino Antitrust Improve4 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 5 of collection (and estimated to be $103,000,000 in fiscal 6 year 2014), shall be retained and used for necessary ex7 penses in this appropriation, and shall remain available 8 until expended: Provided further, That the sum herein ap9 propriated from the general fund shall be reduced as such 10 offsetting collections are received during fiscal year 2014, 11 so as to result in a final fiscal year 2014 appropriation 12 from the general fund estimated at $57,400,000. 13

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

14

For necessary expenses of the Offices of the United

15 States Attorneys, including inter-governmental and coop16 erative agreements, $1,944,000,000: Provided, That of the 17 total amount appropriated, not to exceed $7,200 shall be 18 available for official reception and representation ex19 penses: Provided further, That not to exceed $25,000,000 20 shall remain available until expended: Provided further, 21 That each United States Attorney shall establish or par22 ticipate in a United States Attorney-led task force on 23 human trafficking.

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118 1

UNITED STATES TRUSTEE SYSTEM FUND

2

For necessary expenses of the United States Trustee

3 Program, as authorized, $224,400,000, to remain avail4 able until expended and to be derived from the United 5 States Trustee System Fund: Provided, That, notwith6 standing any other provision of law, deposits to the Fund 7 shall be available in such amounts as may be necessary 8 to pay refunds due depositors: Provided further, That, not9 withstanding any other provision of law, $224,400,000 of 10 offsetting collections pursuant to section 589a(b) of title 11 28, United States Code, shall be retained and used for 12 necessary expenses in this appropriation and shall remain 13 available until expended: Provided further, That the sum 14 herein appropriated from the Fund shall be reduced as 15 such offsetting collections are received during fiscal year 16 2014, so as to result in a final fiscal year 2014 appropria17 tion from the Fund estimated at $0. 18

SALARIES AND EXPENSES, FOREIGN CLAIMS

19

SETTLEMENT COMMISSION

20

For expenses necessary to carry out the activities of

21 the Foreign Claims Settlement Commission, including 22 services as authorized by section 3109 of title 5, United 23 States Code, $2,100,000.

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119 1

FEES AND EXPENSES OF WITNESSES

2

For fees and expenses of witnesses, for expenses of

3 contracts for the procurement and supervision of expert 4 witnesses, for private counsel expenses, including ad5 vances, and for expenses of foreign counsel, $270,000,000, 6 to remain available until expended, of which not to exceed 7 $16,000,000 is for construction of buildings for protected 8 witness safesites; not to exceed $3,000,000 is for the pur9 chase and maintenance of armored and other vehicles for 10 witness security caravans; and not to exceed $11,000,000 11 is for the purchase, installation, maintenance, and up12 grade of secure telecommunications equipment and a se13 cure automated information network to store and retrieve 14 the identities and locations of protected witnesses. 15

SALARIES AND EXPENSES, COMMUNITY RELATIONS

16

SERVICE

17

For necessary expenses of the Community Relations

18 Service, $12,000,000: Provided, That notwithstanding sec19 tion 205 of this Act, upon a determination by the Attorney 20 General that emergent circumstances require additional 21 funding for conflict resolution and violence prevention ac22 tivities of the Community Relations Service, the Attorney 23 General may transfer such amounts to the Community Re24 lations Service, from available appropriations for the cur25 rent fiscal year for the Department of Justice, as may be

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120 1 necessary to respond to such circumstances: Provided fur2 ther, That any transfer pursuant to the preceding proviso 3 shall be treated as a reprogramming under section 505 4 of this Act and shall not be available for obligation or ex5 penditure except in compliance with the procedures set 6 forth in that section. 7

ASSETS FORFEITURE FUND

8

For expenses authorized by subparagraphs (B), (F),

9 and (G) of section 524(c)(1) of title 28, United States 10 Code, $20,500,000, to be derived from the Department 11 of Justice Assets Forfeiture Fund. 12

UNITED STATES MARSHALS SERVICE

13

SALARIES AND EXPENSES

14

For necessary expenses of the United States Mar-

15 shals Service, $1,185,000,000, of which not to exceed 16 $6,000 shall be available for official reception and rep17 resentation expenses, and not to exceed $15,000,000 shall 18 remain available until expended. 19

CONSTRUCTION

20

For construction in space controlled, occupied or uti-

21 lized by the United States Marshals Service for prisoner 22 holding and related support, $9,800,000, to remain avail23 able until expended.

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121 1

FEDERAL PRISONER DETENTION

2

For necessary expenses related to United States pris-

3 oners in the custody of the United States Marshals Service 4 as authorized by section 4013 of title 18, United States 5 Code, $1,533,000,000, to remain available until expended: 6 Provided, That not to exceed $20,000,000 shall be consid7 ered ‘‘funds appropriated for State and local law enforce8 ment assistance’’ pursuant to section 4013(b) of title 18, 9 United States Code: Provided further, That the United 10 States Marshals Service shall be responsible for managing 11 the Justice Prisoner and Alien Transportation System. 12

NATIONAL SECURITY DIVISION

13

SALARIES AND EXPENSES

14

For expenses necessary to carry out the activities of

15 the National Security Division, $91,800,000, of which not 16 to exceed $5,000,000 for information technology systems 17 shall remain available until expended: Provided, That not18 withstanding section 205 of this Act, upon a determina19 tion by the Attorney General that emergent circumstances 20 require additional funding for the activities of the National 21 Security Division, the Attorney General may transfer such 22 amounts to this heading from available appropriations for 23 the current fiscal year for the Department of Justice, as 24 may be necessary to respond to such circumstances: Pro25 vided further, That any transfer pursuant to the preceding

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122 1 proviso shall be treated as a reprogramming under section 2 505 of this Act and shall not be available for obligation 3 or expenditure except in compliance with the procedures 4 set forth in that section. 5

INTERAGENCY LAW ENFORCEMENT

6

INTERAGENCY CRIME AND DRUG ENFORCEMENT

7

For necessary expenses for the identification, inves-

8 tigation, and prosecution of individuals associated with the 9 most significant drug trafficking and affiliated money 10 laundering organizations not otherwise provided for, to in11 clude inter-governmental agreements with State and local 12 law enforcement agencies engaged in the investigation and 13 prosecution of individuals involved in organized crime drug 14 trafficking, $514,000,000, of which $50,000,000 shall re15 main available until expended: Provided, That any 16 amounts obligated from appropriations under this heading 17 may be used under authorities available to the organiza18 tions reimbursed from this appropriation. 19

FEDERAL BUREAU

20

OF INVESTIGATION

SALARIES AND EXPENSES

21

For necessary expenses of the Federal Bureau of In-

22 vestigation for detection, investigation, and prosecution of 23 crimes against the United States, $8,245,802,000, of 24 which not to exceed $216,900,000 shall remain available 25 until expended, and of which $13,500,000 is for costs re-

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123 1 lated to the outfitting, activation, and operation of facili2 ties supporting the examination, exploitation, and storage 3 of improvised explosive devices and explosive materials, in4 cluding personnel relocation costs: Provided, That not to 5 exceed $184,500 shall be available for official reception 6 and representation expenses: Provided further, That up to 7 $1,000,000 shall be for a comprehensive review of the im8 plementation of the recommendations related to the Fed9 eral Bureau of Investigation that were proposed in the re10 port issued by the National Commission on Terrorist At11 tacks Upon the United States. 12

CONSTRUCTION

13

For necessary expenses, to include the cost of equip-

14 ment, furniture, and information technology requirements, 15 related to construction or acquisition of buildings, facili16 ties and sites by purchase, or as otherwise authorized by 17 law; conversion, modification and extension of Federally18 owned buildings; preliminary planning and design of 19 projects; and operation and maintenance of secure work 20 environment facilities and secure networking capabilities; 21 $97,482,000, to remain available until expended, of which 22 $16,500,000 is for costs related to the construction, outfit23 ting, activation, and operation of facilities supporting the 24 examination, exploitation, and storage of improvised explo25 sive devices and explosive materials.

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124 1

DRUG ENFORCEMENT ADMINISTRATION

2

SALARIES AND EXPENSES

3

For necessary expenses of the Drug Enforcement Ad-

4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant 6 to section 530C of title 28, United States Code; and ex7 penses for conducting drug education and training pro8 grams, including travel and related expenses for partici9 pants in such programs and the distribution of items of 10 token value that promote the goals of such programs, 11 $2,018,000,000; of which not to exceed $75,000,000 shall 12 remain available until expended and not to exceed $90,000 13 shall be available for official reception and representation 14 expenses. 15

BUREAU

OF

ALCOHOL, TOBACCO, FIREARMS

16

EXPLOSIVES

17

SALARIES AND EXPENSES

18

AND

For necessary expenses of the Bureau of Alcohol, To-

19 bacco, Firearms and Explosives, for training of State and 20 local law enforcement agencies with or without reimburse21 ment, including training in connection with the training 22 and acquisition of canines for explosives and fire 23 accelerants detection; and for provision of laboratory as24 sistance to State and local law enforcement agencies, with 25 or without reimbursement, $1,179,000,000, of which not

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125 1 to exceed $36,000 shall be for official reception and rep2 resentation expenses, not to exceed $1,000,000 shall be 3 available for the payment of attorneys’ fees as provided 4 by section 924(d)(2) of title 18, United States Code, and 5 not to exceed $20,000,000 shall remain available until ex6 pended: Provided, That none of the funds appropriated 7 herein shall be available to investigate or act upon applica8 tions for relief from Federal firearms disabilities under 9 section 925(c) of title 18, United States Code: Provided 10 further, That such funds shall be available to investigate 11 and act upon applications filed by corporations for relief 12 from Federal firearms disabilities under section 925(c) of 13 title 18, United States Code: Provided further, That no 14 funds made available by this or any other Act may be used 15 to transfer the functions, missions, or activities of the Bu16 reau of Alcohol, Tobacco, Firearms and Explosives to 17 other agencies or Departments. 18

FEDERAL PRISON SYSTEM

19

SALARIES AND EXPENSES

20

(INCLUDING TRANSFER OF FUNDS)

21

For necessary expenses of the Federal Prison System

22 for the administration, operation, and maintenance of 23 Federal penal and correctional institutions, and for the 24 provision of technical assistance and advice on corrections 25 related issues to foreign governments, $6,769,000,000:

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126 1 Provided, That the Attorney General may transfer to the 2 Health Resources and Services Administration such 3 amounts as may be necessary for direct expenditures by 4 that Administration for medical relief for inmates of Fed5 eral penal and correctional institutions: Provided further, 6 That the Director of the Federal Prison System, where 7 necessary, may enter into contracts with a fiscal agent or 8 fiscal intermediary claims processor to determine the 9 amounts payable to persons who, on behalf of the Federal 10 Prison System, furnish health services to individuals com11 mitted to the custody of the Federal Prison System: Pro12 vided further, That not to exceed $5,400 shall be available 13 for official reception and representation expenses: Pro14 vided further, That not to exceed $50,000,000 shall re15 main available for necessary operations until September 16 30, 2015: Provided further, That, of the amounts provided 17 for contract confinement, not to exceed $20,000,000 shall 18 remain available until expended to make payments in ad19 vance for grants, contracts and reimbursable agreements, 20 and other expenses: Provided further, That the Director 21 of the Federal Prison System may accept donated prop22 erty and services relating to the operation of the prison 23 card program from a not-for-profit entity which has oper24 ated such program in the past, notwithstanding the fact 25 that such not-for-profit entity furnishes services under

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127 1 contracts to the Federal Prison System relating to the op2 eration of pre-release services, halfway houses, or other 3 custodial facilities. 4

BUILDINGS AND FACILITIES

5

For planning, acquisition of sites and construction of

6 new facilities; purchase and acquisition of facilities and re7 modeling, and equipping of such facilities for penal and 8 correctional use, including all necessary expenses incident 9 thereto, by contract or force account; and constructing, 10 remodeling, and equipping necessary buildings and facili11 ties at existing penal and correctional institutions, includ12 ing all necessary expenses incident thereto, by contract or 13 force account, $90,000,000, to remain available until ex14 pended, of which not less than $67,148,000 shall be avail15 able only for modernization, maintenance and repair, and 16 of which not to exceed $14,000,000 shall be available to 17 construct areas for inmate work programs: Provided, That 18 labor of United States prisoners may be used for work 19 performed under this appropriation. 20

FEDERAL PRISON INDUSTRIES, INCORPORATED

21

The Federal Prison Industries, Incorporated, is here-

22 by authorized to make such expenditures within the limits 23 of funds and borrowing authority available, and in accord 24 with the law, and to make such contracts and commit25 ments without regard to fiscal year limitations as provided

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128 1 by section 9104 of title 31, United States Code, as may 2 be necessary in carrying out the program set forth in the 3 budget for the current fiscal year for such corporation. 4

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

5

PRISON INDUSTRIES, INCORPORATED

6

Not to exceed $2,700,000 of the funds of the Federal

7 Prison Industries, Incorporated, shall be available for its 8 administrative expenses, and for services as authorized by 9 section 3109 of title 5, United States Code, to be com10 puted on an accrual basis to be determined in accordance 11 with the corporation’s current prescribed accounting sys12 tem, and such amounts shall be exclusive of depreciation, 13 payment of claims, and expenditures which such account14 ing system requires to be capitalized or charged to cost 15 of commodities acquired or produced, including selling and 16 shipping expenses, and expenses in connection with acqui17 sition, construction, operation, maintenance, improvement, 18 protection, or disposition of facilities and other property 19 belonging to the corporation or in which it has an interest. 20

STATE

21

AND

LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE

ON

VIOLENCE AGAINST WOMEN

22

VIOLENCE AGAINST WOMEN PREVENTION AND

23

PROSECUTION PROGRAMS

24

For grants, contracts, cooperative agreements, and

25 other assistance for the prevention and prosecution of vio-

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129 1 lence against women, as authorized by the Omnibus Crime 2 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 3 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 4 Law Enforcement Act of 1994 (Public Law 103–322) 5 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 6 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu7 torial Remedies and Other Tools to end the Exploitation 8 of Children Today Act of 2003 (Public Law 108–21); the 9 Juvenile Justice and Delinquency Prevention Act of 1974 10 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 11 of Trafficking and Violence Protection Act of 2000 (Public 12 Law 106–386) (‘‘the 2000 Act’’); the Violence Against 13 Women and Department of Justice Reauthorization Act 14 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); and the 15 Violence Against Women Reauthorization Act of 2013 16 (Public Law 113–4) (‘‘the 2013 Act’’); and for related vic17 tims services, $417,000,000, to remain available until ex18 pended: Provided, That except as otherwise provided by 19 law, not to exceed 5 percent of funds made available under 20 this heading may be used for expenses related to evalua21 tion, training, and technical assistance: Provided further, 22 That of the amount provided— 23

(1) $193,000,000 is for grants to combat vio-

24

lence against women, as authorized by part T of the

25

1968 Act;

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130 1

(2) $24,750,000 is for transitional housing as-

2

sistance grants for victims of domestic violence, dat-

3

ing violence, stalking or sexual assault as authorized

4

by section 40299 of the 1994 Act;

5

(3) $3,250,000 is for the National Institute of

6

Justice for research and evaluation of violence

7

against women and related issues addressed by

8

grant programs of the Office on Violence Against

9

Women, which shall be transferred to ‘‘Research,

10

Evaluation and Statistics’’ for administration by the

11

Office of Justice Programs;

12

(4) $10,000,000 is for a grant program to pro-

13

vide services to advocate for and respond to youth

14

victims of domestic violence, dating violence, sexual

15

assault, and stalking; assistance to children and

16

youth exposed to such violence; programs to engage

17

men and youth in preventing such violence; and as-

18

sistance to middle and high school students through

19

education and other services related to such violence:

20

Provided, That unobligated balances available for

21

the programs authorized by sections 41201, 41204,

22

41303 and 41305 of the 1994 Act, prior to its

23

amendment by the 2013 Act, shall be available for

24

this program: Provided further, That 10 percent of

25

the total amount available for this grant program

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131 1

shall be available for grants under the program au-

2

thorized by section 2015 of the 1968 Act: Provided

3

further, That the definitions and grant conditions in

4

section 40002 of the 1994 Act shall apply to this

5

program;

6

(5) $50,000,000 is for grants to encourage ar-

7

rest policies as authorized by part U of the 1968

8

Act, of which $4,000,000 is for a homicide reduction

9

initiative;

10

(6) $27,000,000 is for sexual assault victims

11

assistance, as authorized by section 41601 of the

12

1994 Act;

13

(7) $36,000,000 is for rural domestic violence

14

and child abuse enforcement assistance grants, as

15

authorized by section 40295 of the 1994 Act;

16

(8) $9,000,000 is for grants to reduce violent

17

crimes against women on campus, as authorized by

18

section 304 of the 2005 Act;

19

(9) $37,000,000 is for legal assistance for vic-

20

tims, as authorized by section 1201 of the 2000 Act;

21

(10) $4,250,000 is for enhanced training and

22

services to end violence against and abuse of women

23

in later life, as authorized by section 40802 of the

24

1994 Act;

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132 1

(11) $15,000,000 is for grants to support fami-

2

lies in the justice system, as authorized by section

3

1301 of the 2000 Act: Provided, That unobligated

4

balances available for the programs authorized by

5

section 1301 of the 2000 Act and section 41002 of

6

the 1994 Act, prior to their amendment by the 2013

7

Act, shall be available for this program;

8

(12) $5,750,000 is for education and training

9

to end violence against and abuse of women with

10

disabilities, as authorized by section 1402 of the

11

2000 Act;

12

(13) $500,000 is for the National Resource

13

Center on Workplace Responses to assist victims of

14

domestic violence, as authorized by section 41501 of

15

the 1994 Act;

16

(14) $1,000,000 is for analysis and research on

17

violence against Indian women, including as author-

18

ized by section 904 of the 2005 Act: Provided, That

19

such funds may be transferred to ‘‘Research, Eval-

20

uation and Statistics’’ for administration by the Of-

21

fice of Justice Programs; and

22

(15) $500,000 is for the Office on Violence

23

Against Women to establish a national clearinghouse

24

that provides training and technical assistance on

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133 1

issues relating to sexual assault of American Indian

2

and Alaska Native women.

3

OFFICE

4

OF

JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

5

For grants, contracts, cooperative agreements, and

6 other assistance authorized by title I of the Omnibus 7 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 8 Act’’); the Juvenile Justice and Delinquency Prevention 9 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As10 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 11 Remedies and Other Tools to end the Exploitation of Chil12 dren Today Act of 2003 (Public Law 108–21); the Justice 13 for All Act of 2004 (Public Law 108–405); the Violence 14 Against Women and Department of Justice Reauthoriza15 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 16 the Victims of Child Abuse Act of 1990 (Public Law 101– 17 647); the Second Chance Act of 2007 (Public Law 110– 18 199); the Victims of Crime Act of 1984 (Public Law 98– 19 473); the Adam Walsh Child Protection and Safety Act 20 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 21 the PROTECT Our Children Act of 2008 (Public Law 22 110–401); subtitle D of title II of the Homeland Security 23 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 24 NICS Improvement Amendments Act of 2007 (Public 25 Law 110–180); the Violence Against Women Reauthoriza-

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134 1 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 2 and other programs, $120,000,000, to remain available 3 until expended, of which— 4

(1) $45,000,000 is for criminal justice statistics

5

programs, and other activities, as authorized by part

6

C of title I of the 1968 Act;

7

(2) $40,000,000 is for research, development,

8

and evaluation programs, and other activities as au-

9

thorized by part B of title I of the 1968 Act and

10

subtitle D of title II of the 2002 Act;

11

(3) $1,000,000 is for an evaluation clearing-

12

house program;

13

(4) $30,000,000 is for regional information

14

sharing activities, as authorized by part M of title I

15

of the 1968 Act; and

16

(5) $4,000,000 is for activities to strengthen

17

and enhance the practice of forensic sciences, of

18

which $1,000,000 is for the support of a Forensic

19

Science Advisory Committee to be chaired by the At-

20

torney General and the Director of the National In-

21

stitute

22

$3,000,000 is for transfer to the National Institute

23

of Standards and Technology to support scientific

24

working groups.

of

Standards

and

Technology,

and

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135 1

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2

For grants, contracts, cooperative agreements, and

3 other assistance authorized by the Violent Crime Control 4 and Law Enforcement Act of 1994 (Public Law 103–322) 5 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 6 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 7 Act of 2004 (Public Law 108–405); the Victims of Child 8 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 9 Act’’); the Trafficking Victims Protection Reauthorization 10 Act of 2005 (Public Law 109–164); the Violence Against 11 Women and Department of Justice Reauthorization Act 12 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 13 Adam Walsh Child Protection and Safety Act of 2006 14 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic15 tims of Trafficking and Violence Protection Act of 2000 16 (Public Law 106–386); the NICS Improvement Amend17 ments Act of 2007 (Public Law 110–180); subtitle D of 18 title II of the Homeland Security Act of 2002 (Public Law 19 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 20 2007 (Public Law 110–199); the Prioritizing Resources 21 and Organization for Intellectual Property Act of 2008 22 (Public Law 110–403); the Victims of Crime Act of 1984 23 (Public Law 98–473); the Mentally Ill Offender Treat24 ment and Crime Reduction Reauthorization and Improve25 ment Act of 2008 (Public Law 110–416); the Violence

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136 1 Against Women Reauthorization Act of 2013 (Public Law 2 113–4)

(‘‘the

2013

Act’’);

and

other

programs,

3 $1,171,500,000, to remain available until expended as fol4 lows— 5

(1) $376,000,000 for the Edward Byrne Memo-

6

rial Justice Assistance Grant program as authorized

7

by subpart 1 of part E of title I of the 1968 Act

8

(except that section 1001(c), and the special rules

9

for Puerto Rico under section 505(g) of title I of the

10

1968 Act shall not apply for purposes of this Act),

11

of

12

$1,000,000 is for a program to improve State and

13

local law enforcement intelligence capabilities includ-

14

ing antiterrorism training and training to ensure

15

that constitutional rights, civil liberties, civil rights,

16

and privacy interests are protected throughout the

17

intelligence process, $1,000,000 is for a State, local,

18

and tribal assistance help desk and diagnostic center

19

program, $15,000,000 is for a Preventing Violence

20

Against Law Enforcement Officer Resilience and

21

Survivability Initiative (VALOR), $4,000,000 is for

22

use by the National Institute of Justice for research

23

targeted toward developing a better understanding

24

of the domestic radicalization phenomenon, and ad-

25

vancing evidence-based strategies for effective inter-

which,

notwithstanding

such

subpart

1,

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137 1

vention and prevention, $2,500,000 is for objective,

2

nonpartisan voter education about, and a plebiscite

3

on, options that would resolve Puerto Rico’s future

4

political status, which shall be provided to the State

5

Elections Commission of Puerto Rico, $5,000,000 is

6

for an initiative to support evidence-based policing,

7

and $2,500,000 is for an initiative to enhance pros-

8

ecutorial decision-making;

9

(2) $180,000,000 for the State Criminal Alien

10

Assistance Program, as authorized by section

11

241(i)(5) of the Immigration and Nationality Act (8

12

U.S.C. 1231(i)(5)): Provided, That no jurisdiction

13

shall request compensation for any cost greater than

14

the actual cost for Federal immigration and other

15

detainees housed in State and local detention facili-

16

ties;

17

(3) $13,500,000 for competitive grants to im-

18

prove the functioning of the criminal justice system,

19

to prevent or combat juvenile delinquency, and to as-

20

sist victims of crime (other than compensation);

21

(4) $14,250,000 for victim services programs

22

for victims of trafficking, as authorized by section

23

107(b)(2) of Public Law 106–386, and for programs

24

authorized under Public Law 109–164;

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138 1

(5) $40,500,000 for Drug Courts, as authorized

2

by section 1001(a)(25)(A) of title I of the 1968 Act;

3

(6) $8,250,000 for mental health courts and

4

adult and juvenile collaboration program grants, as

5

authorized by parts V and HH of title I of the 1968

6

Act, and the Mentally Ill Offender Treatment and

7

Crime Reduction Reauthorization and Improvement

8

Act of 2008 (Public Law 110–416);

9

(7) $10,000,000 for grants for Residential Sub-

10

stance Abuse Treatment for State Prisoners, as au-

11

thorized by part S of title I of the 1968 Act;

12

(8) $2,000,000 for the Capital Litigation Im-

13

provement Grant Program, as authorized by section

14

426 of Public Law 108–405, and for grants for

15

wrongful conviction review;

16

(9) $10,000,000 for economic, high technology

17

and Internet crime prevention grants, including as

18

authorized by section 401 of Public Law 110–403;

19

(10) $2,000,000 for a student loan repayment

20

assistance program pursuant to section 952 of Pub-

21

lic Law 110–315;

22

(11) $20,000,000 for sex offender management

23

assistance, as authorized by the Adam Walsh Act,

24

and related activities;

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139 1

(12) $8,000,000 for an initiative relating to

2

children exposed to violence;

3

(13) $10,500,000 for an Edward Byrne Memo-

4

rial criminal justice innovation program;

5

(14) $22,500,000 for the matching grant pro-

6

gram for law enforcement armor vests, as authorized

7

by section 2501 of title I of the 1968 Act: Provided,

8

That $1,500,000 is transferred directly to the Na-

9

tional Institute of Standards and Technology’s Of-

10

fice of Law Enforcement Standards for research,

11

testing and evaluation programs;

12

(15) $1,000,000 for the National Sex Offender

13

Public Website;

14

(16) $8,500,000 for competitive and evidence-

15

based programs to reduce gun crime and gang vio-

16

lence;

17

(17) $58,500,000 for grants to States to up-

18

grade criminal and mental health records in the Na-

19

tional Instant Criminal Background Check System,

20

of which no less than $12,000,000 shall be for

21

grants made under the authorities of the NICS Im-

22

provement Amendments Act of 2007 (Public Law

23

110–180);

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140 1

(18) $12,000,000 for Paul Coverdell Forensic

2

Sciences Improvement Grants under part BB of title

3

I of the 1968 Act;

4

(19) $125,000,000 for DNA-related and foren-

5

sic programs and activities, of which—

6

(A) $117,000,000 is for a DNA analysis

7

and capacity enhancement program and for

8

other local, State, and Federal forensic activi-

9

ties, including the purposes authorized under

10

section 2 of the DNA Analysis Backlog Elimi-

11

nation Act of 2000 (Public Law 106–546) (the

12

Debbie Smith DNA Backlog Grant Program):

13

Provided, That up to 4 percent of funds made

14

available under this paragraph may be used for

15

the purposes described in the DNA Training

16

and Education for Law Enforcement, Correc-

17

tional Personnel, and Court Officers program

18

(Public Law 108–405, section 303);

19

(B) $4,000,000 is for the purposes de-

20

scribed in the Kirk Bloodsworth Post-Convic-

21

tion DNA Testing Program (Public Law 108–

22

405, section 412); and

23

(C) $4,000,000 is for Sexual Assault Fo-

24

rensic Exam Program grants, including as au-

25

thorized by section 304 of Public Law 108–405;

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141 1

(20) $6,000,000 for the court-appointed special

2

advocate program, as authorized by section 217 of

3

the 1990 Act;

4

(21) $30,000,000 for assistance to Indian

5

tribes;

6

(22) $67,750,000 for offender reentry programs

7

and research, as authorized by the Second Chance

8

Act of 2007 (Public Law 110–199), without regard

9

to the time limitations specified at section 6(1) of

10

such Act, of which not to exceed $6,000,000 is for

11

a program to improve State, local, and tribal proba-

12

tion or parole supervision efforts and strategies, and

13

$2,000,000 is for Children of Incarcerated Parents

14

Demonstrations to enhance and maintain parental

15

and family relationships for incarcerated parents as

16

a reentry or recidivism reduction strategy: Provided,

17

That up to $7,500,000 of funds made available in

18

this paragraph may be used for performance-based

19

awards for Pay for Success projects, of which up to

20

$5,000,000 shall be for Pay for Success programs

21

implementing the Permanent Supportive Housing

22

Model;

23

(23) $4,000,000 for a veterans treatment

24

courts program;

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142 1

(24) $750,000 for the purposes described in the

2

Missing Alzheimer’s Disease Patient Alert Program

3

(section 240001 of the 1994 Act);

4

(25) $7,000,000 for a program to monitor pre-

5

scription drugs and scheduled listed chemical prod-

6

ucts;

7

(26) $12,500,000 for prison rape prevention

8

and prosecution grants to States and units of local

9

government, and other programs, as authorized by

10

the Prison Rape Elimination Act of 2003 (Public

11

Law 108–79), of which not more than $150,000 of

12

these funds shall be available for the direct Federal

13

costs of facilitating an auditing process;

14

(27) $2,000,000 to operate a National Center

15

for Campus Public Safety;

16

(28) $27,500,000 for a justice reinvestment ini-

17

tiative, for activities related to criminal justice re-

18

form and recidivism reduction, of which not less

19

than $1,000,000 is for a task force on Federal cor-

20

rections;

21

(29) $4,000,000 for additional replication sites

22

employing the Project HOPE Opportunity Probation

23

with Enforcement model implementing swift and cer-

24

tain sanctions in probation, and for a research

25

project on the effectiveness of the model;

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143 1

(30) $12,500,000 for the Office of Victims of

2

Crime for supplemental victims’ services and other

3

victim-related programs and initiatives, including re-

4

search and statistics, and for tribal assistance for

5

victims of violence; and

6

(31) $75,000,000 for the Comprehensive School

7

Safety Initiative, described in the explanatory state-

8

ment described in section 4 (in the matter preceding

9

division A of this consolidated Act): Provided, That

10

section 213 of this Act shall not apply with respect

11

to the amount made available in this paragraph:

12 Provided, That, if a unit of local government uses any of 13 the funds made available under this heading to increase 14 the number of law enforcement officers, the unit of local 15 government will achieve a net gain in the number of law 16 enforcement officers who perform non-administrative pub17 lic sector safety service. 18

JUVENILE JUSTICE PROGRAMS

19

For grants, contracts, cooperative agreements, and

20 other assistance authorized by the Juvenile Justice and 21 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 22 Omnibus Crime Control and Safe Streets Act of 1968 23 (‘‘the 1968 Act’’); the Violence Against Women and De24 partment of Justice Reauthorization Act of 2005 (Public 25 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s

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144 1 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 2 Remedies and Other Tools to end the Exploitation of Chil3 dren Today Act of 2003 (Public Law 108–21); the Victims 4 of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 5 1990 Act’’); the Adam Walsh Child Protection and Safety 6 Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh 7 Act’’); the PROTECT Our Children Act of 2008 (Public 8 Law 110–401); the Violence Against Women Reauthoriza9 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 10 and other juvenile justice programs, $254,500,000, to re11 main available until expended as follows— 12

(1) $55,500,000 for programs authorized by

13

section 221 of the 1974 Act, of which not more than

14

$10,000,000 may be used for activities specified in

15

section 1801(b)(2) of part R of title I of the 1968

16

Act; and for training and technical assistance to as-

17

sist small, nonprofit organizations with the Federal

18

grants process: Provided, That of the amounts pro-

19

vided under this paragraph, $500,000 shall be for a

20

competitive demonstration grant program to support

21

emergency planning among State, local and tribal

22

juvenile justice residential facilities;

23

(2) $88,500,000 for youth mentoring grants;

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145 1

(3) $15,000,000 for delinquency prevention, as

2

authorized by section 505 of the 1974 Act, of which,

3

pursuant to sections 261 and 262 thereof—

4

(A) $5,000,000 shall be for the Tribal

5

Youth Program;

6

(B) $2,500,000 shall be for gang and

7

youth violence education, prevention and inter-

8

vention, and related activities;

9

(C) $2,500,000 shall be for programs and

10

activities to enforce State laws prohibiting the

11

sale of alcoholic beverages to minors or the pur-

12

chase or consumption of alcoholic beverages by

13

minors, for prevention and reduction of con-

14

sumption of alcoholic beverages by minors, and

15

for technical assistance and training; and

16

(D) $5,000,000 shall be for competitive

17

grants to police and juvenile justice authorities

18

in communities that have been awarded Depart-

19

ment of Education School Climate Trans-

20

formation Grants to collaborate on use of evi-

21

dence-based positive behavior strategies to in-

22

crease school safety and reduce juvenile arrests;

23

(4) $19,000,000 for programs authorized by

24

the Victims of Child Abuse Act of 1990;

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146 1

(5) $5,500,000 for community-based violence

2

prevention initiatives, including for public health ap-

3

proaches to reducing shootings and violence;

4

(6) $67,000,000 for missing and exploited chil-

5

dren programs, including as authorized by sections

6

404(b) and 405(a) of the 1974 Act (except that sec-

7

tion 102(b)(4)(B) of the PROTECT Our Children

8

Act of 2008 (Public Law 110–401) shall not apply

9

for purposes of this Act);

10

(7) $1,500,000 for child abuse training pro-

11

grams for judicial personnel and practitioners, as

12

authorized by section 222 of the 1990 Act;

13

(8) $1,000,000 for grants and technical assist-

14

ance in support of the National Forum on Youth Vi-

15

olence Prevention;

16

(9) $500,000 for an Internet site providing in-

17

formation and resources on children of incarcerated

18

parents; and

19

(10) $1,000,000 for competitive grants focusing

20

on girls in the juvenile justice system:

21 Provided, That not more than 10 percent of each amount 22 may be used for research, evaluation, and statistics activi23 ties designed to benefit the programs or activities author24 ized: Provided further, That not more than 2 percent of 25 the amounts designated under paragraphs (1) through

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147 1 (5), (7) and (8) may be used for training and technical 2 assistance: Provided further, That the previous two pro3 visos shall not apply to grants and projects authorized by 4 sections 261 and 262 of the 1974 Act and to missing and 5 exploited children programs. 6

PUBLIC SAFETY OFFICER BENEFITS

7

For payments and expenses authorized under section

8 1001(a)(4) of title I of the Omnibus Crime Control and 9 Safe Streets Act of 1968, such sums as are necessary (in10 cluding amounts for administrative costs), to remain avail11 able until expended; and $16,300,000 for payments au12 thorized by section 1201(b) of such Act and for edu13 cational assistance authorized by section 1218 of such Act, 14 to remain available until expended: Provided, That not15 withstanding section 205 of this Act, upon a determina16 tion by the Attorney General that emergent circumstances 17 require additional funding for such disability and edu18 cation payments, the Attorney General may transfer such 19 amounts to ‘‘Public Safety Officer Benefits’’ from avail20 able appropriations for the Department of Justice as may 21 be necessary to respond to such circumstances: Provided 22 further, That any transfer pursuant to the previous pro23 viso shall be treated as a reprogramming under section 24 505 of this Act and shall not be available for obligation

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148 1 or expenditure except in compliance with the procedures 2 set forth in that section. 3

COMMUNITY ORIENTED POLICING SERVICES

4

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

5

For activities authorized by the Violent Crime Con-

6 trol and Law Enforcement Act of 1994 (Public Law 103– 7 322); the Omnibus Crime Control and Safe Streets Act 8 of 1968 (‘‘the 1968 Act’’); and the Violence Against 9 Women and Department of Justice Reauthorization Act 10 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 11 $214,000,000, to remain available until expended: Pro12 vided, That any balances made available through prior 13 year deobligations shall only be available in accordance 14 with section 505 of this Act: Provided further, That of the 15 amount provided under this heading— 16

(1) $10,000,000 is for anti-methamphetamine-

17

related activities, which shall be transferred to the

18

Drug Enforcement Administration upon enactment

19

of this Act;

20

(2) $16,500,000 is for improving tribal law en-

21

forcement, including hiring, equipment, training, and

22

anti-methamphetamine activities;

23

(3) $180,000,000 is for grants under section

24

1701 of title I of the 1968 Act (42 U.S.C. 3796dd)

25

for the hiring and rehiring of additional career law

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149 1

enforcement officers under part Q of such title not-

2

withstanding subsection (i) of such section: Pro-

3

vided, That, notwithstanding subsection (g) of the

4

1968 Act (42 U.S.C. 3796dd), the Federal share of

5

the costs of a project funded by such grants may not

6

exceed 75 percent unless the Director of the Office

7

of Community Oriented Policing Services waives,

8

wholly or in part, the requirement of a non-Federal

9

contribution to the costs of a project: Provided fur-

10

ther, That, notwithstanding section 1704(c) of such

11

title (42 U.S.C. 3796dd–3(c)), funding for hiring or

12

rehiring a career law enforcement officer may not

13

exceed $125,000 unless the Director of the Office of

14

Community Oriented Policing Services grants a

15

waiver from this limitation: Provided further, That

16

within the amounts appropriated, $16,500,000 shall

17

be transferred to the Tribal Resources Grant Pro-

18

gram: Provided further, That of the amounts appro-

19

priated under this paragraph, $7,500,000 is for

20

community policing development activities in fur-

21

therance of the purposes in section 1701: Provided

22

further, That within the amounts appropriated under

23

this paragraph, $5,000,000 is for the collaborative

24

reform model of technical assistance in furtherance

25

of the purposes in section 1701; and

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150 1

(4) $7,500,000 is for competitive grants to

2

State law enforcement agencies in States with high

3

seizures of precursor chemicals, finished meth-

4

amphetamine, laboratories, and laboratory dump sei-

5

zures: Provided, That funds appropriated under this

6

paragraph shall be utilized for investigative purposes

7

to locate or investigate illicit activities, including

8

precursor diversion, laboratories, or methamphet-

9

amine traffickers.

10

GENERAL PROVISIONS—DEPARTMENT

11

OF

JUSTICE

SEC. 201. In addition to amounts otherwise made

12 available in this title for official reception and representa13 tion expenses, a total of not to exceed $50,000 from funds 14 appropriated to the Department of Justice in this title 15 shall be available to the Attorney General for official re16 ception and representation expenses. 17

SEC. 202. None of the funds appropriated by this

18 title shall be available to pay for an abortion, except where 19 the life of the mother would be endangered if the fetus 20 were carried to term, or in the case of rape: Provided, 21 That should this prohibition be declared unconstitutional 22 by a court of competent jurisdiction, this section shall be 23 null and void.

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151 1

SEC. 203. None of the funds appropriated under this

2 title shall be used to require any person to perform, or 3 facilitate in any way the performance of, any abortion. 4

SEC. 204. Nothing in the preceding section shall re-

5 move the obligation of the Director of the Bureau of Pris6 ons to provide escort services necessary for a female in7 mate to receive such service outside the Federal facility: 8 Provided, That nothing in this section in any way dimin9 ishes the effect of section 203 intended to address the phil10 osophical beliefs of individual employees of the Bureau of 11 Prisons. 12

SEC. 205. Not to exceed 5 percent of any appropria-

13 tion made available for the current fiscal year for the De14 partment of Justice in this Act may be transferred be15 tween such appropriations, but no such appropriation, ex16 cept as otherwise specifically provided, shall be increased 17 by more than 10 percent by any such transfers: Provided, 18 That any transfer pursuant to this section shall be treated 19 as a reprogramming of funds under section 505 of this 20 Act and shall not be available for obligation except in com21 pliance with the procedures set forth in that section. 22

SEC. 206. The Attorney General is authorized to ex-

23 tend through September 30, 2014, the Personnel Manage24 ment Demonstration Project transferred to the Attorney 25 General pursuant to section 1115 of the Homeland Secu-

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152 1 rity Act of 2002 (Public Law 107–296; 28 U.S.C. 599B) 2 without limitation on the number of employees or the posi3 tions covered. 4

SEC. 207. None of the funds made available under

5 this title may be used by the Federal Bureau of Prisons 6 or the United States Marshals Service for the purpose of 7 transporting an individual who is a prisoner pursuant to 8 conviction for crime under State or Federal law and is 9 classified as a maximum or high security prisoner, other 10 than to a prison or other facility certified by the Federal 11 Bureau of Prisons as appropriately secure for housing 12 such a prisoner. 13

SEC. 208. (a) None of the funds appropriated by this

14 Act may be used by Federal prisons to purchase cable tele15 vision services, or to rent or purchase audiovisual or elec16 tronic media or equipment used primarily for recreational 17 purposes. 18

(b) Subsection (a) does not preclude the rental, main-

19 tenance, or purchase of audiovisual or electronic media or 20 equipment for inmate training, religious, or educational 21 programs. 22

SEC. 209. None of the funds made available under

23 this title shall be obligated or expended for any new or 24 enhanced information technology program having total es25 timated development costs in excess of $100,000,000, un-

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153 1 less the Deputy Attorney General and the investment re2 view board certify to the Committees on Appropriations 3 of the House of Representatives and the Senate that the 4 information technology program has appropriate program 5 management controls and contractor oversight mecha6 nisms in place, and that the program is compatible with 7 the enterprise architecture of the Department of Justice. 8

SEC. 210. The notification thresholds and procedures

9 set forth in section 505 of this Act shall apply to devi10 ations from the amounts designated for specific activities 11 in this Act and in the explanatory statement described in 12 section 4 (in the matter preceding division A of this con13 solidated Act), and to any use of deobligated balances of 14 funds provided under this title in previous years. 15

SEC. 211. None of the funds appropriated by this Act

16 may be used to plan for, begin, continue, finish, process, 17 or approve a public-private competition under the Office 18 of Management and Budget Circular A–76 or any suc19 cessor administrative regulation, directive, or policy for 20 work performed by employees of the Bureau of Prisons 21 or of Federal Prison Industries, Incorporated. 22

SEC. 212. Notwithstanding any other provision of

23 law, no funds shall be available for the salary, benefits, 24 or expenses of any United States Attorney assigned dual 25 or additional responsibilities by the Attorney General or

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154 1 his designee that exempt that United States Attorney 2 from the residency requirements of section 545 of title 28, 3 United States Code. 4

SEC. 213. At the discretion of the Attorney General,

5 and in addition to any amounts that otherwise may be 6 available (or authorized to be made available) by law, with 7 respect to funds appropriated by this title under the head8 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 9 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus10 tice Programs’’— 11

(1) up to 3 percent of funds made available to

12

the Office of Justice Programs for grant or reim-

13

bursement programs may be used by such Office to

14

provide training and technical assistance; and

15

(2) up to 2 percent of funds made available for

16

grant or reimbursement programs under such head-

17

ings, except for amounts appropriated specifically for

18

research, evaluation, or statistical programs adminis-

19

tered by the National Institute of Justice and the

20

Bureau of Justice Statistics, shall be transferred to

21

and merged with funds provided to the National In-

22

stitute of Justice and the Bureau of Justice Statis-

23

tics, to be used by them for research, evaluation, or

24

statistical purposes, without regard to the authoriza-

25

tions for such grant or reimbursement programs.

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155 1

SEC. 214. Upon request by a grantee for whom the

2 Attorney General has determined there is a fiscal hard3 ship, the Attorney General may, with respect to funds ap4 propriated in this or any other Act making appropriations 5 for fiscal years 2011 through 2014 for the following pro6 grams, waive the following requirements: 7

(1) For the adult and juvenile offender State

8

and local reentry demonstration projects under part

9

FF of title I of the Omnibus Crime Control and

10

Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)),

11

the requirements under section 2976(g)(1) of such

12

part.

13

(2) For State, Tribal, and local reentry courts

14

under part FF of title I of such Act of 1968 (42

15

U.S.C. 3797w–2(e)(1) and (2)), the requirements

16

under section 2978(e)(1) and (2) of such part.

17

(3) For the prosecution drug treatment alter-

18

natives to prison program under part CC of title I

19

of such Act of 1968 (42 U.S.C. 3797q–3), the re-

20

quirements under section 2904 of such part.

21

(4) For grants to protect inmates and safe-

22

guard communities as authorized by section 6 of the

23

Prison Rape Elimination Act of 2003 (42 U.S.C.

24

15605(c)(3)), the requirements of section 6(c)(3) of

25

such Act.

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156 1

SEC. 215. Notwithstanding any other provision of

2 law, section 20109(a) of subtitle A of title II of the Violent 3 Crime Control and Law Enforcement Act of 1994 (42 4 U.S.C. 13709(a)) shall not apply to amounts made avail5 able by this or any other Act. 6

SEC. 216. None of the funds made available under

7 this Act, other than for the national instant criminal back8 ground check system established under section 103 of the 9 Brady Handgun Violence Prevention Act (18 U.S.C. 922 10 note), may be used by a Federal law enforcement officer 11 to facilitate the transfer of an operable firearm to an indi12 vidual if the Federal law enforcement officer knows or sus13 pects that the individual is an agent of a drug cartel, un14 less law enforcement personnel of the United States con15 tinuously monitor or control the firearm at all times. 16

SEC. 217. (a) None of the income retained in the De-

17 partment of Justice Working Capital Fund pursuant to 18 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 19 527 note) shall be available for obligation during fiscal 20 year 2014. 21

(b) Not to exceed $30,000,000 of the unobligated bal-

22 ances transferred to the capital account of the Department 23 of Justice Working Capital Fund pursuant to title I of 24 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 25 shall be available for obligation in fiscal year 2014, and

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157 1 any use, obligation, transfer or allocation of such funds 2 shall be treated as a reprogramming of funds under sec3 tion 505 of this Act. 4

(c) Not to exceed $10,000,000 of the excess unobli-

5 gated balances available under section 524(c)(8)(E) of 6 title 28, United States Code, shall be available for obliga7 tion during fiscal year 2014, and any use, obligation, 8 transfer or allocation of such funds shall be treated as a 9 reprogramming of funds under section 505 of this Act. 10

(d) Of amounts available in the Assets Forfeiture

11 Fund in fiscal year 2014, $154,700,000 shall be for pay12 ments associated with joint law enforcement operations as 13 authorized by section 524(c)(1)(I) of title 28, United 14 States Code. 15

(e) The Attorney General shall submit a spending

16 plan to the Committees on Appropriations of the House 17 of Representatives and the Senate not later than 30 days 18 after the date of enactment of this Act detailing the 19 planned distribution of Assets Forfeiture Fund joint law 20 enforcement operations funding during fiscal year 2014. 21

(f) Subsections (a) through (d) of this section shall

22 sunset on September 30, 2014. 23

This title may be cited as the ‘‘Department of Justice

24 Appropriations Act, 2014’’.

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158 1

TITLE III

2

SCIENCE

3

OFFICE

4

For necessary expenses of the Office of Science and

OF

SCIENCE

AND

TECHNOLOGY POLICY

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 8 passenger motor vehicles, and services as authorized by 9 section 3109 of title 5, United States Code, not to exceed 10 $2,250 for official reception and representation expenses, 11 and rental of conference rooms in the District of Colum12 bia, $5,555,000. 13

NATIONAL AERONAUTICS

14

AND

SPACE ADMINISTRATION

SCIENCE

15

For necessary expenses, not otherwise provided for,

16 in the conduct and support of science research and devel17 opment activities, including research, development, oper18 ations, support, and services; maintenance and repair, fa19 cility planning and design; space flight, spacecraft control, 20 and communications activities; program management; per21 sonnel and related costs, including uniforms or allowances 22 therefor, as authorized by sections 5901 and 5902 of title 23 5, United States Code; travel expenses; purchase and hire 24 of passenger motor vehicles; and purchase, lease, charter, 25 maintenance, and operation of mission and administrative

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159 1 aircraft, $5,151,200,000, to remain available until Sep2 tember 30, 2015: Provided, That the formulation and de3 velopment costs (with development cost as defined under 4 section 30104 of title 51, United States Code) for the 5 James

Webb

Space

Telescope

shall

not

exceed

6 $8,000,000,000: Provided further, That should the indi7 vidual identified under subsection (c)(2)(E) of section 8 30104 of title 51, United States Code, as responsible for 9 the James Webb Space Telescope determine that the de10 velopment cost of the program is likely to exceed that limi11 tation, the individual shall immediately notify the Admin12 istrator and the increase shall be treated as if it meets 13 the 30 percent threshold described in subsection (f) of sec14 tion 30104: Provided further, That $80,000,000 shall be 15 for pre-formulation and/or formulation activities for a mis16 sion that meets the science goals outlined for the Jupiter 17 Europa mission in the most recent planetary science 18 decadal survey. 19

AERONAUTICS

20

For necessary expenses, not otherwise provided for,

21 in the conduct and support of aeronautics research and 22 development activities, including research, development, 23 operations, support, and services; maintenance and repair, 24 facility planning and design; space flight, spacecraft con25 trol, and communications activities; program manage-

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160 1 ment; personnel and related costs, including uniforms or 2 allowances therefor, as authorized by sections 5901 and 3 5902 of title 5, United States Code; travel expenses; pur4 chase and hire of passenger motor vehicles; and purchase, 5 lease, charter, maintenance, and operation of mission and 6 administrative aircraft, $566,000,000, to remain available 7 until September 30, 2015. 8

SPACE TECHNOLOGY

9

For necessary expenses, not otherwise provided for,

10 in the conduct and support of space research and tech11 nology development activities, including research, develop12 ment, operations, support, and services; maintenance and 13 repair, facility planning and design; space flight, space14 craft control, and communications activities; program 15 management; personnel and related costs, including uni16 forms or allowances therefor, as authorized by sections 17 5901 and 5902 of title 5, United States Code; travel ex18 penses; purchase and hire of passenger motor vehicles; and 19 purchase, lease, charter, maintenance, and operation of 20 mission and administrative aircraft, $576,000,000, to re21 main available until September 30, 2015. 22

EXPLORATION

23

For necessary expenses, not otherwise provided for,

24 in the conduct and support of exploration research and 25 development activities, including research, development,

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161 1 operations, support, and services; maintenance and repair, 2 facility planning and design; space flight, spacecraft con3 trol, and communications activities; program manage4 ment; personnel and related costs, including uniforms or 5 allowances therefor, as authorized by sections 5901 and 6 5902 of title 5, United States Code; travel expenses; pur7 chase and hire of passenger motor vehicles; and purchase, 8 lease, charter, maintenance, and operation of mission and 9 administrative aircraft, $4,113,200,000, to remain avail10 able until September 30, 2015: Provided, That not less 11 than $1,197,000,000 shall be for the Orion Multi-Purpose 12 Crew Vehicle: Provided further, That not less than 13 $1,918,200,000 shall be for the Space Launch System, 14 which shall have a lift capability not less than 130 metric 15 tons and which shall have an upper stage and other core 16 elements developed simultaneously: Provided further, That 17 of the funds made available for the Space Launch System, 18 $1,600,000,000 shall be for launch vehicle development 19 and $318,200,000 shall be for exploration ground sys20 tems: Provided further, That funds made available for the 21 Orion Multi-Purpose Crew Vehicle and Space Launch Sys22 tem are in addition to funds provided for these programs 23 under the ‘‘Construction and Environmental Compliance 24 and

Restoration’’

heading:

Provided

further,

That

25 $696,000,000 shall be for commercial spaceflight activi-

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162 1 ties, of which $171,000,000 shall be made available after 2 the Administrator of the National Aeronautics and Space 3 Administration has certified that the commercial crew pro4 gram has undergone an independent benefit-cost analysis 5 that takes into consideration the total Federal investment 6 in the commercial crew program and the expected oper7 ational life of the International Space Station as described 8 in the explanatory statement described in section 4 (in the 9 matter preceding division A of this consolidated Act): Pro10 vided further, That $302,000,000 shall be for exploration 11 research and development. 12

SPACE OPERATIONS

13

For necessary expenses, not otherwise provided for,

14 in the conduct and support of space operations research 15 and development activities, including research, develop16 ment, operations, support and services; space flight, space17 craft control and communications activities, including op18 erations, production, and services; maintenance and re19 pair, facility planning and design; program management; 20 personnel and related costs, including uniforms or allow21 ances therefor, as authorized by sections 5901 and 5902 22 of title 5, United States Code; travel expenses; purchase 23 and hire of passenger motor vehicles; and purchase, lease, 24 charter, maintenance and operation of mission and admin-

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163 1 istrative aircraft, $3,778,000,000, to remain available 2 until September 30, 2015. 3

EDUCATION

4

For necessary expenses, not otherwise provided for,

5 in carrying out aerospace and aeronautical education re6 search and development activities, including research, de7 velopment, operations, support, and services; program 8 management; personnel and related costs, including uni9 forms or allowances therefor, as authorized by sections 10 5901 and 5902 of title 5, United States Code; travel ex11 penses; purchase and hire of passenger motor vehicles; and 12 purchase, lease, charter, maintenance, and operation of 13 mission and administrative aircraft, $116,600,000, to re14 main available until September 30, 2015, of which 15 $18,000,000 shall be for the Experimental Program to 16 Stimulate Competitive Research and $40,000,000 shall be 17 for the National Space Grant College program. 18

CROSS AGENCY SUPPORT

19

For necessary expenses, not otherwise provided for,

20 in the conduct and support of science, aeronautics, explo21 ration, space operations and education research and devel22 opment activities, including research, development, oper23 ations, support, and services; maintenance and repair, fa24 cility planning and design; space flight, spacecraft control, 25 and communications activities; program management; per-

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164 1 sonnel and related costs, including uniforms or allowances 2 therefor, as authorized by sections 5901 and 5902 of title 3 5, United States Code; travel expenses; purchase and hire 4 of passenger motor vehicles; not to exceed $63,000 for of5 ficial reception and representation expenses; and purchase, 6 lease, charter, maintenance, and operation of mission and 7 administrative aircraft, $2,793,000,000, to remain avail8 able until September 30, 2015: Provided, That not less 9 than $39,100,000 shall be available for independent 10 verification and validation activities. 11

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

12

RESTORATION

13

For necessary expenses for construction of facilities

14 including repair, rehabilitation, revitalization, and modi15 fication of facilities, construction of new facilities and ad16 ditions to existing facilities, facility planning and design, 17 and restoration, and acquisition or condemnation of real 18 property, as authorized by law, and environmental compli19 ance and restoration, $515,000,000, to remain available 20 until September 30, 2019: Provided, That proceeds from 21 leases deposited into this account shall be available for a 22 period of 5 years to the extent and in amounts as provided 23 in annual appropriations Acts: Provided further, That such 24 proceeds referred to in the preceding proviso shall be avail25 able for obligation for fiscal year 2014 in an amount not

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165 1 to exceed $9,584,100: Provided further, That each annual 2 budget request shall include an annual estimate of gross 3 receipts and collections and proposed use of all funds col4 lected pursuant to section 315 of the National Aeronautics 5 and Space Act of 1958 (51 U.S.C. 20145). 6

OFFICE OF INSPECTOR GENERAL

7

For necessary expenses of the Office of Inspector

8 General in carrying out the Inspector General Act of 1978, 9 $37,500,000, of which $500,000 shall remain available 10 until September 30, 2015. 11

ADMINISTRATIVE PROVISIONS

12

Funds for announced prizes otherwise authorized

13 shall remain available, without fiscal year limitation, until 14 the prize is claimed or the offer is withdrawn. 15

Not to exceed 5 percent of any appropriation made

16 available for the current fiscal year for the National Aero17 nautics and Space Administration in this Act may be 18 transferred between such appropriations, but no such ap19 propriation, except as otherwise specifically provided, shall 20 be increased by more than 10 percent by any such trans21 fers. Balances so transferred shall be merged with and 22 available for the same purposes and the same time period 23 as the appropriations to which transferred. Any transfer 24 pursuant to this provision shall be treated as a reprogram25 ming of funds under section 505 of this Act and shall not

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166 1 be available for obligation except in compliance with the 2 procedures set forth in that section. 3

The spending plan required by this Act shall be pro-

4 vided by NASA at the theme, program, project and activ5 ity level. The spending plan, as well as any subsequent 6 change of an amount established in that spending plan 7 that meets the notification requirements of section 505 of 8 this Act, shall be treated as a reprogramming under sec9 tion 505 of this Act and shall not be available for obliga10 tion or expenditure except in compliance with the proce11 dures set forth in that section. 12

NATIONAL SCIENCE FOUNDATION

13

RESEARCH AND RELATED ACTIVITIES

14

For necessary expenses in carrying out the National

15 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 16 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 17 as authorized by section 3109 of title 5, United States 18 Code; maintenance and operation of aircraft and purchase 19 of flight services for research support; acquisition of air20 craft; and authorized travel; $5,808,918,000, to remain 21 available until September 30, 2015, of which not to exceed 22 $520,000,000 shall remain available until expended for 23 polar research and operations support, and for reimburse24 ment to other Federal agencies for operational and science 25 support and logistical and other related activities for the

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167 1 United States Antarctic program: Provided, That receipts 2 for scientific support services and materials furnished by 3 the National Research Centers and other National Science 4 Foundation supported research facilities may be credited 5 to this appropriation: Provided further, That not less than 6 $158,190,000 shall be available for activities authorized 7 by section 7002(c)(2)(A)(iv) of Public Law 110–69. 8

MAJOR RESEARCH EQUIPMENT AND FACILITIES

9

CONSTRUCTION

10

For necessary expenses for the acquisition, construc-

11 tion, commissioning, and upgrading of major research 12 equipment, facilities, and other such capital assets pursu13 ant to the National Science Foundation Act of 1950 (42 14 U.S.C. 1861 et seq.), including authorized travel, 15 $200,000,000, to remain available until expended. 16

EDUCATION AND HUMAN RESOURCES

17

For necessary expenses in carrying out science, math-

18 ematics and engineering education and human resources 19 programs and activities pursuant to the National Science 20 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ21 ing services as authorized by section 3109 of title 5, 22 United States Code, authorized travel, and rental of con23 ference rooms in the District of Columbia, $846,500,000, 24 to remain available until September 30, 2015: Provided, 25 That not less than $60,890,000 shall be available until

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168 1 expended for activities authorized by section 7030 of Pub2 lic Law 110–69. 3

AGENCY OPERATIONS AND AWARD MANAGEMENT

4

For agency operations and award management nec-

5 essary in carrying out the National Science Foundation 6 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 7 by section 3109 of title 5, United States Code; hire of pas8 senger motor vehicles; uniforms or allowances therefor, as 9 authorized by sections 5901 and 5902 of title 5, United 10 States Code; rental of conference rooms in the District of 11 Columbia; and reimbursement of the Department of 12 Homeland

Security

for

security

guard

services;

13 $298,000,000: Provided, That not to exceed $8,280 is for 14 official reception and representation expenses: Provided 15 further, That contracts may be entered into under this 16 heading in fiscal year 2014 for maintenance and operation 17 of facilities and for other services to be provided during 18 the next fiscal year. 19

OFFICE OF THE NATIONAL SCIENCE BOARD

20

For necessary expenses (including payment of sala-

21 ries, authorized travel, hire of passenger motor vehicles, 22 the rental of conference rooms in the District of Columbia, 23 and the employment of experts and consultants under sec24 tion 3109 of title 5, United States Code) involved in car25 rying out section 4 of the National Science Foundation

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169 1 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 2 (42 U.S.C. 1880 et seq.), $4,300,000: Provided, That not 3 to exceed $2,500 shall be available for official reception 4 and representation expenses. 5

OFFICE OF INSPECTOR GENERAL

6

For necessary expenses of the Office of Inspector

7 General as authorized by the Inspector General Act of 8 1978, $14,200,000, of which $400,000 shall remain avail9 able until September 30, 2015. 10

ADMINISTRATIVE PROVISION

11

Not to exceed 5 percent of any appropriation made

12 available for the current fiscal year for the National 13 Science Foundation in this Act may be transferred be14 tween such appropriations, but no such appropriation shall 15 be increased by more than 15 percent by any such trans16 fers. Any transfer pursuant to this section shall be treated 17 as a reprogramming of funds under section 505 of this 18 Act and shall not be available for obligation except in com19 pliance with the procedures set forth in that section. 20

This title may be cited as the ‘‘Science Appropria-

21 tions Act, 2014’’.

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170 1

TITLE IV

2

RELATED AGENCIES

3

COMMISSION

ON

CIVIL RIGHTS

4

SALARIES AND EXPENSES

5

(INCLUDING TRANSFER OF FUNDS)

6

For necessary expenses of the Commission on Civil

7 Rights, including hire of passenger motor vehicles, 8 $9,000,000: Provided, That none of the funds appro9 priated in this paragraph shall be used to employ in excess 10 of four full-time individuals under Schedule C of the Ex11 cepted Service exclusive of one special assistant for each 12 Commissioner: Provided further, That none of the funds 13 appropriated in this paragraph shall be used to reimburse 14 Commissioners for more than 75 billable days, with the 15 exception of the chairperson, who is permitted 125 billable 16 days: Provided further, That none of the funds appro17 priated in this paragraph shall be used for any activity 18 or expense that is not explicitly authorized by section 3 19 of the Civil Rights Commission Act of 1983 (42 U.S.C. 20 1975a): Provided further, That the Inspector General for 21 the Commission on Civil Rights (CCR IG), as provided 22 in Public Law 113–6, is authorized to close out all work 23 related to pending or closed investigations, to complete 24 pending investigations, and to terminate all activities re25 lated to the duties, responsibilities and authorities of the

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171 1 CCR IG: Provided further, That when the CCR IG con2 cludes that all pending investigations have been completed, 3 all work related to pending or closed investigations has 4 been closed out, and all activities related to the duties, 5 responsibilities and authorities of the CCR IG have ended, 6 the CCR IG shall certify that conclusion to the Commit7 tees on Appropriations of the House of Representatives 8 and the Senate, and the Office of the CCR IG shall then 9 be terminated: Provided further, That of the amounts 10 made available in this paragraph, $70,000 shall be trans11 ferred directly to the Office of Inspector General of the 12 Government Accountability Office upon enactment of this 13 Act for salaries and expenses necessary to carry out the 14 completion of pending investigations and the closing and 15 termination of work and activities relating to the duties, 16 responsibilities and authorities of the CCR IG. 17

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18

SALARIES AND EXPENSES

19

For necessary expenses of the Equal Employment

20 Opportunity Commission as authorized by title VII of the 21 Civil Rights Act of 1964, the Age Discrimination in Em22 ployment Act of 1967, the Equal Pay Act of 1963, the 23 Americans with Disabilities Act of 1990, section 501 of 24 the Rehabilitation Act of 1973, the Civil Rights Act of 25 1991, the Genetic Information Non-Discrimination Act

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172 1 (GINA) of 2008 (Public Law 110–233), the ADA Amend2 ments Act of 2008 (Public Law 110–325), and the Lilly 3 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in4 cluding services as authorized by section 3109 of title 5, 5 United States Code; hire of passenger motor vehicles as 6 authorized by section 1343(b) of title 31, United States 7 Code; nonmonetary awards to private citizens; and up to 8 $29,500,000 for payments to State and local enforcement 9 agencies for authorized services to the Commission, 10 $364,000,000: Provided, That the Commission is author11 ized to make available for official reception and represen12 tation expenses not to exceed $2,250 from available funds: 13 Provided further, That the Commission may take no action 14 to implement any workforce repositioning, restructuring, 15 or reorganization until such time as the Committees on 16 Appropriations of the House of Representatives and the 17 Senate have been notified of such proposals, in accordance 18 with the reprogramming requirements of section 505 of 19 this Act: Provided further, That the Chair is authorized 20 to accept and use any gift or donation to carry out the 21 work of the Commission. 22

INTERNATIONAL TRADE COMMISSION

23

SALARIES AND EXPENSES

24

For necessary expenses of the International Trade

25 Commission, including hire of passenger motor vehicles

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173 1 and services as authorized by section 3109 of title 5, 2 United States Code, and not to exceed $2,250 for official 3 reception and representation expenses, $83,000,000, to re4 main available until expended. 5

LEGAL SERVICES CORPORATION

6

PAYMENT TO THE LEGAL SERVICES CORPORATION

7

For payment to the Legal Services Corporation to

8 carry out the purposes of the Legal Services Corporation 9 Act of 1974, $365,000,000, of which $335,700,000 is for 10 basic field programs and required independent audits; 11 $4,350,000 is for the Office of Inspector General, of which 12 such amounts as may be necessary may be used to conduct 13 additional audits of recipients; $18,000,000 is for manage14 ment and grants oversight; $3,450,000 is for client self15 help and information technology; $2,500,000 is for a Pro 16 Bono Innovation Fund; and $1,000,000 is for loan repay17 ment assistance: Provided, That the Legal Services Cor18 poration may continue to provide locality pay to officers 19 and employees at a rate no greater than that provided by 20 the Federal Government to Washington, DC-based em21 ployees as authorized by section 5304 of title 5, United 22 States Code, notwithstanding section 1005(d) of the Legal 23 Services Corporation Act (42 U.S.C. 2996(d)): Provided 24 further, That the authorities provided in section 205 of 25 this Act shall be applicable to the Legal Services Corpora-

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174 1 tion: Provided further, That, for the purposes of section 2 505 of this Act, the Legal Services Corporation shall be 3 considered an agency of the United States Government. 4

ADMINISTRATIVE PROVISION—LEGAL SERVICES

5

CORPORATION

6

None of the funds appropriated in this Act to the

7 Legal Services Corporation shall be expended for any pur8 pose prohibited or limited by, or contrary to any of the 9 provisions of, sections 501, 502, 503, 504, 505, and 506 10 of Public Law 105–119, and all funds appropriated in this 11 Act to the Legal Services Corporation shall be subject to 12 the same terms and conditions set forth in such sections, 13 except that all references in sections 502 and 503 to 1997 14 and 1998 shall be deemed to refer instead to 2013 and 15 2014, respectively. 16

MARINE MAMMAL COMMISSION

17

SALARIES AND EXPENSES

18

For necessary expenses of the Marine Mammal Com-

19 mission as authorized by title II of the Marine Mammal 20 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 21 $3,250,000.

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175 1

OFFICE

OF THE

UNITED STATES TRADE

2

REPRESENTATIVE

3

SALARIES AND EXPENSES

4

For necessary expenses of the Office of the United

5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and 7 consultants as authorized by section 3109 of title 5, 8 United States Code, $52,601,000, of which $1,000,000 9 shall remain available until expended: Provided, That not 10 to exceed $124,000 shall be available for official reception 11 and representation expenses. 12

STATE JUSTICE INSTITUTE

13

SALARIES AND EXPENSES

14

For necessary expenses of the State Justice Institute,

15 as authorized by the State Justice Institute Authorization 16 Act of 1984 (42 U.S.C. 10701 et seq.) $4,900,000, of 17 which $500,000 shall remain available until September 30, 18 2015: Provided, That not to exceed $2,250 shall be avail19 able for official reception and representation expenses: 20 Provided further, That, for the purposes of section 505 21 of this Act, the State Justice Institute shall be considered 22 an agency of the United States Government.

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176 1

TITLE V

2

GENERAL PROVISIONS

3

(INCLUDING RESCISSIONS)

4

SEC. 501. No part of any appropriation contained in

5 this Act shall be used for publicity or propaganda purposes 6 not authorized by the Congress. 7

SEC. 502. No part of any appropriation contained in

8 this Act shall remain available for obligation beyond the 9 current fiscal year unless expressly so provided herein. 10

SEC. 503. The expenditure of any appropriation

11 under this Act for any consulting service through procure12 ment contract, pursuant to section 3109 of title 5, United 13 States Code, shall be limited to those contracts where such 14 expenditures are a matter of public record and available 15 for public inspection, except where otherwise provided 16 under existing law, or under existing Executive order 17 issued pursuant to existing law. 18

SEC. 504. If any provision of this Act or the applica-

19 tion of such provision to any person or circumstances shall 20 be held invalid, the remainder of the Act and the applica21 tion of each provision to persons or circumstances other 22 than those as to which it is held invalid shall not be af23 fected thereby. 24

SEC. 505. None of the funds provided under this Act,

25 or provided under previous appropriations Acts to the

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177 1 agencies funded by this Act that remain available for obli2 gation or expenditure in fiscal year 2014, or provided from 3 any accounts in the Treasury of the United States derived 4 by the collection of fees available to the agencies funded 5 by this Act, shall be available for obligation or expenditure 6 through a reprogramming of funds that: (1) creates or ini7 tiates a new program, project or activity; (2) eliminates 8 a program, project or activity; (3) increases funds or per9 sonnel by any means for any project or activity for which 10 funds have been denied or restricted; (4) relocates an of11 fice or employees; (5) reorganizes or renames offices, pro12 grams or activities; (6) contracts out or privatizes any 13 functions or activities presently performed by Federal em14 ployees; (7) augments existing programs, projects or ac15 tivities in excess of $500,000 or 10 percent, whichever is 16 less, or reduces by 10 percent funding for any program, 17 project or activity, or numbers of personnel by 10 percent; 18 or (8) results from any general savings, including savings 19 from a reduction in personnel, which would result in a 20 change in existing programs, projects or activities as ap21 proved by Congress; unless the House and Senate Com22 mittees on Appropriations are notified 15 days in advance 23 of such reprogramming of funds by agencies (excluding 24 agencies of the Department of Justice) funded by this Act 25 and 45 days in advance of such reprogramming of funds

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178 1 by agencies of the Department of Justice funded by this 2 Act. 3

SEC. 506. (a) If it has been finally determined by

4 a court or Federal agency that any person intentionally 5 affixed a label bearing a ‘‘Made in America’’ inscription, 6 or any inscription with the same meaning, to any product 7 sold in or shipped to the United States that is not made 8 in the United States, the person shall be ineligible to re9 ceive any contract or subcontract made with funds made 10 available in this Act, pursuant to the debarment, suspen11 sion, and ineligibility procedures described in sections 12 9.400 through 9.409 of title 48, Code of Federal Regula13 tions. 14

(b)(1) To the extent practicable, with respect to au-

15 thorized purchases of promotional items, funds made 16 available by this Act shall be used to purchase items that 17 are manufactured, produced, or assembled in the United 18 States, its territories or possessions. 19

(2) The term ‘‘promotional items’’ has the meaning

20 given the term in OMB Circular A–87, Attachment B, 21 Item (1)(f)(3). 22

SEC. 507. (a) The Departments of Commerce and

23 Justice, the National Science Foundation, and the Na24 tional Aeronautics and Space Administration shall provide 25 to the Committees on Appropriations of the House of Rep-

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179 1 resentatives and the Senate a quarterly report on the sta2 tus of balances of appropriations at the account level. For 3 unobligated, uncommitted balances and unobligated, com4 mitted balances the quarterly reports shall separately 5 identify the amounts attributable to each source year of 6 appropriation from which the balances were derived. For 7 balances that are obligated, but unexpended, the quarterly 8 reports shall separately identify amounts by the year of 9 obligation. 10

(b) The report described in subsection (a) shall be

11 submitted within 30 days of the end of the first quarter 12 of fiscal year 2014, and subsequent reports shall be sub13 mitted within 30 days of the end of each quarter there14 after. 15

(c) If a department or agency is unable to fulfill any

16 aspect of a reporting requirement described in subsection 17 (a) due to a limitation of a current accounting system, 18 the department or agency shall fulfill such aspect to the 19 maximum extent practicable under such accounting sys20 tem and shall identify and describe in each quarterly re21 port the extent to which such aspect is not fulfilled. 22

SEC. 508. Any costs incurred by a department or

23 agency funded under this Act resulting from, or to pre24 vent, personnel actions taken in response to funding re25 ductions included in this Act shall be absorbed within the

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180 1 total budgetary resources available to such department or 2 agency: Provided, That the authority to transfer funds be3 tween appropriations accounts as may be necessary to 4 carry out this section is provided in addition to authorities 5 included elsewhere in this Act: Provided further, That use 6 of funds to carry out this section shall be treated as a 7 reprogramming of funds under section 505 of this Act and 8 shall not be available for obligation or expenditure except 9 in compliance with the procedures set forth in that section: 10 Provided further, That for the Department of Commerce, 11 this section shall also apply to actions taken for the care 12 and protection of loan collateral or grant property. 13

SEC. 509. None of the funds provided by this Act

14 shall be available to promote the sale or export of tobacco 15 or tobacco products, or to seek the reduction or removal 16 by any foreign country of restrictions on the marketing 17 of tobacco or tobacco products, except for restrictions 18 which are not applied equally to all tobacco or tobacco 19 products of the same type. 20

SEC. 510. Notwithstanding any other provision of

21 law, amounts deposited or available in the Fund estab22 lished by section 1402 of chapter XIV of title II of Public 23 Law 98–473 (42 U.S.C. 10601) in any fiscal year in ex24 cess of $745,000,000 shall not be available for obligation 25 until the following fiscal year.

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181 1

SEC. 511. None of the funds made available to the

2 Department of Justice in this Act may be used to discrimi3 nate against or denigrate the religious or moral beliefs of 4 students who participate in programs for which financial 5 assistance is provided from those funds, or of the parents 6 or legal guardians of such students. 7

SEC. 512. None of the funds made available in this

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except 10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriations Act. 12

SEC. 513. Any funds provided in this Act used to im-

13 plement E-Government Initiatives shall be subject to the 14 procedures set forth in section 505 of this Act. 15

SEC. 514. (a) The Inspectors General of the Depart-

16 ment of Commerce, the Department of Justice, the Na17 tional Aeronautics and Space Administration, the Na18 tional Science Foundation, and the Legal Services Cor19 poration shall conduct audits, pursuant to the Inspector 20 General Act (5 U.S.C. App.), of grants or contracts for 21 which funds are appropriated by this Act, and shall submit 22 reports to Congress on the progress of such audits, which 23 may include preliminary findings and a description of 24 areas of particular interest, within 180 days after initi-

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182 1 ating such an audit and every 180 days thereafter until 2 any such audit is completed. 3

(b) Within 60 days after the date on which an audit

4 described in subsection (a) by an Inspector General is 5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results 10 shall be made available in redacted form to exclude— 11

(1) any matter described in section 552(b) of

12

title 5, United States Code; and

13

(2) sensitive personal information for any indi-

14

vidual, the public access to which could be used to

15

commit identity theft or for other inappropriate or

16

unlawful purposes.

17

(c) A grant or contract funded by amounts appro-

18 priated by this Act may not be used for the purpose of 19 defraying the costs of a banquet or conference that is not 20 directly and programmatically related to the purpose for 21 which the grant or contract was awarded, such as a ban22 quet or conference held in connection with planning, train23 ing, assessment, review, or other routine purposes related 24 to a project funded by the grant or contract.

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183 1

(d) Any person awarded a grant or contract funded

2 by amounts appropriated by this Act shall submit a state3 ment to the Secretary of Commerce, the Attorney General, 4 the Administrator, Director, or President, as appropriate, 5 certifying that no funds derived from the grant or contract 6 will be made available through a subcontract or in any 7 other manner to another person who has a financial inter8 est in the person awarded the grant or contract. 9

(e) The provisions of the preceding subsections of this

10 section shall take effect 30 days after the date on which 11 the Director of the Office of Management and Budget, in 12 consultation with the Director of the Office of Government 13 Ethics, determines that a uniform set of rules and require14 ments, substantially similar to the requirements in such 15 subsections, consistently apply under the executive branch 16 ethics program to all Federal departments, agencies, and 17 entities. 18

SEC. 515. (a) None of the funds appropriated or oth-

19 erwise made available under this Act may be used by the 20 Departments of Commerce and Justice, the National Aer21 onautics and Space Administration, or the National 22 Science Foundation to acquire a high-impact or moderate23 impact information system, as defined for security cat24 egorization in the National Institute of Standards and 25 Technology’s (NIST) Federal Information Processing

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184 1 Standard Publication 199, ‘‘Standards for Security Cat2 egorization of Federal Information and Information Sys3 tems’’ unless the agency has— 4

(1) reviewed the supply chain risk for the infor-

5

mation systems against criteria developed by NIST

6

to inform acquisition decisions for high-impact and

7

moderate-impact information systems within the

8

Federal Government;

9

(2) reviewed the supply chain risk from the pre-

10

sumptive awardee against available and relevant

11

threat information provided by the Federal Bureau

12

of Investigation and other appropriate agencies; and

13

(3) in consultation with the Federal Bureau of

14

Investigation or other appropriate Federal entity,

15

conducted an assessment of any risk of cyber-espio-

16

nage or sabotage associated with the acquisition of

17

such system, including any risk associated with such

18

system being produced, manufactured, or assembled

19

by one or more entities identified by the United

20

States Government as posing a cyber threat, includ-

21

ing but not limited to, those that may be owned, di-

22

rected, or subsidized by the People’s Republic of

23

China.

24

(b) None of the funds appropriated or otherwise

25 made available under this Act may be used to acquire a

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185 1 high-impact or moderate-impact information system re2 viewed and assessed under subsection (a) unless the head 3 of the assessing entity described in subsection (a) has— 4

(1) developed, in consultation with NIST and

5

supply chain risk management experts, a mitigation

6

strategy for any identified risks;

7

(2) determined that the acquisition of such sys-

8

tem is in the national interest of the United States;

9

and

10

(3) reported that determination to the Commit-

11

tees on Appropriations of the House of Representa-

12

tives and the Senate.

13

SEC. 516. None of the funds made available in this

14 Act shall be used in any way whatsoever to support or 15 justify the use of torture by any official or contract em16 ployee of the United States Government. 17

SEC. 517. (a) Notwithstanding any other provision

18 of law or treaty, none of the funds appropriated or other19 wise made available under this Act or any other Act may 20 be expended or obligated by a department, agency, or in21 strumentality of the United States to pay administrative 22 expenses or to compensate an officer or employee of the 23 United States in connection with requiring an export li24 cense for the export to Canada of components, parts, ac25 cessories or attachments for firearms listed in Category

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186 1 I, section 121.1 of title 22, Code of Federal Regulations 2 (International Trafficking in Arms Regulations (ITAR), 3 part 121, as it existed on April 1, 2005) with a total value 4 not exceeding $500 wholesale in any transaction, provided 5 that the conditions of subsection (b) of this section are 6 met by the exporting party for such articles. 7

(b) The foregoing exemption from obtaining an ex-

8 port license— 9

(1) does not exempt an exporter from filing any

10

Shipper’s Export Declaration or notification letter

11

required by law, or from being otherwise eligible

12

under the laws of the United States to possess, ship,

13

transport, or export the articles enumerated in sub-

14

section (a); and

15

(2) does not permit the export without a license

16

of—

17

(A) fully automatic firearms and compo-

18

nents and parts for such firearms, other than

19

for end use by the Federal Government, or a

20

Provincial or Municipal Government of Canada;

21

(B) barrels, cylinders, receivers (frames) or

22

complete breech mechanisms for any firearm

23

listed in Category I, other than for end use by

24

the Federal Government, or a Provincial or Mu-

25

nicipal Government of Canada; or

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187 1

(C) articles for export from Canada to an-

2

other foreign destination.

3

(c) In accordance with this section, the District Di-

4 rectors of Customs and postmasters shall permit the per5 manent or temporary export without a license of any un6 classified articles specified in subsection (a) to Canada for 7 end use in Canada or return to the United States, or tem8 porary import of Canadian-origin items from Canada for 9 end use in the United States or return to Canada for a 10 Canadian citizen. 11

(d) The President may require export licenses under

12 this section on a temporary basis if the President deter13 mines, upon publication first in the Federal Register, that 14 the Government of Canada has implemented or main15 tained inadequate import controls for the articles specified 16 in subsection (a), such that a significant diversion of such 17 articles has and continues to take place for use in inter18 national terrorism or in the escalation of a conflict in an19 other nation. The President shall terminate the require20 ments of a license when reasons for the temporary require21 ments have ceased. 22

SEC. 518. Notwithstanding any other provision of

23 law, no department, agency, or instrumentality of the 24 United States receiving appropriated funds under this Act 25 or any other Act shall obligate or expend in any way such

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188 1 funds to pay administrative expenses or the compensation 2 of any officer or employee of the United States to deny 3 any application submitted pursuant to 22 U.S.C. 4 2778(b)(1)(B) and qualified pursuant to 27 CFR section 5 478.112 or .113, for a permit to import United States ori6 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 7

SEC. 519. None of the funds made available in this

8 Act may be used to include in any new bilateral or multi9 lateral trade agreement the text of— 10

(1) paragraph 2 of article 16.7 of the United

11

States-Singapore Free Trade Agreement;

12

(2) paragraph 4 of article 17.9 of the United

13

States-Australia Free Trade Agreement; or

14

(3) paragraph 4 of article 15.9 of the United

15

States-Morocco Free Trade Agreement.

16

SEC. 520. None of the funds made available in this

17 Act may be used to authorize or issue a national security 18 letter in contravention of any of the following laws author19 izing the Federal Bureau of Investigation to issue national 20 security letters: The Right to Financial Privacy Act; The 21 Electronic Communications Privacy Act; The Fair Credit 22 Reporting Act; The National Security Act of 1947; USA 23 PATRIOT Act; and the laws amended by these Acts. 24

SEC. 521. If at any time during any quarter, the pro-

25 gram manager of a project within the jurisdiction of the

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189 1 Departments of Commerce or Justice, the National Aero2 nautics and Space Administration, or the National Science 3 Foundation totaling more than $75,000,000 has reason4 able cause to believe that the total program cost has in5 creased by 10 percent, the program manager shall imme6 diately inform the respective Secretary, Administrator, or 7 Director. The Secretary, Administrator, or Director shall 8 notify the House and Senate Committees on Appropria9 tions within 30 days in writing of such increase, and shall 10 include in such notice: the date on which such determina11 tion was made; a statement of the reasons for such in12 creases; the action taken and proposed to be taken to con13 trol future cost growth of the project; changes made in 14 the performance or schedule milestones and the degree to 15 which such changes have contributed to the increase in 16 total program costs or procurement costs; new estimates 17 of the total project or procurement costs; and a statement 18 validating that the project’s management structure is ade19 quate to control total project or procurement costs. 20

SEC. 522. Funds appropriated by this Act, or made

21 available by the transfer of funds in this Act, for intel22 ligence or intelligence related activities are deemed to be 23 specifically authorized by the Congress for purposes of sec24 tion 504 of the National Security Act of 1947 (50 U.S.C.

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190 1 414) during fiscal year 2014 until the enactment of the 2 Intelligence Authorization Act for fiscal year 2014. 3

SEC. 523. None of the funds appropriated or other-

4 wise made available by this Act may be used to enter into 5 a contract in an amount greater than $5,000,000 or to 6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 8 agency awarding the contract or grant that, to the best 9 of its knowledge and belief, the contractor or grantee has 10 filed all Federal tax returns required during the three 11 years preceding the certification, has not been convicted 12 of a criminal offense under the Internal Revenue Code of 13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment 15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or 17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or 20 judicial proceeding. 21

(RESCISSIONS)

22

SEC. 524. (a) Of the unobligated balances available

23 for ‘‘Department of Commerce, National Telecommuni24 cations and Information Administration, Public Tele-

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191 1 communications Facilities, Planning and Construction’’, 2 $8,500,000 is hereby rescinded. 3

(b) Of the unobligated balances available to the De-

4 partment of Justice, the following funds are hereby re5 scinded, not later than September 30, 2014, from the fol6 lowing accounts in the specified amounts— 7

(1) ‘‘Working Capital Fund’’, $30,000,000;

8

(2) ‘‘Legal Activities, Assets Forfeiture Fund’’,

9

$83,600,000;

10

(3) ‘‘State and Local Law Enforcement Activi-

11

ties, Office on Violence Against Women, Violence

12

Against Women Prevention and Prosecution Pro-

13

grams’’, $12,200,000;

14

(4) ‘‘State and Local Law Enforcement Activi-

15

ties, Office of Justice Programs’’, $59,000,000; and

16

(5) ‘‘State and Local Law Enforcement Activi-

17

ties,

18

$26,000,000.

19

(c) The Department of Justice shall submit to the

Community

Oriented

Policing

Services’’,

20 Committees on Appropriations of the House of Represent21 atives and the Senate a report no later than September 22 1, 2014, specifying the amount of each rescission made 23 pursuant to subsection (b). 24

SEC. 525. None of the funds made available in this

25 Act may be used to purchase first class or premium airline

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192 1 travel in contravention of sections 301–10.122 through 2 301–10.124 of title 41 of the Code of Federal Regulations. 3

SEC. 526. None of the funds made available in this

4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 employees from a Federal depart6 ment or agency at any single conference occurring outside 7 the United States unless such conference is a law enforce8 ment training or operational conference for law enforce9 ment personnel and the majority of Federal employees in 10 attendance are law enforcement personnel stationed out11 side the United States. 12

SEC. 527. None of the funds appropriated or other-

13 wise made available in this Act may be used in a manner 14 that is inconsistent with the principal negotiating objective 15 of the United States with respect to trade remedy laws 16 to preserve the ability of the United States— 17

(1) to enforce vigorously its trade laws, includ-

18

ing antidumping, countervailing duty, and safeguard

19

laws;

20

(2) to avoid agreements that—

21

(A) lessen the effectiveness of domestic

22

and international disciplines on unfair trade, es-

23

pecially dumping and subsidies; or

24

(B) lessen the effectiveness of domestic

25

and international safeguard provisions, in order

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193 1

to ensure that United States workers, agricul-

2

tural producers, and firms can compete fully on

3

fair terms and enjoy the benefits of reciprocal

4

trade concessions; and

5

(3) to address and remedy market distortions

6

that lead to dumping and subsidization, including

7

overcapacity, cartelization, and market-access bar-

8

riers.

9

SEC. 528. None of the funds appropriated or other-

10 wise made available in this or any other Act may be used 11 to transfer, release, or assist in the transfer or release to 12 or within the United States, its territories, or possessions 13 Khalid Sheikh Mohammed or any other detainee who— 14

(1) is not a United States citizen or a member

15

of the Armed Forces of the United States; and

16

(2) is or was held on or after June 24, 2009,

17

at the United States Naval Station, Guantanamo

18

Bay, Cuba, by the Department of Defense.

19

SEC. 529. (a) None of the funds appropriated or oth-

20 erwise made available in this or any other Act may be used 21 to construct, acquire, or modify any facility in the United 22 States, its territories, or possessions to house any indi23 vidual described in subsection (c) for the purposes of de24 tention or imprisonment in the custody or under the effec25 tive control of the Department of Defense.

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194 1

(b) The prohibition in subsection (a) shall not apply

2 to any modification of facilities at United States Naval 3 Station, Guantanamo Bay, Cuba. 4

(c) An individual described in this subsection is any

5 individual who, as of June 24, 2009, is located at United 6 States Naval Station, Guantanamo Bay, Cuba, and who— 7

(1) is not a citizen of the United States or a

8

member of the Armed Forces of the United States;

9

and

10

(2) is—

11

(A) in the custody or under the effective

12

control of the Department of Defense; or

13

(B) otherwise under detention at United

14

States Naval Station, Guantanamo Bay, Cuba.

15

SEC. 530. To the extent practicable, funds made

16 available in this Act should be used to purchase light bulbs 17 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En18 ergy Management Program’’ designation. 19

SEC. 531. The Director of the Office of Management

20 and Budget shall instruct any department, agency, or in21 strumentality of the United States receiving funds appro22 priated under this Act to track undisbursed balances in 23 expired grant accounts and include in its annual perform24 ance plan and performance and accountability reports the 25 following:

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195 1

(1) Details on future action the department,

2

agency, or instrumentality will take to resolve

3

undisbursed balances in expired grant accounts.

4

(2) The method that the department, agency, or

5

instrumentality uses to track undisbursed balances

6

in expired grant accounts.

7

(3) Identification of undisbursed balances in ex-

8

pired grant accounts that may be returned to the

9

Treasury of the United States.

10

(4) In the preceding 3 fiscal years, details on

11

the total number of expired grant accounts with

12

undisbursed balances (on the first day of each fiscal

13

year) for the department, agency, or instrumentality

14

and the total finances that have not been obligated

15

to a specific project remaining in the accounts.

16

SEC. 532. (a) None of the funds made available by

17 this Act may be used for the National Aeronautics and 18 Space Administration (NASA) or the Office of Science 19 and Technology Policy (OSTP) to develop, design, plan, 20 promulgate, implement, or execute a bilateral policy, pro21 gram, order, or contract of any kind to participate, col22 laborate, or coordinate bilaterally in any way with China 23 or any Chinese-owned company unless such activities are 24 specifically authorized by a law enacted after the date of 25 enactment of this Act.

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196 1

(b) None of the funds made available by this Act may

2 be used to effectuate the hosting of official Chinese visitors 3 at facilities belonging to or utilized by NASA. 4

(c) The limitations described in subsections (a) and

5 (b) shall not apply to activities which NASA or OSTP has 6 certified— 7

(1) pose no risk of resulting in the transfer of

8

technology, data, or other information with national

9

security or economic security implications to China

10

or a Chinese-owned company; and

11

(2) will not involve knowing interactions with

12

officials who have been determined by the United

13

States to have direct involvement with violations of

14

human rights.

15

(d) Any certification made under subsection (c) shall

16 be submitted to the Committees on Appropriations of the 17 House of Representatives and the Senate no later than 18 30 days prior to the activity in question and shall include 19 a description of the purpose of the activity, its agenda, 20 its major participants, and its location and timing. 21

SEC. 533. None of the funds made available by this

22 Act may be used to pay the salaries or expenses of per23 sonnel to deny, or fail to act on, an application for the 24 importation of any model of shotgun if—

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197 1

(1) all other requirements of law with respect to

2

the proposed importation are met; and

3

(2) no application for the importation of such

4

model of shotgun, in the same configuration, had

5

been denied by the Attorney General prior to Janu-

6

ary 1, 2011, on the basis that the shotgun was not

7

particularly suitable for or readily adaptable to

8

sporting purposes.

9

SEC. 534. (a) None of the funds made available in

10 this Act may be used to maintain or establish a computer 11 network unless such network blocks the viewing, 12 downloading, and exchanging of pornography. 13

(b) Nothing in subsection (a) shall limit the use of

14 funds necessary for any Federal, State, tribal, or local law 15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 17

SEC. 535. The Departments of Commerce and Jus-

18 tice, the National Aeronautics and Space Administration, 19 and the National Science Foundation shall submit spend20 ing plans, signed by the respective department or agency 21 head, to the Committees on Appropriations of the House 22 of Representatives and the Senate within 30 days after 23 the date of enactment of this Act. 24

SEC. 536. None of the funds made available by this

25 Act may be used to enter into a contract, memorandum

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198 1 of understanding, or cooperative agreement with, make a 2 grant to, or provide a loan or loan guarantee to, any cor3 poration that was convicted of a felony criminal violation 4 under any Federal law within the preceding 24 months, 5 where the awarding agency is aware of the conviction, un6 less the agency has considered suspension or debarment 7 of the corporation and has made a determination that this 8 further action is not necessary to protect the interests of 9 the Government. 10

SEC. 537. None of the funds made available by this

11 Act may be used to enter into a contract, memorandum 12 of understanding, or cooperative agreement with, make a 13 grant to, or provide a loan or loan guarantee to, any cor14 poration that has any unpaid Federal tax liability that has 15 been assessed, for which all judicial and administrative 16 remedies have been exhausted or have lapsed, and that 17 is not being paid in a timely manner pursuant to an agree18 ment with the authority responsible for collecting the tax 19 liability, where the awarding agency is aware of the unpaid 20 tax liability, unless the agency has considered suspension 21 or debarment of the corporation and has made a deter22 mination that this further action is not necessary to pro23 tect the interests of the Government.

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199 1

This division may be cited as the ‘‘Commerce, Jus-

2 tice, Science, and Related Agencies Appropriations Act, 3 2014’’.

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200 1

DIVISION C—DEPARTMENT OF DEFENSE

2

APPROPRIATIONS ACT, 2014

3

TITLE I

4

MILITARY PERSONNEL

5

MILITARY PERSONNEL, ARMY

6

For pay, allowances, individual clothing, subsistence,

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the 11 Army on active duty, (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 13 for members of the Reserve Officers’ Training Corps; and 14 for payments pursuant to section 156 of Public Law 97– 15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment

of

Defense

Military

Retirement

Fund,

17 $40,787,967,000. 18

MILITARY PERSONNEL, NAVY

19

For pay, allowances, individual clothing, subsistence,

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 23 between permanent duty stations, for members of the 24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for

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201 1 members of the Reserve Officers’ Training Corps; and for 2 payments pursuant to section 156 of Public Law 97–377, 3 as amended (42 U.S.C. 402 note), and to the Department 4 of Defense Military Retirement Fund, $27,231,512,000. 5

MILITARY PERSONNEL, MARINE CORPS

6

For pay, allowances, individual clothing, subsistence,

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 14 402 note), and to the Department of Defense Military Re15 tirement Fund, $12,766,099,000. 16

MILITARY PERSONNEL, AIR FORCE

17

For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 21 between permanent duty stations, for members of the Air 22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 24 for members of the Reserve Officers’ Training Corps; and 25 for payments pursuant to section 156 of Public Law 97–

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202 1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment

of

Defense

Military

Retirement

Fund,

3 $28,519,993,000. 4

RESERVE PERSONNEL, ARMY

5

For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 8 3038 of title 10, United States Code, or while serving on 9 active duty under section 12301(d) of title 10, United 10 States Code, in connection with performing duty specified 11 in section 12310(a) of title 10, United States Code, or 12 while undergoing reserve training, or while performing 13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 15 and for payments to the Department of Defense Military 16 Retirement Fund, $4,377,563,000. 17

RESERVE PERSONNEL, NAVY

18

For pay, allowances, clothing, subsistence, gratuities,

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 21 United States Code, or while serving on active duty under 22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent

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203 1 duty, and expenses authorized by section 16131 of title 2 10, United States Code; and for payments to the Depart3 ment

of

Defense

Military

Retirement

Fund,

4 $1,843,966,000. 5

RESERVE PERSONNEL, MARINE CORPS

6

For pay, allowances, clothing, subsistence, gratuities,

7 travel, and related expenses for personnel of the Marine 8 Corps Reserve on active duty under section 10211 of title 9 10, United States Code, or while serving on active duty 10 under section 12301(d) of title 10, United States Code, 11 in connection with performing duty specified in section 12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 15 leaders class, and expenses authorized by section 16131 16 of title 10, United States Code; and for payments to the 17 Department of Defense Military Retirement Fund, 18 $655,109,000. 19

RESERVE PERSONNEL, AIR FORCE

20

For pay, allowances, clothing, subsistence, gratuities,

21 travel, and related expenses for personnel of the Air Force 22 Reserve on active duty under sections 10211, 10305, and 23 8038 of title 10, United States Code, or while serving on 24 active duty under section 12301(d) of title 10, United 25 States Code, in connection with performing duty specified

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204 1 in section 12310(a) of title 10, United States Code, or 2 while undergoing reserve training, or while performing 3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 5 and for payments to the Department of Defense Military 6 Retirement Fund, $1,723,159,000. 7

NATIONAL GUARD PERSONNEL, ARMY

8

For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302, 11 or 12402 of title 10 or section 708 of title 32, United 12 States Code, or while serving on duty under section 13 12301(d) of title 10 or section 502(f) of title 32, United 14 States Code, in connection with performing duty specified 15 in section 12310(a) of title 10, United States Code, or 16 while undergoing training, or while performing drills or 17 equivalent duty or other duty, and expenses authorized by 18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 20 Fund, $7,776,498,000. 21

NATIONAL GUARD PERSONNEL, AIR FORCE

22

For pay, allowances, clothing, subsistence, gratuities,

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or 25 12402 of title 10 or section 708 of title 32, United States

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205 1 Code, or while serving on duty under section 12301(d) of 2 title 10 or section 502(f) of title 32, United States Code, 3 in connection with performing duty specified in section 4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 6 duty or other duty, and expenses authorized by section 7 16131 of title 10, United States Code; and for payments 8 to the Department of Defense Military Retirement Fund, 9 $3,114,421,000.

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206 1

TITLE II

2

OPERATION AND MAINTENANCE

3

OPERATION

4

AND

MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary

5 for the operation and maintenance of the Army, as author6 ized by law; and not to exceed $12,478,000 can be used 7 for emergencies and extraordinary expenses, to be ex8 pended on the approval or authority of the Secretary of 9 the Army, and payments may be made on his certificate 10 of

necessity

for

confidential

military

purposes,

11 $30,768,069,000. 12

OPERATION

13

AND

MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary

14 for the operation and maintenance of the Navy and the 15 Marine Corps, as authorized by law; and not to exceed 16 $15,055,000 can be used for emergencies and extraor17 dinary expenses, to be expended on the approval or author18 ity of the Secretary of the Navy, and payments may be 19 made on his certificate of necessity for confidential mili20 tary purposes, $36,311,160,000. 21

OPERATION

22

For expenses, not otherwise provided for, necessary

AND

MAINTENANCE, MARINE CORPS

23 for the operation and maintenance of the Marine Corps, 24 as authorized by law, $5,397,605,000.

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207 1

OPERATION

2

AND

MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary

3 for the operation and maintenance of the Air Force, as 4 authorized by law; and not to exceed $7,699,000 can be 5 used for emergencies and extraordinary expenses, to be ex6 pended on the approval or authority of the Secretary of 7 the Air Force, and payments may be made on his certifi8 cate of necessity for confidential military purposes, 9 $33,248,618,000. 10

OPERATION

11

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

12

For expenses, not otherwise provided for, necessary

13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 15 departments), as authorized by law, $31,450,068,000: 16 Provided, That not more than $25,000,000 may be used 17 for the Combatant Commander Initiative Fund authorized 18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 22 Defense, and payments may be made on his certificate of 23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 25 less than $36,262,000 shall be made available for the Pro-

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208 1 curement Technical Assistance Cooperative Agreement 2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 9 or the service headquarters of one of the Armed Forces 10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $8,721,000, to remain available until 12 expended, is available only for expenses relating to certain 13 classified activities, and may be transferred as necessary 14 by the Secretary of Defense to operation and maintenance 15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 17 for the same time period as the appropriations to which 18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 20 with operation and maintenance funds shall not apply to 21 the funds described in the preceding proviso: Provided fur22 ther, That the transfer authority provided under this head23 ing is in addition to any other transfer authority provided 24 elsewhere in this Act.

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209 1

OPERATION

2

For expenses, not otherwise provided for, necessary

AND

MAINTENANCE, ARMY RESERVE

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,940,936,000. 9

OPERATION

10

AND

MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,158,382,000. 17

OPERATION

AND

18

MAINTENANCE, MARINE CORPS RESERVE

19

For expenses, not otherwise provided for, necessary

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 23 motor vehicles; travel and transportation; care of the dead; 24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $255,317,000.

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210 1

OPERATION

2

AND

MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 5 repair of facilities and equipment; hire of passenger motor 6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,062,207,000. 9

OPERATION

AND

10

MAINTENANCE, ARMY NATIONAL GUARD

11

For expenses of training, organizing, and admin-

12 istering the Army National Guard, including medical and 13 hospital treatment and related expenses in non-Federal 14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 18 Army personnel on active duty, for Army National Guard 19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 25 equipment (including aircraft), $6,857,530,000.

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211 1

OPERATION

2

AND

MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and admin-

3 istering the Air National Guard, including medical and 4 hospital treatment and related expenses in non-Federal 5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 8 National Guard, as authorized by law; expenses for repair, 9 modification, maintenance, and issue of supplies and 10 equipment, including those furnished from stocks under 11 the control of agencies of the Department of Defense; 12 travel expenses (other than mileage) on the same basis as 13 authorized by law for Air National Guard personnel on 14 active Federal duty, for Air National Guard commanders 15 while inspecting units in compliance with National Guard 16 Bureau regulations when specifically authorized by the 17 Chief, National Guard Bureau, $6,392,304,000. 18

UNITED STATES COURT

19

OF

APPEALS

FOR THE

ARMED

FORCES

20

For salaries and expenses necessary for the United

21 States Court of Appeals for the Armed Forces, 22 $13,606,000, of which not to exceed $5,000 may be used 23 for official representation purposes.

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212 1

ENVIRONMENTAL RESTORATION, ARMY

2

(INCLUDING TRANSFER OF FUNDS)

3

For the Department of the Army, $298,815,000, to

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such 6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 8 buildings and debris of the Department of the Army, or 9 for similar purposes, transfer the funds made available by 10 this appropriation to other appropriations made available 11 to the Department of the Army, to be merged with and 12 to be available for the same purposes and for the same 13 time period as the appropriations to which transferred: 14 Provided further, That upon a determination that all or 15 part of the funds transferred from this appropriation are 16 not necessary for the purposes provided herein, such 17 amounts may be transferred back to this appropriation: 18 Provided further, That the transfer authority provided 19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 21

ENVIRONMENTAL RESTORATION, NAVY

22

(INCLUDING TRANSFER OF FUNDS)

23

For the Department of the Navy, $316,103,000, to

24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such

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213 1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe 3 buildings and debris of the Department of the Navy, or 4 for similar purposes, transfer the funds made available by 5 this appropriation to other appropriations made available 6 to the Department of the Navy, to be merged with and 7 to be available for the same purposes and for the same 8 time period as the appropriations to which transferred: 9 Provided further, That upon a determination that all or 10 part of the funds transferred from this appropriation are 11 not necessary for the purposes provided herein, such 12 amounts may be transferred back to this appropriation: 13 Provided further, That the transfer authority provided 14 under this heading is in addition to any other transfer au15 thority provided elsewhere in this Act. 16

ENVIRONMENTAL RESTORATION, AIR FORCE

17

(INCLUDING TRANSFER OF FUNDS)

18

For the Department of the Air Force, $439,820,000,

19 to remain available until transferred: Provided, That the 20 Secretary of the Air Force shall, upon determining that 21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of un23 safe buildings and debris of the Department of the Air 24 Force, or for similar purposes, transfer the funds made 25 available by this appropriation to other appropriations

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214 1 made available to the Department of the Air Force, to be 2 merged with and to be available for the same purposes 3 and for the same time period as the appropriations to 4 which transferred: Provided further, That upon a deter5 mination that all or part of the funds transferred from 6 this appropriation are not necessary for the purposes pro7 vided herein, such amounts may be transferred back to 8 this appropriation: Provided further, That the transfer au9 thority provided under this heading is in addition to any 10 other transfer authority provided elsewhere in this Act. 11

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12

(INCLUDING TRANSFER OF FUNDS)

13

For the Department of Defense, $10,757,000, to re-

14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds 16 are required for environmental restoration, reduction and 17 recycling of hazardous waste, removal of unsafe buildings 18 and debris of the Department of Defense, or for similar 19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of Defense, to be merged with and to be avail22 able for the same purposes and for the same time period 23 as the appropriations to which transferred: Provided fur24 ther, That upon a determination that all or part of the 25 funds transferred from this appropriation are not nec-

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215 1 essary for the purposes provided herein, such amounts 2 may be transferred back to this appropriation: Provided 3 further, That the transfer authority provided under this 4 heading is in addition to any other transfer authority pro5 vided elsewhere in this Act. 6

ENVIRONMENTAL RESTORATION, FORMERLY USED

7

DEFENSE SITES

8

(INCLUDING TRANSFER OF FUNDS)

9

For the Department of the Army, $287,443,000, to

10 remain available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such 12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe 14 buildings and debris at sites formerly used by the Depart15 ment of Defense, transfer the funds made available by this 16 appropriation to other appropriations made available to 17 the Department of the Army, to be merged with and to 18 be available for the same purposes and for the same time 19 period as the appropriations to which transferred: Pro20 vided further, That upon a determination that all or part 21 of the funds transferred from this appropriation are not 22 necessary for the purposes provided herein, such amounts 23 may be transferred back to this appropriation: Provided 24 further, That the transfer authority provided under this

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216 1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 3

OVERSEAS HUMANITARIAN, DISASTER,

4

AND

CIVIC AID

For expenses relating to the Overseas Humanitarian,

5 Disaster, and Civic Aid programs of the Department of 6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 8 United States Code), $109,500,000, to remain available 9 until September 30, 2015. 10

COOPERATIVE THREAT REDUCTION ACCOUNT

11

For assistance to the republics of the former Soviet

12 Union and, with appropriate authorization by the Depart13 ment of Defense and Department of State, to countries 14 outside of the former Soviet Union, including assistance 15 provided by contract or by grants, for facilitating the 16 elimination and the safe and secure transportation and 17 storage of nuclear, chemical and other weapons; for estab18 lishing programs to prevent the proliferation of weapons, 19 weapons components, and weapon-related technology and 20 expertise; for programs relating to the training and sup21 port of defense and military personnel for demilitarization 22 and protection of weapons, weapons components and 23 weapons technology and expertise, and for defense and 24 military contacts, $500,455,000, to remain available until 25 September 30, 2016.

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217 1

DEPARTMENT

2

OF

DEFENSE ACQUISITION WORKFORCE

DEVELOPMENT FUND

3

For the Department of Defense Acquisition Work-

4 force Development Fund, $51,031,000.

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218 1

TITLE III

2

PROCUREMENT

3

AIRCRAFT PROCUREMENT, ARMY

4

For construction, procurement, production, modifica-

5 tion, and modernization of aircraft, equipment, including 6 ordnance, ground handling equipment, spare parts, and 7 accessories therefor; specialized equipment and training 8 devices; expansion of public and private plants, including 9 the land necessary therefor, for the foregoing purposes, 10 and such lands and interests therein, may be acquired, 11 and construction prosecuted thereon prior to approval of 12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 14 reserve plant and Government and contractor-owned 15 equipment layaway; and other expenses necessary for the 16 foregoing purposes, $4,844,891,000, to remain available 17 for obligation until September 30, 2016. 18

MISSILE PROCUREMENT, ARMY

19

For construction, procurement, production, modifica-

20 tion, and modernization of missiles, equipment, including 21 ordnance, ground handling equipment, spare parts, and 22 accessories therefor; specialized equipment and training 23 devices; expansion of public and private plants, including 24 the land necessary therefor, for the foregoing purposes, 25 and such lands and interests therein, may be acquired,

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219 1 and construction prosecuted thereon prior to approval of 2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 4 reserve plant and Government and contractor-owned 5 equipment layaway; and other expenses necessary for the 6 foregoing purposes, $1,549,491,000, to remain available 7 for obligation until September 30, 2016. 8

PROCUREMENT

OF

9

WEAPONS

AND

TRACKED COMBAT

VEHICLES, ARMY

10

For construction, procurement, production, and

11 modification of weapons and tracked combat vehicles, 12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 14 expansion of public and private plants, including the land 15 necessary therefor, for the foregoing purposes, and such 16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 18 procurement and installation of equipment, appliances, 19 and machine tools in public and private plants; reserve 20 plant and Government and contractor-owned equipment 21 layaway; and other expenses necessary for the foregoing 22 purposes, $1,610,811,000, to remain available for obliga23 tion until September 30, 2016.

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220 1

PROCUREMENT

2

OF

AMMUNITION, ARMY

For construction, procurement, production, and

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 14 for the foregoing purposes, $1,444,067,000, to remain 15 available for obligation until September 30, 2016. 16

OTHER PROCUREMENT, ARMY

17

For construction, procurement, production, and

18 modification of vehicles, including tactical, support, and 19 non-tracked combat vehicles; the purchase of passenger 20 motor vehicles for replacement only; communications and 21 electronic equipment; other support equipment; spare 22 parts, ordnance, and accessories therefor; specialized 23 equipment and training devices; expansion of public and 24 private plants, including the land necessary therefor, for 25 the foregoing purposes, and such lands and interests

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221 1 therein, may be acquired, and construction prosecuted 2 thereon prior to approval of title; and procurement and 3 installation of equipment, appliances, and machine tools 4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 6 expenses

necessary

for

the

foregoing

purposes,

7 $4,936,908,000, to remain available for obligation until 8 September 30, 2016. 9

AIRCRAFT PROCUREMENT, NAVY

10

For construction, procurement, production, modifica-

11 tion, and modernization of aircraft, equipment, including 12 ordnance, spare parts, and accessories therefor; specialized 13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 16 thereon prior to approval of title; and procurement and 17 installation of equipment, appliances, and machine tools 18 in public and private plants; reserve plant and Govern19 ment

and

contractor-owned

equipment

layaway,

20 $16,442,794,000, to remain available for obligation until 21 September 30, 2016. 22

WEAPONS PROCUREMENT, NAVY

23

For construction, procurement, production, modifica-

24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts,

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222 1 and accessories therefor; expansion of public and private 2 plants, including the land necessary therefor, and such 3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 5 procurement and installation of equipment, appliances, 6 and machine tools in public and private plants; reserve 7 plant and Government and contractor-owned equipment 8 layaway, $3,009,157,000, to remain available for obliga9 tion until September 30, 2016. 10

PROCUREMENT

OF

11

AMMUNITION, NAVY

AND

MARINE

CORPS

12

For construction, procurement, production, and

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 24 for the foregoing purposes, $549,316,000, to remain avail25 able for obligation until September 30, 2016.

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223 1

SHIPBUILDING

2

AND

CONVERSION, NAVY

For expenses necessary for the construction, acquisi-

3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 8 long lead time components and designs for vessels to be 9 constructed or converted in the future; and expansion of 10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 12 and construction prosecuted thereon prior to approval of 13 title, as follows: 14

Carrier Replacement Program, $917,553,000;

15

Virginia Class Submarine, $3,880,704,000;

16

Virginia

17

$2,354,612,000;

Class

Submarine

(AP),

18

CVN Refueling Overhaul, $1,609,324,000;

19

CVN Refueling Overhauls (AP), $245,793,000;

20

DDG–1000 Program, $231,694,000;

21

DDG–51 Destroyer, $1,615,564,000;

22

DDG–51 Destroyer (AP), $369,551,000;

23

Littoral Combat Ship, $1,793,014,000;

24

Afloat Forward Staging Base, $579,300,000;

25

Joint High Speed Vessel, $2,732,000;

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224 1

Moored Training Ship, $207,300,000;

2

LCAC

3

Service

Life

Extension

Program,

$80,987,000;

4

Outfitting, post delivery, conversions, and first

5

destination transportation, $382,836,000; and

6

For completion of Prior Year Shipbuilding Pro-

7

grams, $960,400,000.

8

In all: $15,231,364,000, to remain available for obli-

9 gation until September 30, 2018: Provided, That addi10 tional obligations may be incurred after September 30, 11 2018, for engineering services, tests, evaluations, and 12 other such budgeted work that must be performed in the 13 final stage of ship construction: Provided further, That 14 none of the funds provided under this heading for the con15 struction or conversion of any naval vessel to be con16 structed in shipyards in the United States shall be ex17 pended in foreign facilities for the construction of major 18 components of such vessel: Provided further, That none 19 of the funds provided under this heading shall be used 20 for the construction of any naval vessel in foreign ship21 yards. 22

OTHER PROCUREMENT, NAVY

23

For procurement, production, and modernization of

24 support equipment and materials not otherwise provided 25 for, Navy ordnance (except ordnance for new aircraft, new

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225 1 ships, and ships authorized for conversion); the purchase 2 of passenger motor vehicles for replacement only; expan3 sion of public and private plants, including the land nec4 essary therefor, and such lands and interests therein, may 5 be acquired, and construction prosecuted thereon prior to 6 approval of title; and procurement and installation of 7 equipment, appliances, and machine tools in public and 8 private plants; reserve plant and Government and con9 tractor-owned equipment layaway, $5,572,618,000, to re10 main available for obligation until September 30, 2016. 11

PROCUREMENT, MARINE CORPS

12

For expenses necessary for the procurement, manu-

13 facture, and modification of missiles, armament, military 14 equipment, spare parts, and accessories therefor; plant 15 equipment, appliances, and machine tools, and installation 16 thereof in public and private plants; reserve plant and 17 Government and contractor-owned equipment layaway; ve18 hicles for the Marine Corps, including the purchase of pas19 senger motor vehicles for replacement only; and expansion 20 of public and private plants, including land necessary 21 therefor, and such lands and interests therein, may be ac22 quired, and construction prosecuted thereon prior to ap23 proval of title, $1,240,958,000, to remain available for ob24 ligation until September 30, 2016.

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226 1

AIRCRAFT PROCUREMENT, AIR FORCE

2

For construction, procurement, and modification of

3 aircraft and equipment, including armor and armament, 4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized 6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such 8 plants, erection of structures, and acquisition of land, for 9 the foregoing purposes, and such lands and interests 10 therein, may be acquired, and construction prosecuted 11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and 13 other expenses necessary for the foregoing purposes in14 cluding

rents

and

transportation

of

things,

15 $10,379,180,000, to remain available for obligation until 16 September 30, 2016. 17

MISSILE PROCUREMENT, AIR FORCE

18

For construction, procurement, and modification of

19 missiles, spacecraft, rockets, and related equipment, in20 cluding spare parts and accessories therefor, ground han21 dling equipment, and training devices; expansion of public 22 and private plants, Government-owned equipment and in23 stallation thereof in such plants, erection of structures, 24 and acquisition of land, for the foregoing purposes, and 25 such lands and interests therein, may be acquired, and

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227 1 construction prosecuted thereon prior to approval of title; 2 reserve plant and Government and contractor-owned 3 equipment layaway; and other expenses necessary for the 4 foregoing purposes including rents and transportation of 5 things, $4,446,763,000, to remain available for obligation 6 until September 30, 2016. 7

PROCUREMENT

8

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and

9 modification of ammunition, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including ammunition facilities, au12 thorized by section 2854 of title 10, United States Code, 13 and the land necessary therefor, for the foregoing pur14 poses, and such lands and interests therein, may be ac15 quired, and construction prosecuted thereon prior to ap16 proval of title; and procurement and installation of equip17 ment, appliances, and machine tools in public and private 18 plants; reserve plant and Government and contractor19 owned equipment layaway; and other expenses necessary 20 for the foregoing purposes, $729,677,000, to remain avail21 able for obligation until September 30, 2016. 22

OTHER PROCUREMENT, AIR FORCE

23

For procurement and modification of equipment (in-

24 cluding ground guidance and electronic control equipment, 25 and ground electronic and communication equipment),

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228 1 and supplies, materials, and spare parts therefor, not oth2 erwise provided for; the purchase of passenger motor vehi3 cles for replacement only; lease of passenger motor vehi4 cles; and expansion of public and private plants, Govern5 ment-owned equipment and installation thereof in such 6 plants, erection of structures, and acquisition of land, for 7 the foregoing purposes, and such lands and interests 8 therein, may be acquired, and construction prosecuted 9 thereon, prior to approval of title; reserve plant and Gov10 ernment

and

contractor-owned

equipment

layaway,

11 $16,572,754,000, to remain available for obligation until 12 September 30, 2016. 13

PROCUREMENT, DEFENSE-WIDE

14

For expenses of activities and agencies of the Depart-

15 ment of Defense (other than the military departments) 16 necessary for procurement, production, and modification 17 of equipment, supplies, materials, and spare parts there18 for, not otherwise provided for; the purchase of passenger 19 motor vehicles for replacement only; expansion of public 20 and private plants, equipment, and installation thereof in 21 such plants, erection of structures, and acquisition of land 22 for the foregoing purposes, and such lands and interests 23 therein, may be acquired, and construction prosecuted 24 thereon prior to approval of title; reserve plant and Gov25 ernment

and

contractor-owned

equipment

layaway,

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229 1 $4,240,416,000, to remain available for obligation until 2 September 30, 2016. 3

DEFENSE PRODUCTION ACT PURCHASES

4

For activities by the Department of Defense pursuant

5 to sections 108, 301, 302, and 303 of the Defense Produc6 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 7 2093), $60,135,000, to remain available until expended.

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230 1

TITLE IV

2

RESEARCH, DEVELOPMENT, TEST AND

3

EVALUATION

4

RESEARCH, DEVELOPMENT, TEST

5

AND

EVALUATION,

ARMY

6

For expenses necessary for basic and applied sci-

7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $7,126,318,000, to remain avail10 able for obligation until September 30, 2015. 11

RESEARCH, DEVELOPMENT, TEST

12

AND

EVALUATION,

NAVY

13

For expenses necessary for basic and applied sci-

14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $14,949,919,000, to remain avail17 able for obligation until September 30, 2015: Provided, 18 That funds appropriated in this paragraph which are 19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces: 21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program.

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231 1

RESEARCH, DEVELOPMENT, TEST

2

AND

EVALUATION,

AIR FORCE

3

For expenses necessary for basic and applied sci-

4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $23,585,292,000, to remain avail7 able for obligation until September 30, 2015. 8

RESEARCH, DEVELOPMENT, TEST

9

DEFENSE-WIDE

10

AND

EVALUATION,

(INCLUDING TRANSFER OF FUNDS)

11

For expenses of activities and agencies of the Depart-

12 ment of Defense (other than the military departments), 13 necessary for basic and applied scientific research, devel14 opment, test and evaluation; advanced research projects 15 as may be designated and determined by the Secretary 16 of Defense, pursuant to law; maintenance, rehabilitation, 17 lease,

and

operation

of

facilities

and

equipment,

18 $17,086,412,000, to remain available for obligation until 19 September 30, 2015: Provided, That of the funds made 20 available in this paragraph, $175,000,000 for the Defense 21 Rapid Innovation Program shall only be available for ex22 penses, not otherwise provided for, to include program 23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tran-

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232 1 sition to full-scale production: Provided further, That the 2 Secretary of Defense may transfer funds provided herein 3 for the Defense Rapid Innovation Program to appropria4 tions for research, development, test and evaluation to ac5 complish the purpose provided herein: Provided further, 6 That this transfer authority is in addition to any other 7 transfer authority available to the Department of Defense: 8 Provided further, That the Secretary of Defense shall, not 9 fewer than 30 days prior to making transfers from this 10 appropriation, notify the congressional defense committees 11 in writing of the details of any such transfer: Provided 12 further, That funds appropriated in this paragraph shall 13 be available for the Cobra Judy program. 14

OPERATIONAL TEST

15

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary

16 for the independent activities of the Director, Operational 17 Test and Evaluation, in the direction and supervision of 18 operational test and evaluation, including initial oper19 ational test and evaluation which is conducted prior to, 20 and in support of, production decisions; joint operational 21 testing and evaluation; and administrative expenses in 22 connection therewith, $246,800,000, to remain available 23 for obligation until September 30, 2015.

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233 1

TITLE V

2

REVOLVING AND MANAGEMENT FUNDS

3

DEFENSE WORKING CAPITAL FUNDS

4

For

the

Defense

Working

Capital

Funds,

5 $1,649,214,000. 6

NATIONAL DEFENSE SEALIFT FUND

7

For National Defense Sealift Fund programs,

8 projects, and activities, and for expenses of the National 9 Defense Reserve Fleet, as established by section 11 of the 10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 11 and for the necessary expenses to maintain and preserve 12 a U.S.-flag merchant fleet to serve the national security 13 needs of the United States, $597,213,000, to remain avail14 able until expended: Provided, That none of the funds pro15 vided in this paragraph shall be used to award a new con16 tract that provides for the acquisition of any of the fol17 lowing major components unless such components are 18 manufactured in the United States: auxiliary equipment, 19 including pumps, for all shipboard services; propulsion 20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard 22 cranes: Provided further, That the exercise of an option 23 in a contract awarded through the obligation of previously 24 appropriated funds shall not be considered to be the award 25 of a new contract: Provided further, That the Secretary

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234 1 of the military department responsible for such procure2 ment may waive the restrictions in the first proviso on 3 a case-by-case basis by certifying in writing to the Com4 mittees on Appropriations of the House of Representatives 5 and the Senate that adequate domestic supplies are not 6 available to meet Department of Defense requirements on 7 a timely basis and that such an acquisition must be made 8 in order to acquire capability for national security pur9 poses.

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235 1

TITLE VI

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 3

DEFENSE HEALTH PROGRAM

4

For expenses, not otherwise provided for, for medical

5 and health care programs of the Department of Defense 6 as authorized by law, $32,699,158,000; of which 7 $30,704,995,000 shall be for operation and maintenance, 8 of which not to exceed one percent shall remain available 9 for obligation until September 30, 2015, and of which up 10 to $15,317,316,000 may be available for contracts entered 11 into

under

the

TRICARE

program;

of

which

12 $441,764,000, to remain available for obligation until Sep13 tember 30, 2016, shall be for procurement; and of which 14 $1,552,399,000, to remain available for obligation until 15 September 30, 2015, shall be for research, development, 16 test and evaluation: Provided, That, notwithstanding any 17 other provision of law, of the amount made available under 18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 20 prevention educational activities undertaken in connection 21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided 24 under this heading for the Interagency Program Office 25 (IPO) and for operation and maintenance and research,

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236 1 development,

test

2 Healthcare

Management

and

evaluation Systems

of

the

Defense

Modernization

3 (DHMSM) program, not more than 25 percent may be 4 obligated until the Secretary of Defense submits to the 5 Committees on Appropriations of the House of Represent6 atives and the Senate, and such Committees approve, a 7 plan for expenditure that: (1) defines the budget and cost 8 for full operating capability and the total life cycle cost 9 of the project; (2) identifies the deployment timeline, in10 cluding benchmarks, for full operating capability; (3) de11 scribes how the forthcoming request for proposals for 12 DHMSM will require adherence to data standardization 13 as defined by the IPO; (4) has been submitted to the Gov14 ernment Accountability Office for review; and (5) complies 15 with the acquisition rules, requirements, guidelines, and 16 systems acquisition management practices of the Federal 17 Government. 18

CHEMICAL AGENTS

19

AND

MUNITIONS DESTRUCTION,

DEFENSE

20

For expenses, not otherwise provided for, necessary

21 for the destruction of the United States stockpile of lethal 22 chemical agents and munitions in accordance with the pro23 visions of section 1412 of the Department of Defense Au24 thorization Act, 1986 (50 U.S.C. 1521), and for the de25 struction of other chemical warfare materials that are not

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237 1 in the chemical weapon stockpile, $1,004,123,000, of 2 which $398,572,000 shall be for operation and mainte3 nance, of which no less than $51,217,000 shall be for the 4 Chemical Stockpile Emergency Preparedness Program, 5 consisting of $21,489,000 for activities on military instal6 lations and $29,728,000, to remain available until Sep7 tember 30, 2015, to assist State and local governments; 8 $1,368,000 shall be for procurement, to remain available 9 until September 30, 2016, of which $1,368,000 shall be 10 for the Chemical Stockpile Emergency Preparedness Pro11 gram to assist State and local governments; and 12 $604,183,000, to remain available until September 30, 13 2015, shall be for research, development, test and evalua14 tion, of which $584,238,000 shall only be for the Assem15 bled Chemical Weapons Alternatives (ACWA) program. 16

DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES,

17

DEFENSE

18

(INCLUDING TRANSFER OF FUNDS)

19

For drug interdiction and counter-drug activities of

20 the Department of Defense, for transfer to appropriations 21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research, 25 development, test and evaluation, $1,015,885,000: Pro-

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238 1 vided, That the funds appropriated under this heading 2 shall be available for obligation for the same time period 3 and for the same purpose as the appropriation to which 4 transferred: Provided further, That upon a determination 5 that all or part of the funds transferred from this appro6 priation are not necessary for the purposes provided here7 in, such amounts may be transferred back to this appro8 priation: Provided further, That the transfer authority pro9 vided under this heading is in addition to any other trans10 fer authority contained elsewhere in this Act. 11

OFFICE

12

OF THE INSPECTOR

GENERAL

For expenses and activities of the Office of the In-

13 spector General in carrying out the provisions of the In14 spector General Act of 1978, as amended, $316,000,000, 15 of which $315,000,000 shall be for operation and mainte16 nance, of which not to exceed $700,000 is available for 17 emergencies and extraordinary expenses to be expended on 18 the approval or authority of the Inspector General, and 19 payments may be made on the Inspector General’s certifi20 cate of necessity for confidential military purposes; and 21 of which $1,000,000, to remain available until September 22 30, 2016, shall be for procurement: Provided, That the 23 Office of the Inspector General, in coordination with the 24 Department of Veterans Affairs’ Office of the Inspector 25 General, shall examine the process and procedures cur-

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239 1 rently in place in the transmission of service treatment 2 and personnel records from the Department of Defense 3 to the Department of Veterans Affairs.

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240 1

TITLE VII

2

RELATED AGENCIES

3

CENTRAL INTELLIGENCE AGENCY RETIREMENT

4

AND

DISABILITY SYSTEM FUND

5

For payment to the Central Intelligence Agency Re-

6 tirement and Disability System Fund, to maintain the 7 proper funding level for continuing the operation of the 8 Central Intelligence Agency Retirement and Disability 9 System, $514,000,000. 10

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11

For necessary expenses of the Intelligence Commu-

12 nity Management Account, $528,229,000.

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241 1

TITLE VIII

2

GENERAL PROVISIONS

3

SEC. 8001. No part of any appropriation contained

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 6

SEC. 8002. During the current fiscal year, provisions

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 9 shall not apply to personnel of the Department of Defense: 10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 12 Defense funded by this Act shall not be at a rate in excess 13 of the percentage increase authorized by law for civilian 14 employees of the Department of Defense whose pay is 15 computed under the provisions of section 5332 of title 5, 16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 18 its own employees, whichever is higher: Provided further, 19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 24 not apply to foreign national employees of the Department 25 of Defense in the Republic of Turkey.

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242 1

SEC. 8003. No part of any appropriation contained

2 in this Act shall remain available for obligation beyond 3 the current fiscal year, unless expressly so provided herein. 4

SEC. 8004. No more than 20 percent of the appro-

5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 9 duty training of reserve components or summer camp 10 training of the Reserve Officers’ Training Corps. 11

(TRANSFER OF FUNDS)

12

SEC. 8005. Upon determination by the Secretary of

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $5,000,000,000 16 of working capital funds of the Department of Defense 17 or funds made available in this Act to the Department 18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 20 subdivision thereof, to be merged with and to be available 21 for the same purposes, and for the same time period, as 22 the appropriation or fund to which transferred: Provided, 23 That such authority to transfer may not be used unless 24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated

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243 1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 3 That the Secretary of Defense shall notify the Congress 4 promptly of all transfers made pursuant to this authority 5 or any other authority in this Act: Provided further, That 6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 10 than those for which originally appropriated and in no 11 case where the item for which reprogramming is requested 12 has been denied by the Congress: Provided further, That 13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 15 30, 2014: Provided further, That transfers among military 16 personnel appropriations shall not be taken into account 17 for purposes of the limitation on the amount of funds that 18 may be transferred under this section. 19

SEC. 8006. (a) With regard to the list of specific pro-

20 grams, projects, and activities (and the dollar amounts 21 and adjustments to budget activities corresponding to 22 such programs, projects, and activities) contained in the 23 tables titled ‘‘Explanation of Project Level Adjustments’’ 24 in the explanatory statement described in section 4 (in the 25 matter preceding division A of this consolidated Act), the

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244 1 obligation and expenditure of amounts appropriated or 2 otherwise made available in this Act for those programs, 3 projects, and activities for which the amounts appro4 priated exceed the amounts requested are hereby required 5 by law to be carried out in the manner provided by such 6 tables to the same extent as if the tables were included 7 in the text of this Act. 8

(b) Amounts specified in the referenced tables de-

9 scribed in subsection (a) shall not be treated as subdivi10 sions of appropriations for purposes of section 8005 of this 11 Act: Provided, That section 8005 shall apply when trans12 fers of the amounts described in subsection (a) occur be13 tween appropriation accounts. 14

SEC. 8007. (a) Not later than 60 days after enact-

15 ment of this Act, the Department of Defense shall submit 16 a report to the congressional defense committees to estab17 lish the baseline for application of reprogramming and 18 transfer authorities for fiscal year 2014: Provided, That 19 the report shall include— 20

(1) a table for each appropriation with a sepa-

21

rate column to display the President’s budget re-

22

quest, adjustments made by Congress, adjustments

23

due to enacted rescissions, if appropriate, and the

24

fiscal year enacted level;

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245 1

(2) a delineation in the table for each appro-

2

priation both by budget activity and program,

3

project, and activity as detailed in the Budget Ap-

4

pendix; and

5

(3) an identification of items of special congres-

6

sional interest.

7

(b) Notwithstanding section 8005 of this Act, none

8 of the funds provided in this Act shall be available for 9 reprogramming or transfer until the report identified in 10 subsection (a) is submitted to the congressional defense 11 committees, unless the Secretary of Defense certifies in 12 writing to the congressional defense committees that such 13 reprogramming or transfer is necessary as an emergency 14 requirement. 15

(TRANSFER OF FUNDS)

16

SEC. 8008. During the current fiscal year, cash bal-

17 ances in working capital funds of the Department of De18 fense established pursuant to section 2208 of title 10, 19 United States Code, may be maintained in only such 20 amounts as are necessary at any time for cash disburse21 ments to be made from such funds: Provided, That trans22 fers may be made between such funds: Provided further, 23 That transfers may be made between working capital 24 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 25 appropriation and the ‘‘Operation and Maintenance’’ ap-

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246 1 propriation accounts in such amounts as may be deter2 mined by the Secretary of Defense, with the approval of 3 the Office of Management and Budget, except that such 4 transfers may not be made unless the Secretary of Defense 5 has notified the Congress of the proposed transfer. Except 6 in amounts equal to the amounts appropriated to working 7 capital funds in this Act, no obligations may be made 8 against a working capital fund to procure or increase the 9 value of war reserve material inventory, unless the Sec10 retary of Defense has notified the Congress prior to any 11 such obligation. 12

SEC. 8009. Funds appropriated by this Act may not

13 be used to initiate a special access program without prior 14 notification 30 calendar days in advance to the congres15 sional defense committees. 16

SEC. 8010. None of the funds provided in this Act

17 shall be available to initiate: (1) a multiyear contract that 18 employs economic order quantity procurement in excess of 19 $20,000,000 in any one year of the contract or that in20 cludes an unfunded contingent liability in excess of 21 $20,000,000; or (2) a contract for advance procurement 22 leading to a multiyear contract that employs economic 23 order quantity procurement in excess of $20,000,000 in 24 any one year, unless the congressional defense committees 25 have been notified at least 30 days in advance of the pro-

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247 1 posed contract award: Provided, That no part of any ap2 propriation contained in this Act shall be available to ini3 tiate a multiyear contract for which the economic order 4 quantity advance procurement is not funded at least to 5 the limits of the Government’s liability: Provided further, 6 That no part of any appropriation contained in this Act 7 shall be available to initiate multiyear procurement con8 tracts for any systems or component thereof if the value 9 of the multiyear contract would exceed $500,000,000 un10 less specifically provided in this Act: Provided further, 11 That no multiyear procurement contract can be termi12 nated without 10-day prior notification to the congres13 sional defense committees: Provided further, That the exe14 cution of multiyear authority shall require the use of a 15 present value analysis to determine lowest cost compared 16 to an annual procurement: Provided further, That none of 17 the funds provided in this Act may be used for a multiyear 18 contract executed after the date of the enactment of this 19 Act unless in the case of any such contract— 20

(1) the Secretary of Defense has submitted to

21

Congress a budget request for full funding of units

22

to be procured through the contract and, in the case

23

of a contract for procurement of aircraft, that in-

24

cludes, for any aircraft unit to be procured through

25

the contract for which procurement funds are re-

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248 1

quested in that budget request for production be-

2

yond advance procurement activities in the fiscal

3

year covered by the budget, full funding of procure-

4

ment of such unit in that fiscal year;

5

(2) cancellation provisions in the contract do

6

not include consideration of recurring manufacturing

7

costs of the contractor associated with the produc-

8

tion of unfunded units to be delivered under the con-

9

tract;

10

(3) the contract provides that payments to the

11

contractor under the contract shall not be made in

12

advance of incurred costs on funded units; and

13

(4) the contract does not provide for a price ad-

14

justment based on a failure to award a follow-on

15

contract.

16

Funds appropriated in title III of this Act may be

17 used for a multiyear procurement contract as follows: 18

E–2D Advanced Hawkeye, SSN 774 Virginia

19

class submarine, KC–130J, C–130J, HC–130J,

20

MC–130J, AC–130J aircraft, and government-fur-

21

nished equipment.

22

SEC. 8011. Within the funds appropriated for the op-

23 eration and maintenance of the Armed Forces, funds are 24 hereby appropriated pursuant to section 401 of title 10, 25 United States Code, for humanitarian and civic assistance

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249 1 costs under chapter 20 of title 10, United States Code. 2 Such funds may also be obligated for humanitarian and 3 civic assistance costs incidental to authorized operations 4 and pursuant to authority granted in section 401 of chap5 ter 20 of title 10, United States Code, and these obliga6 tions shall be reported as required by section 401(d) of 7 title 10, United States Code: Provided, That funds avail8 able for operation and maintenance shall be available for 9 providing humanitarian and similar assistance by using 10 Civic Action Teams in the Trust Territories of the Pacific 11 Islands and freely associated states of Micronesia, pursu12 ant to the Compact of Free Association as authorized by 13 Public Law 99–239: Provided further, That upon a deter14 mination by the Secretary of the Army that such action 15 is beneficial for graduate medical education programs con16 ducted at Army medical facilities located in Hawaii, the 17 Secretary of the Army may authorize the provision of med18 ical services at such facilities and transportation to such 19 facilities, on a nonreimbursable basis, for civilian patients 20 from American Samoa, the Commonwealth of the North21 ern Mariana Islands, the Marshall Islands, the Federated 22 States of Micronesia, Palau, and Guam. 23

SEC. 8012. (a) During fiscal year 2014, the civilian

24 personnel of the Department of Defense may not be man25 aged on the basis of any end-strength, and the manage-

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250 1 ment of such personnel during that fiscal year shall not 2 be subject to any constraint or limitation (known as an 3 end-strength) on the number of such personnel who may 4 be employed on the last day of such fiscal year. 5

(b) The fiscal year 2015 budget request for the De-

6 partment of Defense as well as all justification material 7 and other documentation supporting the fiscal year 2015 8 Department of Defense budget request shall be prepared 9 and submitted to the Congress as if subsections (a) and 10 (b) of this provision were effective with regard to fiscal 11 year 2015. 12

(c) Nothing in this section shall be construed to apply

13 to military (civilian) technicians. 14

SEC. 8013. None of the funds made available by this

15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress. 18

SEC. 8014. None of the funds appropriated by this

19 Act shall be available for the basic pay and allowances of 20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education 23 Benefits Fund when time spent as a full-time student is 24 credited toward completion of a service commitment: Pro25 vided, That this section shall not apply to those members

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251 1 who have reenlisted with this option prior to October 1, 2 1987: Provided further, That this section applies only to 3 active components of the Army. 4

(TRANSFER OF FUNDS)

5

SEC. 8015. Funds appropriated in title III of this Act

6 for the Department of Defense Pilot Mentor-Prote´ge´ Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing 9 a Mentor-Prote´ge´ Program developmental assistance 10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law 12 101–510; 10 U.S.C. 2302 note), as amended, under the 13 authority of this provision or any other transfer authority 14 contained in this Act. 15

SEC. 8016. None of the funds in this Act may be

16 available for the purchase by the Department of Defense 17 (and its departments and agencies) of welded shipboard 18 anchor and mooring chain 4 inches in diameter and under 19 unless the anchor and mooring chain are manufactured 20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That 22 for the purpose of this section, the term ‘‘manufactured’’ 23 shall include cutting, heat treating, quality control, testing 24 of chain and welding (including the forging and shot blast25 ing process): Provided further, That for the purpose of this

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252 1 section substantially all of the components of anchor and 2 mooring chain shall be considered to be produced or manu3 factured in the United States if the aggregate cost of the 4 components produced or manufactured in the United 5 States exceeds the aggregate cost of the components pro6 duced or manufactured outside the United States: Pro7 vided further, That when adequate domestic supplies are 8 not available to meet Department of Defense requirements 9 on a timely basis, the Secretary of the service responsible 10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 12 on Appropriations that such an acquisition must be made 13 in order to acquire capability for national security pur14 poses. 15

SEC. 8017. None of the funds available to the De-

16 partment of Defense may be used to demilitarize or dis17 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 18 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 19 to demilitarize or destroy small arms ammunition or am20 munition components that are not otherwise prohibited 21 from commercial sale under Federal law, unless the small 22 arms ammunition or ammunition components are certified 23 by the Secretary of the Army or designee as unserviceable 24 or unsafe for further use.

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253 1

SEC. 8018. No more than $500,000 of the funds ap-

2 propriated or made available in this Act shall be used dur3 ing a single fiscal year for any single relocation of an orga4 nization, unit, activity or function of the Department of 5 Defense into or within the National Capital Region: Pro6 vided, That the Secretary of Defense may waive this re7 striction on a case-by-case basis by certifying in writing 8 to the congressional defense committees that such a relo9 cation is required in the best interest of the Government. 10

SEC. 8019. In addition to the funds provided else-

11 where in this Act, $15,000,000 is appropriated only for 12 incentive payments authorized by section 504 of the In13 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 14 That a prime contractor or a subcontractor at any tier 15 that makes a subcontract award to any subcontractor or 16 supplier as defined in section 1544 of title 25, United 17 States Code, or a small business owned and controlled by 18 an individual or individuals defined under section 4221(9) 19 of title 25, United States Code, shall be considered a con20 tractor for the purposes of being allowed additional com21 pensation under section 504 of the Indian Financing Act 22 of 1974 (25 U.S.C. 1544) whenever the prime contract 23 or subcontract amount is over $500,000 and involves the 24 expenditure of funds appropriated by an Act making ap25 propriations for the Department of Defense with respect

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254 1 to any fiscal year: Provided further, That notwithstanding 2 section 1906 of title 41, United States Code, this section 3 shall be applicable to any Department of Defense acquisi4 tion of supplies or services, including any contract and any 5 subcontract at any tier for acquisition of commercial items 6 produced or manufactured, in whole or in part, by any 7 subcontractor or supplier defined in section 1544 of title 8 25, United States Code, or a small business owned and 9 controlled by an individual or individuals defined under 10 section 4221(9) of title 25, United States Code. 11

SEC. 8020. Funds appropriated by this Act for the

12 Defense Media Activity shall not be used for any national 13 or international political or psychological activities. 14

SEC. 8021. During the current fiscal year, the De-

15 partment of Defense is authorized to incur obligations of 16 not to exceed $350,000,000 for purposes specified in sec17 tion 2350j(c) of title 10, United States Code, in anticipa18 tion of receipt of contributions, only from the Government 19 of Kuwait, under that section: Provided, That upon re20 ceipt, such contributions from the Government of Kuwait 21 shall be credited to the appropriations or fund which in22 curred such obligations. 23

SEC. 8022. (a) Of the funds made available in this

24 Act, not less than $39,532,000 shall be available for the 25 Civil Air Patrol Corporation, of which—

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255 1

(1) $28,400,000 shall be available from ‘‘Oper-

2

ation and Maintenance, Air Force’’ to support Civil

3

Air Patrol Corporation operation and maintenance,

4

readiness, counter-drug activities, and drug demand

5

reduction activities involving youth programs;

6

(2) $10,200,000 shall be available from ‘‘Air-

7

craft Procurement, Air Force’’; and

8

(3) $932,000 shall be available from ‘‘Other

9

Procurement, Air Force’’ for vehicle procurement.

10

(b) The Secretary of the Air Force should waive reim-

11 bursement for any funds used by the Civil Air Patrol for 12 counter-drug activities in support of Federal, State, and 13 local government agencies. 14

SEC. 8023. (a) None of the funds appropriated in this

15 Act are available to establish a new Department of De16 fense (department) federally funded research and develop17 ment center (FFRDC), either as a new entity, or as a 18 separate entity administrated by an organization man19 aging another FFRDC, or as a nonprofit membership cor20 poration consisting of a consortium of other FFRDCs and 21 other nonprofit entities. 22

(b) No member of a Board of Directors, Trustees,

23 Overseers, Advisory Group, Special Issues Panel, Visiting 24 Committee, or any similar entity of a defense FFRDC, 25 and no paid consultant to any defense FFRDC, except

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256 1 when acting in a technical advisory capacity, may be com2 pensated for his or her services as a member of such enti3 ty, or as a paid consultant by more than one FFRDC in 4 a fiscal year: Provided, That a member of any such entity 5 referred to previously in this subsection shall be allowed 6 travel expenses and per diem as authorized under the Fed7 eral Joint Travel Regulations, when engaged in the per8 formance of membership duties. 9

(c) Notwithstanding any other provision of law, none

10 of the funds available to the department from any source 11 during fiscal year 2014 may be used by a defense FFRDC, 12 through a fee or other payment mechanism, for construc13 tion of new buildings, for payment of cost sharing for 14 projects funded by Government grants, for absorption of 15 contract overruns, or for certain charitable contributions, 16 not to include employee participation in community service 17 and/or development. 18

(d) Notwithstanding any other provision of law, of

19 the funds available to the department during fiscal year 20 2014, not more than 5,750 staff years of technical effort 21 (staff years) may be funded for defense FFRDCs: Pro22 vided, That of the specific amount referred to previously 23 in this subsection, not more than 1,125 staff years may 24 be funded for the defense studies and analysis FFRDCs: 25 Provided further, That this subsection shall not apply to

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257 1 staff years funded in the National Intelligence Program 2 (NIP) and the Military Intelligence Program (MIP). 3

(e) The Secretary of Defense shall, with the submis-

4 sion of the department’s fiscal year 2015 budget request, 5 submit a report presenting the specific amounts of staff 6 years of technical effort to be allocated for each defense 7 FFRDC during that fiscal year and the associated budget 8 estimates. 9

(f) Notwithstanding any other provision of this Act,

10 the total amount appropriated in this Act for FFRDCs 11 is hereby reduced by $40,000,000. 12

SEC. 8024. None of the funds appropriated or made

13 available in this Act shall be used to procure carbon, alloy, 14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of 16 Defense which were not melted and rolled in the United 17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class 19 9515, American Society of Testing and Materials (ASTM) 20 or American Iron and Steel Institute (AISI) specifications 21 of carbon, alloy or armor steel plate: Provided further, 22 That the Secretary of the military department responsible 23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 25 on Appropriations of the House of Representatives and the

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258 1 Senate that adequate domestic supplies are not available 2 to meet Department of Defense requirements on a timely 3 basis and that such an acquisition must be made in order 4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to 6 contracts which are in being as of the date of the enact7 ment of this Act. 8

SEC. 8025. For the purposes of this Act, the term

9 ‘‘congressional defense committees’’ means the Armed 10 Services Committee of the House of Representatives, the 11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations 13 of the Senate, and the Subcommittee on Defense of the 14 Committee on Appropriations of the House of Representa15 tives. 16

SEC. 8026. During the current fiscal year, the De-

17 partment of Defense may acquire the modification, depot 18 maintenance and repair of aircraft, vehicles and vessels 19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and in-

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259 1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A– 3 76 shall not apply to competitions conducted under this 4 section. 5

SEC. 8027. (a)(1) If the Secretary of Defense, after

6 consultation with the United States Trade Representative, 7 determines that a foreign country which is party to an 8 agreement described in paragraph (2) has violated the 9 terms of the agreement by discriminating against certain 10 types of products produced in the United States that are 11 covered by the agreement, the Secretary of Defense shall 12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced 14 in that foreign country. 15

(2) An agreement referred to in paragraph (1) is any

16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country 18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products 20 in that country. 21

(b) The Secretary of Defense shall submit to the Con-

22 gress a report on the amount of Department of Defense 23 purchases from foreign entities in fiscal year 2014. Such 24 report shall separately indicate the dollar value of items 25 for which the Buy American Act was waived pursuant to

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260 1 any agreement described in subsection (a)(2), the Trade 2 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 3 international agreement to which the United States is a 4 party. 5

(c) For purposes of this section, the term ‘‘Buy

6 American Act’’ means chapter 83 of title 41, United 7 States Code. 8

SEC. 8028. During the current fiscal year, amounts

9 contained in the Department of Defense Overseas Military 10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act 12 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 13 be available until expended for the payments specified by 14 section 2921(c)(2) of that Act. 15

SEC. 8029. (a) Notwithstanding any other provision

16 of law, the Secretary of the Air Force may convey at no 17 cost to the Air Force, without consideration, to Indian 18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and 20 Washington relocatable military housing units located at 21 Grand Forks Air Force Base, Malmstrom Air Force Base, 22 Mountain Home Air Force Base, Ellsworth Air Force 23 Base, and Minot Air Force Base that are excess to the 24 needs of the Air Force.

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261 1

(b) The Secretary of the Air Force shall convey, at

2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 4 that are submitted to the Secretary by the Operation 5 Walking Shield Program on behalf of Indian tribes located 6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any 8 such conveyance shall be subject to the condition that the 9 housing units shall be removed within a reasonable period 10 of time, as determined by the Secretary. 11

(c) The Operation Walking Shield Program shall re-

12 solve any conflicts among requests of Indian tribes for 13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection 15 (b). 16

(d) In this section, the term ‘‘Indian tribe’’ means

17 any recognized Indian tribe included on the current list 18 published by the Secretary of the Interior under section 19 104 of the Federally Recognized Indian Tribe Act of 1994 20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 21 1). 22

SEC. 8030. During the current fiscal year, appropria-

23 tions which are available to the Department of Defense 24 for operation and maintenance may be used to purchase

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262 1 items having an investment item unit cost of not more 2 than $250,000. 3

SEC. 8031. (a) During the current fiscal year, none

4 of the appropriations or funds available to the Department 5 of Defense Working Capital Funds shall be used for the 6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to 9 customers of the Department of Defense Working Capital 10 Funds if such an item would not have been chargeable 11 to the Department of Defense Business Operations Fund 12 during fiscal year 1994 and if the purchase of such an 13 investment item would be chargeable during the current 14 fiscal year to appropriations made to the Department of 15 Defense for procurement. 16

(b) The fiscal year 2015 budget request for the De-

17 partment of Defense as well as all justification material 18 and other documentation supporting the fiscal year 2015 19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment 21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be 23 budgeted for in a proposed fiscal year 2015 procurement 24 appropriation and not in the supply management business

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263 1 area or any other area or category of the Department of 2 Defense Working Capital Funds. 3

SEC. 8032. None of the funds appropriated by this

4 Act for programs of the Central Intelligence Agency shall 5 remain available for obligation beyond the current fiscal 6 year, except for funds appropriated for the Reserve for 7 Contingencies, which shall remain available until Sep8 tember 30, 2015: Provided, That funds appropriated, 9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund 11 during this or any prior or subsequent fiscal year shall 12 remain available until expended: Provided further, That 13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of 17 the National Security Act of 1947 (50 U.S.C. 3093) shall 18 remain available until September 30, 2015. 19

SEC. 8033. Notwithstanding any other provision of

20 law, funds made available in this Act for the Defense In21 telligence Agency may be used for the design, develop22 ment, and deployment of General Defense Intelligence 23 Program intelligence communications and intelligence in24 formation systems for the Services, the Unified and Speci25 fied Commands, and the component commands.

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264 1

SEC. 8034. Of the funds appropriated to the Depart-

2 ment of Defense under the heading ‘‘Operation and Main3 tenance, Defense-Wide’’, not less than $12,000,000 shall 4 be made available only for the mitigation of environmental 5 impacts, including training and technical assistance to 6 tribes, related administrative support, the gathering of in7 formation, documenting of environmental damage, and de8 veloping a system for prioritization of mitigation and cost 9 to complete estimates for mitigation, on Indian lands re10 sulting from Department of Defense activities. 11

SEC. 8035. (a) None of the funds appropriated in this

12 Act may be expended by an entity of the Department of 13 Defense unless the entity, in expending the funds, com14 plies with the Buy American Act. For purposes of this 15 subsection, the term ‘‘Buy American Act’’ means chapter 16 83 of title 41, United States Code. 17

(b) If the Secretary of Defense determines that a per-

18 son has been convicted of intentionally affixing a label 19 bearing a ‘‘Made in America’’ inscription to any product 20 sold in or shipped to the United States that is not made 21 in America, the Secretary shall determine, in accordance 22 with section 2410f of title 10, United States Code, wheth23 er the person should be debarred from contracting with 24 the Department of Defense.

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265 1

(c) In the case of any equipment or products pur-

2 chased with appropriations provided under this Act, it is 3 the sense of the Congress that any entity of the Depart4 ment of Defense, in expending the appropriation, purchase 5 only American-made equipment and products, provided 6 that American-made equipment and products are cost7 competitive, quality competitive, and available in a timely 8 fashion. 9

SEC. 8036. None of the funds appropriated by this

10 Act shall be available for a contract for studies, analysis, 11 or consulting services entered into without competition on 12 the basis of an unsolicited proposal unless the head of the 13 activity responsible for the procurement determines— 14

(1) as a result of thorough technical evaluation,

15

only one source is found fully qualified to perform

16

the proposed work;

17

(2) the purpose of the contract is to explore an

18

unsolicited proposal which offers significant sci-

19

entific or technological promise, represents the prod-

20

uct of original thinking, and was submitted in con-

21

fidence by one source; or

22

(3) the purpose of the contract is to take ad-

23

vantage of unique and significant industrial accom-

24

plishment by a specific concern, or to insure that a

25

new product or idea of a specific concern is given fi-

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266 1

nancial support: Provided, That this limitation shall

2

not apply to contracts in an amount of less than

3

$25,000, contracts related to improvements of equip-

4

ment that is in development or production, or con-

5

tracts as to which a civilian official of the Depart-

6

ment of Defense, who has been confirmed by the

7

Senate, determines that the award of such contract

8

is in the interest of the national defense.

9

SEC. 8037. (a) Except as provided in subsections (b)

10 and (c), none of the funds made available by this Act may 11 be used— 12

(1) to establish a field operating agency; or

13

(2) to pay the basic pay of a member of the

14

Armed Forces or civilian employee of the depart-

15

ment who is transferred or reassigned from a head-

16

quarters activity if the member or employee’s place

17

of duty remains at the location of that headquarters.

18

(b) The Secretary of Defense or Secretary of a mili-

19 tary department may waive the limitations in subsection 20 (a), on a case-by-case basis, if the Secretary determines, 21 and certifies to the Committees on Appropriations of the 22 House of Representatives and the Senate that the grant23 ing of the waiver will reduce the personnel requirements 24 or the financial requirements of the department. 25

(c) This section does not apply to—

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267 1

(1) field operating agencies funded within the

2

National Intelligence Program;

3

(2) an Army field operating agency established

4

to eliminate, mitigate, or counter the effects of im-

5

provised explosive devices, and, as determined by the

6

Secretary of the Army, other similar threats;

7

(3) an Army field operating agency established

8

to improve the effectiveness and efficiencies of bio-

9

metric activities and to integrate common biometric

10

technologies throughout the Department of Defense;

11

or

12

(4) an Air Force field operating agency estab-

13

lished to administer the Air Force Mortuary Affairs

14

Program and Mortuary Operations for the Depart-

15

ment of Defense and authorized Federal entities.

16

SEC. 8038. None of the funds appropriated in this

17 Act may be obligated or expended by the Secretary of a 18 military department in contravention of the provisions of 19 section 352 of the National Defense Authorization Act for 20 Fiscal Year 2014 to adopt any new camouflage pattern 21 design or uniform fabric for any combat or camouflage 22 utility uniform or family of uniforms for use by an Armed 23 Force. 24

SEC. 8039. (a) None of the funds appropriated by

25 this Act shall be available to convert to contractor per-

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268 1 formance an activity or function of the Department of De2 fense that, on or after the date of the enactment of this 3 Act, is performed by Department of Defense civilian em4 ployees unless— 5

(1) the conversion is based on the result of a

6

public-private competition that includes a most effi-

7

cient and cost effective organization plan developed

8

by such activity or function;

9

(2) the Competitive Sourcing Official deter-

10

mines that, over all performance periods stated in

11

the solicitation of offers for performance of the ac-

12

tivity or function, the cost of performance of the ac-

13

tivity or function by a contractor would be less costly

14

to the Department of Defense by an amount that

15

equals or exceeds the lesser of—

16

(A) 10 percent of the most efficient organi-

17

zation’s personnel-related costs for performance

18

of that activity or function by Federal employ-

19

ees; or

20

(B) $10,000,000; and

21

(3) the contractor does not receive an advan-

22

tage for a proposal that would reduce costs for the

23

Department of Defense by—

24

(A) not making an employer-sponsored

25

health insurance plan available to the workers

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269 1

who are to be employed in the performance of

2

that activity or function under the contract; or

3

(B) offering to such workers an employer-

4

sponsored health benefits plan that requires the

5

employer to contribute less towards the pre-

6

mium or subscription share than the amount

7

that is paid by the Department of Defense for

8

health benefits for civilian employees under

9

chapter 89 of title 5, United States Code.

10

(b)(1) The Department of Defense, without regard

11 to subsection (a) of this section or subsection (a), (b), or 12 (c) of section 2461 of title 10, United States Code, and 13 notwithstanding any administrative regulation, require14 ment, or policy to the contrary shall have full authority 15 to enter into a contract for the performance of any com16 mercial or industrial type function of the Department of 17 Defense that— 18

(A) is included on the procurement list estab-

19

lished pursuant to section 2 of the Javits-Wagner-

20

O’Day Act (section 8503 of title 41, United States

21

Code);

22

(B) is planned to be converted to performance

23

by a qualified nonprofit agency for the blind or by

24

a qualified nonprofit agency for other severely handi-

25

capped individuals in accordance with that Act; or

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270 1

(C) is planned to be converted to performance

2

by a qualified firm under at least 51 percent owner-

3

ship by an Indian tribe, as defined in section 4(e)

4

of the Indian Self-Determination and Education As-

5

sistance Act (25 U.S.C. 450b(e)), or a Native Ha-

6

waiian Organization, as defined in section 8(a)(15)

7

of the Small Business Act (15 U.S.C. 637(a)(15)).

8

(2) This section shall not apply to depot contracts

9 or contracts for depot maintenance as provided in sections 10 2469 and 2474 of title 10, United States Code. 11

(c) The conversion of any activity or function of the

12 Department of Defense under the authority provided by 13 this section shall be credited toward any competitive or 14 outsourcing goal, target, or measurement that may be es15 tablished by statute, regulation, or policy and is deemed 16 to be awarded under the authority of, and in compliance 17 with, subsection (h) of section 2304 of title 10, United 18 States Code, for the competition or outsourcing of com19 mercial activities. 20

(RESCISSIONS)

21

SEC. 8040. Of the funds appropriated in Department

22 of Defense Appropriations Acts, the following funds are 23 hereby rescinded from the following accounts and pro24 grams in the specified amounts:

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271 1

‘‘National Defense Sealift Fund’’, 2011/XXXX,

2

$10,000,000;

3

‘‘Other

4

Procurement,

Army’’,

2012/2014,

Navy’’,

2012/2014,

$40,000,000;

5

‘‘Aircraft

6

Procurement,

$10,000,000;

7

‘‘Weapons Procurement, Navy’’, 2012/2014,

8

$33,300,000;

9

‘‘Other

10

Procurement,

Navy’’,

2012/2014,

$266,486,000;

11

‘‘Aircraft Procurement, Air Force’’, 2012/2014,

12

$449,735,000;

13

‘‘Missile Procurement, Air Force’’, 2012/2014,

14

$10,000,000;

15

‘‘National Defense Sealift Fund’’, 2012/XXXX,

16

$14,000,000;

17

‘‘Defense

18

$144,518,000;

19

Health

‘‘Cooperative

20

Program’’,

Threat

2012/2014,

Reduction

Account’’,

Army’’,

2013/2015,

Navy’’,

2013/2015,

2013/2015, $37,500,000;

21

‘‘Other

22

Procurement,

$45,426,000;

23

‘‘Aircraft

24

$112,000,000;

Procurement,

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272 1

‘‘Weapons Procurement, Navy’’, 2013/2015,

2

$5,000,000;

3

‘‘Other

4

$7,979,000;

5

Procurement,

‘‘Procurement,

6

Marine

Navy’’,

2013/2015,

Corps’’,

2013/2015,

$12,650,000;

7

‘‘Aircraft Procurement, Air Force’’, 2013/2015,

8

$239,090,000;

9

‘‘Missile Procurement, Air Force’’, 2013/2015,

10

$55,000,000;

11

‘‘Other Procurement, Air Force’’, 2013/2015,

12

$44,900,000;

13

‘‘Procurement,

14

Defense-Wide’’,

2013/2015,

$104,043,000;

15

‘‘Research, Development, Test and Evaluation,

16

Army’’, 2013/2014, $46,100,000;

17

‘‘Research, Development, Test and Evaluation,

18

Navy’’, 2013/2014, $59,257,000;

19

‘‘Research, Development, Test and Evaluation,

20

Air Force’’, 2013/2014, $38,646,000;

21

‘‘Research, Development, Test and Evaluation,

22

Defense-Wide’’, 2013/2014, $15,000,000;

23

‘‘Defense

24

$998,000; and

Health

Program’’,

2013/2014,

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273 1

‘‘Defense

2

$104,461,000.

3

SEC. 8041. None of the funds available in this Act

Health

Program’’,

2013/2015,

4 may be used to reduce the authorized positions for mili5 tary technicians (dual status) of the Army National 6 Guard, Air National Guard, Army Reserve and Air Force 7 Reserve for the purpose of applying any administratively 8 imposed civilian personnel ceiling, freeze, or reduction on 9 military technicians (dual status), unless such reductions 10 are a direct result of a reduction in military force struc11 ture. 12

SEC. 8042. None of the funds appropriated or other-

13 wise made available in this Act may be obligated or ex14 pended for assistance to the Democratic People’s Republic 15 of Korea unless specifically appropriated for that purpose. 16

SEC. 8043. Funds appropriated in this Act for oper-

17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available 19 for reimbursement of pay, allowances and other expenses 20 which would otherwise be incurred against appropriations 21 for the National Guard and Reserve when members of the 22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense 24 Agencies and Joint Intelligence Activities, including the 25 activities and programs included within the National Intel-

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274 1 ligence Program and the Military Intelligence Program: 2 Provided, That nothing in this section authorizes deviation 3 from established Reserve and National Guard personnel 4 and training procedures. 5

SEC. 8044. During the current fiscal year, none of

6 the funds appropriated in this Act may be used to reduce 7 the civilian medical and medical support personnel as8 signed to military treatment facilities below the September 9 30, 2003, level: Provided, That the Service Surgeons Gen10 eral may waive this section by certifying to the congres11 sional defense committees that the beneficiary population 12 is declining in some catchment areas and civilian strength 13 reductions may be consistent with responsible resource 14 stewardship and capitation-based budgeting. 15

SEC. 8045. (a) None of the funds available to the

16 Department of Defense for any fiscal year for drug inter17 diction or counter-drug activities may be transferred to 18 any other department or agency of the United States ex19 cept as specifically provided in an appropriations law. 20

(b) None of the funds available to the Central Intel-

21 ligence Agency for any fiscal year for drug interdiction 22 and counter-drug activities may be transferred to any 23 other department or agency of the United States except 24 as specifically provided in an appropriations law.

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275 1

SEC. 8046. None of the funds appropriated by this

2 Act may be used for the procurement of ball and roller 3 bearings other than those produced by a domestic source 4 and of domestic origin: Provided, That the Secretary of 5 the military department responsible for such procurement 6 may waive this restriction on a case-by-case basis by certi7 fying in writing to the Committees on Appropriations of 8 the House of Representatives and the Senate, that ade9 quate domestic supplies are not available to meet Depart10 ment of Defense requirements on a timely basis and that 11 such an acquisition must be made in order to acquire ca12 pability for national security purposes: Provided further, 13 That this restriction shall not apply to the purchase of 14 ‘‘commercial items’’, as defined by section 4(12) of the 15 Office of Federal Procurement Policy Act, except that the 16 restriction shall apply to ball or roller bearings purchased 17 as end items. 18

SEC. 8047. None of the funds in this Act may be

19 used to purchase any supercomputer which is not manu20 factured in the United States, unless the Secretary of De21 fense certifies to the congressional defense committees 22 that such an acquisition must be made in order to acquire 23 capability for national security purposes that is not avail24 able from United States manufacturers.

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276 1

SEC. 8048. None of the funds made available in this

2 or any other Act may be used to pay the salary of any 3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 6 project, or activity financed by this Act to the jurisdiction 7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 11 provisions of Acts providing supplemental appropriations 12 for the Department of Defense. 13

SEC. 8049. (a) Notwithstanding any other provision

14 of law, none of the funds available to the Department of 15 Defense for the current fiscal year may be obligated or 16 expended to transfer to another nation or an international 17 organization any defense articles or services (other than 18 intelligence services) for use in the activities described in 19 subsection (b) unless the congressional defense commit20 tees, the Committee on Foreign Affairs of the House of 21 Representatives, and the Committee on Foreign Relations 22 of the Senate are notified 15 days in advance of such 23 transfer. 24

(b) This section applies to—

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277 1

(1) any international peacekeeping or peace-en-

2

forcement operation under the authority of chapter

3

VI or chapter VII of the United Nations Charter

4

under the authority of a United Nations Security

5

Council resolution; and

6

(2) any other international peacekeeping, peace-

7

enforcement, or humanitarian assistance operation.

8

(c) A notice under subsection (a) shall include the

9 following: 10

(1) A description of the equipment, supplies, or

11

services to be transferred.

12

(2) A statement of the value of the equipment,

13

supplies, or services to be transferred.

14

(3) In the case of a proposed transfer of equip-

15

ment or supplies—

16

(A) a statement of whether the inventory

17

requirements of all elements of the Armed

18

Forces (including the reserve components) for

19

the type of equipment or supplies to be trans-

20

ferred have been met; and

21

(B) a statement of whether the items pro-

22

posed to be transferred will have to be replaced

23

and, if so, how the President proposes to pro-

24

vide funds for such replacement.

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278 1

SEC. 8050. None of the funds available to the De-

2 partment of Defense under this Act shall be obligated or 3 expended to pay a contractor under a contract with the 4 Department of Defense for costs of any amount paid by 5 the contractor to an employee when— 6

(1) such costs are for a bonus or otherwise in

7

excess of the normal salary paid by the contractor

8

to the employee; and

9

(2) such bonus is part of restructuring costs as-

10

sociated with a business combination.

11

(INCLUDING TRANSFER OF FUNDS)

12

SEC. 8051. During the current fiscal year, no more

13 than $30,000,000 of appropriations made in this Act 14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for 16 the pay of military personnel, to be merged with, and to 17 be available for the same time period as the appropriations 18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible 20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States 22 Code. 23

SEC. 8052. During the current fiscal year, in the case

24 of an appropriation account of the Department of Defense 25 for which the period of availability for obligation has ex-

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279 1 pired or which has closed under the provisions of section 2 1552 of title 31, United States Code, and which has a 3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged 5 to any current appropriation account for the same purpose 6 as the expired or closed account if— 7

(1) the obligation would have been properly

8

chargeable (except as to amount) to the expired or

9

closed account before the end of the period of avail-

10

ability or closing of that account;

11

(2) the obligation is not otherwise properly

12

chargeable to any current appropriation account of

13

the Department of Defense; and

14

(3) in the case of an expired account, the obli-

15

gation is not chargeable to a current appropriation

16

of the Department of Defense under the provisions

17

of section 1405(b)(8) of the National Defense Au-

18

thorization Act for Fiscal Year 1991, Public Law

19

101–510, as amended (31 U.S.C. 1551 note): Pro-

20

vided, That in the case of an expired account, if sub-

21

sequent review or investigation discloses that there

22

was not in fact a negative unliquidated or unex-

23

pended balance in the account, any charge to a cur-

24

rent account under the authority of this section shall

25

be reversed and recorded against the expired ac-

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280 1

count: Provided further, That the total amount

2

charged to a current appropriation under this sec-

3

tion may not exceed an amount equal to 1 percent

4

of the total appropriation for that account.

5

SEC. 8053. (a) Notwithstanding any other provision

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance 8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard 10 Bureau shall establish the amount of reimbursement for 11 such use on a case-by-case basis. 12

(b) Amounts collected under subsection (a) shall be

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs 15 associated with the use of equipment of the project under 16 that subsection. Such funds shall be available for such 17 purposes without fiscal year limitation. 18

SEC. 8054. Using funds made available by this Act

19 or any other Act, the Secretary of the Air Force, pursuant 20 to a determination under section 2690 of title 10, United 21 States Code, may implement cost-effective agreements for 22 required

heating

facility

modernization

in

the

23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of 25 Kaiserslautern and at the Rhine Ordnance Barracks area,

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281 1 such agreements will include the use of United States an2 thracite as the base load energy for municipal district heat 3 to the United States Defense installations: Provided fur4 ther, That at Landstuhl Army Regional Medical Center 5 and Ramstein Air Base, furnished heat may be obtained 6 from private, regional or municipal services, if provisions 7 are included for the consideration of United States coal 8 as an energy source. 9

SEC. 8055. None of the funds appropriated in title

10 IV of this Act may be used to procure end-items for deliv11 ery to military forces for operational training, operational 12 use or inventory requirements: Provided, That this restric13 tion does not apply to end-items used in development, 14 prototyping, and test activities preceding and leading to 15 acceptance for operational use: Provided further, That this 16 restriction does not apply to programs funded within the 17 National Intelligence Program: Provided further, That the 18 Secretary of Defense may waive this restriction on a case19 by-case basis by certifying in writing to the Committees 20 on Appropriations of the House of Representatives and the 21 Senate that it is in the national security interest to do 22 so. 23

SEC. 8056. (a) The Secretary of Defense may, on a

24 case-by-case basis, waive with respect to a foreign country 25 each limitation on the procurement of defense items from

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282 1 foreign sources provided in law if the Secretary determines 2 that the application of the limitation with respect to that 3 country would invalidate cooperative programs entered 4 into between the Department of Defense and the foreign 5 country, or would invalidate reciprocal trade agreements 6 for the procurement of defense items entered into under 7 section 2531 of title 10, United States Code, and the 8 country does not discriminate against the same or similar 9 defense items produced in the United States for that coun10 try. 11

(b) Subsection (a) applies with respect to—

12

(1) contracts and subcontracts entered into on

13

or after the date of the enactment of this Act; and

14

(2) options for the procurement of items that

15

are exercised after such date under contracts that

16

are entered into before such date if the option prices

17

are adjusted for any reason other than the applica-

18

tion of a waiver granted under subsection (a).

19

(c) Subsection (a) does not apply to a limitation re-

20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 22 section 11 (chapters 50–65) of the Harmonized Tariff 23 Schedule and products classified under headings 4010, 24 4202, 4203, 6401 through 6406, 6505, 7019, 7218

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283 1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 2 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 3

SEC. 8057. (a) IN GENERAL.—

4

(1) None of the funds made available by this

5

Act may be used for any training, equipment, or

6

other assistance for the members of a unit of a for-

7

eign security force if the Secretary of Defense has

8

credible information that the unit has committed a

9

gross violation of human rights.

10

(2) The Secretary of Defense, in consultation

11

with the Secretary of State, shall ensure that prior

12

to a decision to provide any training, equipment, or

13

other assistance to a unit of a foreign security force

14

full consideration is given to any credible informa-

15

tion available to the Department of State relating to

16

human rights violations by such unit.

17

(b) EXCEPTION.—The prohibition in subsection

18 (a)(1) shall not apply if the Secretary of Defense, after 19 consultation with the Secretary of State, determines that 20 the government of such country has taken all necessary 21 corrective steps, or if the equipment or other assistance 22 is necessary to assist in disaster relief operations or other 23 humanitarian or national security emergencies. 24

(c) WAIVER.—The Secretary of Defense, after con-

25 sultation with the Secretary of State, may waive the prohi-

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284 1 bition in subsection (a)(1) if the Secretary of Defense de2 termines that such waiver is required by extraordinary cir3 cumstances. 4

(d) PROCEDURES.—The Secretary of Defense shall

5 establish, and periodically update, procedures to ensure 6 that any information in the possession of the Department 7 of Defense about gross violations of human rights by units 8 of foreign security forces is shared on a timely basis with 9 the Department of State. 10

(e) REPORT.—Not more than 15 days after the appli-

11 cation of any exception under subsection (b) or the exer12 cise of any waiver under subsection (c), the Secretary of 13 Defense shall submit to the appropriate congressional 14 committees a report— 15

(1) in the case of an exception under subsection

16

(b), providing notice of the use of the exception and

17

stating the grounds for the exception; and

18

(2) in the case of a waiver under subsection (c),

19

describing the information relating to the gross vio-

20

lation of human rights; the extraordinary or other

21

circumstances that necessitate the waiver; the pur-

22

pose and duration of the training, equipment, or

23

other assistance; and the United States forces and

24

the foreign security force unit involved.

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285 1

(f) DEFINITION.—For purposes of this section the

2 term ‘‘appropriate congressional committees’’ means the 3 congressional defense committees and the Committees on 4 Appropriations. 5

SEC. 8058. None of the funds appropriated or other-

6 wise made available by this or other Department of De7 fense Appropriations Acts may be obligated or expended 8 for the purpose of performing repairs or maintenance to 9 military family housing units of the Department of De10 fense, including areas in such military family housing 11 units that may be used for the purpose of conducting offi12 cial Department of Defense business. 13

SEC. 8059. Notwithstanding any other provision of

14 law, funds appropriated in this Act under the heading 15 ‘‘Research, Development, Test and Evaluation, Defense16 Wide’’ for any new start advanced concept technology 17 demonstration project or joint capability demonstration 18 project may only be obligated 45 days after a report, in19 cluding a description of the project, the planned acquisi20 tion and transition strategy and its estimated annual and 21 total cost, has been provided in writing to the congres22 sional defense committees: Provided, That the Secretary 23 of Defense may waive this restriction on a case-by-case 24 basis by certifying to the congressional defense committees 25 that it is in the national interest to do so.

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286 1

SEC. 8060. The Secretary of Defense shall provide

2 a classified quarterly report beginning 30 days after enact3 ment of this Act, to the House and Senate Appropriations 4 Committees, Subcommittees on Defense on certain mat5 ters as directed in the classified annex accompanying this 6 Act. 7

SEC. 8061. During the current fiscal year, none of

8 the funds available to the Department of Defense may be 9 used to provide support to another department or agency 10 of the United States if such department or agency is more 11 than 90 days in arrears in making payment to the Depart12 ment of Defense for goods or services previously provided 13 to such department or agency on a reimbursable basis: 14 Provided, That this restriction shall not apply if the de15 partment is authorized by law to provide support to such 16 department or agency on a nonreimbursable basis, and is 17 providing the requested support pursuant to such author18 ity: Provided further, That the Secretary of Defense may 19 waive this restriction on a case-by-case basis by certifying 20 in writing to the Committees on Appropriations of the 21 House of Representatives and the Senate that it is in the 22 national security interest to do so. 23

SEC. 8062. Notwithstanding section 12310(b) of title

24 10, United States Code, a Reserve who is a member of 25 the National Guard serving on full-time National Guard

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287 1 duty under section 502(f) of title 32, United States Code, 2 may perform duties in support of the ground-based ele3 ments of the National Ballistic Missile Defense System. 4

SEC. 8063. None of the funds provided in this Act

5 may be used to transfer to any nongovernmental entity 6 ammunition held by the Department of Defense that has 7 a center-fire cartridge and a United States military no8 menclature designation of ‘‘armor penetrator’’, ‘‘armor 9 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 10 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 11 entity performing demilitarization services for the Depart12 ment of Defense under a contract that requires the entity 13 to demonstrate to the satisfaction of the Department of 14 Defense that armor piercing projectiles are either: (1) ren15 dered incapable of reuse by the demilitarization process; 16 or (2) used to manufacture ammunition pursuant to a con17 tract with the Department of Defense or the manufacture 18 of ammunition for export pursuant to a License for Per19 manent Export of Unclassified Military Articles issued by 20 the Department of State. 21

SEC. 8064. Notwithstanding any other provision of

22 law, the Chief of the National Guard Bureau, or his des23 ignee, may waive payment of all or part of the consider24 ation that otherwise would be required under section 2667 25 of title 10, United States Code, in the case of a lease of

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288 1 personal property for a period not in excess of 1 year to 2 any organization specified in section 508(d) of title 32, 3 United States Code, or any other youth, social, or fra4 ternal nonprofit organization as may be approved by the 5 Chief of the National Guard Bureau, or his designee, on 6 a case-by-case basis. 7

SEC. 8065. None of the funds appropriated by this

8 Act shall be used for the support of any nonappropriated 9 funds activity of the Department of Defense that procures 10 malt beverages and wine with nonappropriated funds for 11 resale (including such alcoholic beverages sold by the 12 drink) on a military installation located in the United 13 States unless such malt beverages and wine are procured 14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military 16 installation is located: Provided, That in a case in which 17 the military installation is located in more than one State, 18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall 21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another 23 State: Provided further, That alcoholic beverages other 24 than wine and malt beverages, in contiguous States and

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289 1 the District of Columbia shall be procured from the most 2 competitive source, price and other factors considered. 3

(INCLUDING TRANSFER OF FUNDS)

4

SEC. 8066. Of the amounts appropriated in this Act

5 under the heading ‘‘Operation and Maintenance, Army’’, 6 $108,725,800 shall remain available until expended: Pro7 vided, That notwithstanding any other provision of law, 8 the Secretary of Defense is authorized to transfer such 9 funds to other activities of the Federal Government: Pro10 vided further, That the Secretary of Defense is authorized 11 to enter into and carry out contracts for the acquisition 12 of real property, construction, personal services, and oper13 ations related to projects carrying out the purposes of this 14 section: Provided further, That contracts entered into 15 under the authority of this section may provide for such 16 indemnification as the Secretary determines to be nec17 essary: Provided further, That projects authorized by this 18 section shall comply with applicable Federal, State, and 19 local law to the maximum extent consistent with the na20 tional security, as determined by the Secretary of Defense. 21

SEC. 8067. Section 8106 of the Department of De-

22 fense Appropriations Act, 1997 (titles I through VIII of 23 the matter under subsection 101(b) of Public Law 104– 24 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-

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290 1 tinue in effect to apply to disbursements that are made 2 by the Department of Defense in fiscal year 2014. 3

(INCLUDING TRANSFER OF FUNDS)

4

SEC. 8068. During the current fiscal year, not to ex-

5 ceed $200,000,000 from funds available under ‘‘Operation 6 and Maintenance, Defense-Wide’’ may be transferred to 7 the Department of State ‘‘Global Security Contingency 8 Fund’’: Provided, That this transfer authority is in addi9 tion to any other transfer authority available to the De10 partment of Defense: Provided further, That the Secretary 11 of Defense shall, not fewer than 30 days prior to making 12 transfers to the Department of State ‘‘Global Security 13 Contingency Fund’’, notify the congressional defense com14 mittees in writing with the source of funds and a detailed 15 justification, execution plan, and timeline for each pro16 posed project. 17

SEC. 8069. In addition to amounts provided else-

18 where in this Act, $4,000,000 is hereby appropriated to 19 the Department of Defense, to remain available for obliga20 tion until expended: Provided, That notwithstanding any 21 other provision of law, that upon the determination of the 22 Secretary of Defense that it shall serve the national inter23 est, these funds shall be available only for a grant to the 24 Fisher House Foundation, Inc., only for the construction 25 and furnishing of additional Fisher Houses to meet the

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291 1 needs of military family members when confronted with 2 the illness or hospitalization of an eligible military bene3 ficiary. 4

(INCLUDING TRANSFER OF FUNDS)

5

SEC. 8070. Of the amounts appropriated in this Act

6 under the headings ‘‘Procurement, Defense-Wide’’ and 7 ‘‘Research, Development, Test and Evaluation, Defense8 Wide’’, $504,091,000 shall be for the Israeli Cooperative 9 Programs: Provided, That of this amount, $235,309,000 10 shall be for the Secretary of Defense to provide to the Gov11 ernment of Israel for the procurement of the Iron Dome 12 defense system to counter short-range rocket threats, in13 cluding $15,000,000 for non-recurring engineering costs 14 in connection with the establishment of a capacity for co15 production in the United States by industry of the United 16 States of parts and components for the Iron Dome short17 range rocket defense program; $149,712,000 shall be for 18 the Short Range Ballistic Missile Defense (SRBMD) pro19 gram, including cruise missile defense research and devel20 opment

under

the

SRBMD

program,

of

which

21 $15,000,000 shall be for production activities of SRBMD 22 missiles in the United States and in Israel to meet Israel’s 23 defense requirements consistent with each nation’s laws, 24 regulations, and procedures; $74,707,000 shall be avail25 able for an upper-tier component to the Israeli Missile De-

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292 1 fense Architecture; and $44,363,000 shall be for the 2 Arrow System Improvement Program including develop3 ment of a long range, ground and airborne, detection 4 suite: Provided further, That funds made available under 5 this provision for production of missiles and missile com6 ponents may be transferred to appropriations available for 7 the procurement of weapons and equipment, to be merged 8 with and to be available for the same time period and the 9 same purposes as the appropriation to which transferred: 10 Provided further, That the transfer authority provided 11 under this provision is in addition to any other transfer 12 authority contained in this Act. 13

SEC. 8071. None of the funds available to the De-

14 partment of Defense may be obligated to modify command 15 and control relationships to give Fleet Forces Command 16 operational and administrative control of U.S. Navy forces 17 assigned to the Pacific fleet: Provided, That the command 18 and control relationships which existed on October 1, 19 2004, shall remain in force unless changes are specifically 20 authorized in a subsequent Act: Provided further, That 21 this section does not apply to administrative control of 22 Navy Air and Missile Defense Command. 23

(INCLUDING TRANSFER OF FUNDS)

24

SEC. 8072. Of the amounts appropriated in this Act

25 under the heading ‘‘Shipbuilding and Conversion, Navy’’,

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293 1 $960,400,000 shall be available until September 30, 2014, 2 to fund prior year shipbuilding cost increases: Provided, 3 That upon enactment of this Act, the Secretary of the 4 Navy shall transfer funds to the following appropriations 5 in the amounts specified: Provided further, That the 6 amounts transferred shall be merged with and be available 7 for the same purposes as the appropriations to which 8 transferred to: 9

(1) Under the heading ‘‘Shipbuilding and Con-

10

version, Navy’’, 2007/2014: LHA Replacement Pro-

11

gram $37,700,000;

12

(2) Under the heading ‘‘Shipbuilding and Con-

13

version, Navy’’, 2008/2014: Carrier Replacement

14

Program $588,100,000;

15

(3) Under the heading ‘‘Shipbuilding and Con-

16

version, Navy’’, 2010/2014: Joint High Speed Vessel

17

$7,600,000;

18

(4) Under the heading ‘‘Shipbuilding and Con-

19

version, Navy’’, 2013/2014: Virginia class submarine

20

$227,000,000; and

21

(5) Under the heading ‘‘Shipbuilding and Con-

22

version, Navy’’, 2013/2014: DDG–51 $100,000,000.

23

SEC. 8073. Funds appropriated by this Act, or made

24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized

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294 1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 3 year 2014 until the enactment of the Intelligence Author4 ization Act for Fiscal Year 2014. 5

SEC. 8074. None of the funds provided in this Act

6 shall be available for obligation or expenditure through a 7 reprogramming of funds that creates or initiates a new 8 program, project, or activity unless such program, project, 9 or activity must be undertaken immediately in the interest 10 of national security and only after written prior notifica11 tion to the congressional defense committees. 12

SEC. 8075. The budget of the President for fiscal

13 year 2015 submitted to the Congress pursuant to section 14 1105 of title 31, United States Code, shall include sepa15 rate budget justification documents for costs of United 16 States Armed Forces’ participation in contingency oper17 ations for the Military Personnel accounts, the Operation 18 and Maintenance accounts, the Procurement accounts, 19 and the Research, Development, Test and Evaluation ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 23 Reserve components, and for each appropriations account: 24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class,

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295 1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 3 not limited to, troop strength for each Active and Reserve 4 component, and estimates of the major weapons systems 5 deployed in support of each contingency: Provided further, 6 That these documents shall include budget exhibits OP– 7 5 and OP–32 (as defined in the Department of Defense 8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 10 years. 11

SEC. 8076. None of the funds in this Act may be

12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a 14 missile defense system. 15

SEC. 8077. In addition to the amounts appropriated

16 or otherwise made available elsewhere in this Act, 17 $44,000,000 is hereby appropriated to the Department of 18 Defense: Provided, That upon the determination of the 19 Secretary of Defense that it shall serve the national inter20 est, the Secretary shall make grants in the amounts speci21 fied as follows: $20,000,000 to the United Service Organi22 zations and $24,000,000 to the Red Cross. 23

SEC. 8078. None of the funds appropriated or made

24 available in this Act shall be used to reduce or disestablish 25 the operation of the 53rd Weather Reconnaissance Squad-

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296 1 ron of the Air Force Reserve, if such action would reduce 2 the WC–130 Weather Reconnaissance mission below the 3 levels funded in this Act: Provided, That the Air Force 4 shall allow the 53rd Weather Reconnaissance Squadron to 5 perform other missions in support of national defense re6 quirements during the non-hurricane season. 7

SEC. 8079. None of the funds provided in this Act

8 shall be available for integration of foreign intelligence in9 formation unless the information has been lawfully col10 lected and processed during the conduct of authorized for11 eign intelligence activities: Provided, That information 12 pertaining to United States persons shall only be handled 13 in accordance with protections provided in the Fourth 14 Amendment of the United States Constitution as imple15 mented through Executive Order No. 12333. 16

SEC. 8080. (a) At the time members of reserve com-

17 ponents of the Armed Forces are called or ordered to ac18 tive duty under section 12302(a) of title 10, United States 19 Code, each member shall be notified in writing of the ex20 pected period during which the member will be mobilized. 21

(b) The Secretary of Defense may waive the require-

22 ments of subsection (a) in any case in which the Secretary 23 determines that it is necessary to do so to respond to a 24 national security emergency or to meet dire operational 25 requirements of the Armed Forces.

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297 1

(INCLUDING TRANSFER OF FUNDS)

2

SEC. 8081. The Secretary of Defense may transfer

3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes 6 resulting from inflation, market fluctuations, or rate ad7 justments for any ship construction program appropriated 8 in law: Provided, That the Secretary may transfer not to 9 exceed $100,000,000 under the authority provided by this 10 section: Provided further, That the Secretary may not 11 transfer any funds until 30 days after the proposed trans12 fer has been reported to the Committees on Appropria13 tions of the House of Representatives and the Senate, un14 less a response from the Committees is received sooner: 15 Provided further, That any funds transferred pursuant to 16 this section shall retain the same period of availability as 17 when originally appropriated: Provided further, That the 18 transfer authority provided by this section is in addition 19 to any other transfer authority contained elsewhere in this 20 Act. 21

SEC. 8082. For purposes of section 7108 of title 41,

22 United States Code, any subdivision of appropriations 23 made under the heading ‘‘Shipbuilding and Conversion, 24 Navy’’ that is not closed at the time reimbursement is 25 made shall be available to reimburse the Judgment Fund

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298 1 and shall be considered for the same purposes as any sub2 division under the heading ‘‘Shipbuilding and Conversion, 3 Navy’’ appropriations in the current fiscal year or any 4 prior fiscal year. 5

SEC. 8083. (a) None of the funds appropriated by

6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to 8 current tactical unmanned aerial vehicles (TUAVs) from 9 the Army. 10

(b) The Army shall retain responsibility for and oper-

11 ational control of the MQ–1C Gray Eagle Unmanned Aer12 ial Vehicle (UAV) in order to support the Secretary of De13 fense in matters relating to the employment of unmanned 14 aerial vehicles. 15

SEC. 8084. Up to $15,000,000 of the funds appro-

16 priated under the heading ‘‘Operation and Maintenance, 17 Navy’’ may be made available for the Asia Pacific Re18 gional Initiative Program for the purpose of enabling the 19 Pacific Command to execute Theater Security Cooperation 20 activities such as humanitarian assistance, and payment 21 of incremental and personnel costs of training and exer22 cising with foreign security forces: Provided, That funds 23 made available for this purpose may be used, notwith24 standing any other funding authorities for humanitarian 25 assistance, security assistance or combined exercise ex-

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299 1 penses: Provided further, That funds may not be obligated 2 to provide assistance to any foreign country that is other3 wise prohibited from receiving such type of assistance 4 under any other provision of law. 5

SEC. 8085. None of the funds appropriated by this

6 Act for programs of the Office of the Director of National 7 Intelligence shall remain available for obligation beyond 8 the current fiscal year, except for funds appropriated for 9 research and technology, which shall remain available until 10 September 30, 2015. 11

SEC. 8086. For purposes of section 1553(b) of title

12 31, United States Code, any subdivision of appropriations 13 made in this Act under the heading ‘‘Shipbuilding and 14 Conversion, Navy’’ shall be considered to be for the same 15 purpose as any subdivision under the heading ‘‘Ship16 building and Conversion, Navy’’ appropriations in any 17 prior fiscal year, and the 1 percent limitation shall apply 18 to the total amount of the appropriation. 19

SEC. 8087. (a) Not later than 60 days after the date

20 of enactment of this Act, the Director of National Intel21 ligence shall submit a report to the congressional intel22 ligence committees to establish the baseline for application 23 of reprogramming and transfer authorities for fiscal year 24 2014: Provided, That the report shall include—

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300 1

(1) a table for each appropriation with a sepa-

2

rate column to display the President’s budget re-

3

quest, adjustments made by Congress, adjustments

4

due to enacted rescissions, if appropriate, and the

5

fiscal year enacted level;

6

(2) a delineation in the table for each appro-

7

priation by Expenditure Center and project; and

8

(3) an identification of items of special congres-

9

sional interest.

10

(b) None of the funds provided for the National Intel-

11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence 14 committees, unless the Director of National Intelligence 15 certifies in writing to the congressional intelligence com16 mittees that such reprogramming or transfer is necessary 17 as an emergency requirement. 18

(INCLUDING TRANSFER OF FUNDS)

19

SEC. 8088. Of the funds appropriated in the Intel-

20 ligence Community Management Account for the Program 21 Manager for the Information Sharing Environment, 22 $20,000,000 is available for transfer by the Director of 23 National Intelligence to other departments and agencies 24 for purposes of Government-wide information sharing ac25 tivities: Provided, That funds transferred under this provi-

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301 1 sion are to be merged with and available for the same pur2 poses and time period as the appropriation to which trans3 ferred: Provided further, That the Office of Management 4 and Budget must approve any transfers made under this 5 provision. 6

SEC. 8089. (a) None of the funds provided for the

7 National Intelligence Program in this or any prior appro8 priations Act shall be available for obligation or expendi9 ture through a reprogramming or transfer of funds in ac10 cordance with section 102A(d) of the National Security 11 Act of 1947 (50 U.S.C. 3024(d)) that— 12

(1) creates a new start effort;

13

(2) terminates a program with appropriated

14

funding of $10,000,000 or more;

15

(3) transfers funding into or out of the Na-

16

tional Intelligence Program; or

17

(4) transfers funding between appropriations,

18 unless the congressional intelligence committees are noti19 fied 30 days in advance of such reprogramming of funds; 20 this notification period may be reduced for urgent national 21 security requirements. 22

(b) None of the funds provided for the National Intel-

23 ligence Program in this or any prior appropriations Act 24 shall be available for obligation or expenditure through a 25 reprogramming or transfer of funds in accordance with

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302 1 section 102A(d) or the National Security Act of 1947 (50 2 U.S.C. 3024(d)) that results in a cumulative increase or 3 decrease of the levels specified in the classified annex ac4 companying the Act unless the congressional intelligence 5 committees are notified 30 days in advance of such re6 programming of funds; this notification period may be re7 duced for urgent national security requirements. 8

SEC. 8090. The Director of National Intelligence

9 shall submit to Congress each year, at or about the time 10 that the President’s budget is submitted to Congress that 11 year under section 1105(a) of title 31, United States 12 Code, a future-years intelligence program (including asso13 ciated annexes) reflecting the estimated expenditures and 14 proposed appropriations included in that budget. Any such 15 future-years intelligence program shall cover the fiscal 16 year with respect to which the budget is submitted and 17 at least the four succeeding fiscal years. 18

SEC. 8091. For the purposes of this Act, the term

19 ‘‘congressional intelligence committees’’ means the Perma20 nent Select Committee on Intelligence of the House of 21 Representatives, the Select Committee on Intelligence of 22 the Senate, the Subcommittee on Defense of the Com23 mittee on Appropriations of the House of Representatives, 24 and the Subcommittee on Defense of the Committee on 25 Appropriations of the Senate.

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303 1

SEC. 8092. The Department of Defense shall con-

2 tinue to report incremental contingency operations costs 3 for Operation Enduring Freedom on a monthly basis and 4 any other operation designated and identified by the Sec5 retary of Defense for the purposes of section 127a of title 6 10, United States Code, on a semi-annual basis in the 7 Cost of War Execution Report as prescribed in the De8 partment of Defense Financial Management Regulation 9 Department of Defense Instruction 7000.14, Volume 12, 10 Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated 11 September 2005. 12

(INCLUDING TRANSFER OF FUNDS)

13

SEC. 8093. During the current fiscal year, not to ex-

14 ceed $11,000,000 from each of the appropriations made 15 in title II of this Act for ‘‘Operation and Maintenance, 16 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper17 ation and Maintenance, Air Force’’ may be transferred by 18 the military department concerned to its central fund es19 tablished for Fisher Houses and Suites pursuant to sec20 tion 2493(d) of title 10, United States Code. 21

(INCLUDING TRANSFER OF FUNDS)

22

SEC. 8094. Funds appropriated by this Act for oper-

23 ation and maintenance may be available for the purpose 24 of making remittances and transfers to the Defense Acqui-

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304 1 sition Workforce Development Fund in accordance with 2 section 1705 of title 10, United States Code. 3

SEC. 8095. (a) Any agency receiving funds made

4 available in this Act, shall, subject to subsections (b) and 5 (c), post on the public website of that agency any report 6 required to be submitted by the Congress in this or any 7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest. 9

(b) Subsection (a) shall not apply to a report if—

10

(1) the public posting of the report com-

11

promises national security; or

12

(2) the report contains proprietary information.

13

(c) The head of the agency posting such report shall

14 do so only after such report has been made available to 15 the requesting Committee or Committees of Congress for 16 no less than 45 days. 17

SEC. 8096. (a) None of the funds appropriated or

18 otherwise made available by this Act may be expended for 19 any Federal contract for an amount in excess of 20 $1,000,000, unless the contractor agrees not to— 21

(1) enter into any agreement with any of its

22

employees or independent contractors that requires,

23

as a condition of employment, that the employee or

24

independent contractor agree to resolve through ar-

25

bitration any claim under title VII of the Civil

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305 1

Rights Act of 1964 or any tort related to or arising

2

out of sexual assault or harassment, including as-

3

sault and battery, intentional infliction of emotional

4

distress, false imprisonment, or negligent hiring, su-

5

pervision, or retention; or

6

(2) take any action to enforce any provision of

7

an existing agreement with an employee or inde-

8

pendent contractor that mandates that the employee

9

or independent contractor resolve through arbitra-

10

tion any claim under title VII of the Civil Rights Act

11

of 1964 or any tort related to or arising out of sex-

12

ual assault or harassment, including assault and

13

battery, intentional infliction of emotional distress,

14

false imprisonment, or negligent hiring, supervision,

15

or retention.

16

(b) None of the funds appropriated or otherwise

17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires 19 each covered subcontractor to agree not to enter into, and 20 not to take any action to enforce any provision of, any 21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent 23 contractor performing work related to such subcontract. 24 For purposes of this subsection, a ‘‘covered subcon-

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306 1 tractor’’ is an entity that has a subcontract in excess of 2 $1,000,000 on a contract subject to subsection (a). 3

(c) The prohibitions in this section do not apply with

4 respect to a contractor’s or subcontractor’s agreements 5 with employees or independent contractors that may not 6 be enforced in a court of the United States. 7

(d) The Secretary of Defense may waive the applica-

8 tion of subsection (a) or (b) to a particular contractor or 9 subcontractor for the purposes of a particular contract or 10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid 12 harm to national security interests of the United States, 13 and that the term of the contract or subcontract is not 14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the 16 waiver and for the contract or subcontract term selected, 17 and shall state any alternatives considered in lieu of a 18 waiver and the reasons each such alternative would not 19 avoid harm to national security interests of the United 20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination 22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded.

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307 1

SEC. 8097. None of the funds made available under

2 this Act may be distributed to the Association of Commu3 nity Organizations for Reform Now (ACORN) or its sub4 sidiaries. 5

(INCLUDING TRANSFER OF FUNDS)

6

SEC. 8098. From within the funds appropriated for

7 operation and maintenance for the Defense Health Pro8 gram in this Act, up to $143,087,000, shall be available 9 for transfer to the Joint Department of Defense-Depart10 ment of Veterans Affairs Medical Facility Demonstration 11 Fund in accordance with the provisions of section 1704 12 of the National Defense Authorization Act for Fiscal Year 13 2010, Public Law 111–84: Provided, That for purposes 14 of section 1704(b), the facility operations funded are oper15 ations of the integrated Captain James A. Lovell Federal 16 Health Care Center, consisting of the North Chicago Vet17 erans Affairs Medical Center, the Navy Ambulatory Care 18 Center, and supporting facilities designated as a combined 19 Federal medical facility as described by section 706 of 20 Public Law 110–417: Provided further, That additional 21 funds may be transferred from funds appropriated for op22 eration and maintenance for the Defense Health Program 23 to the Joint Department of Defense-Department of Vet24 erans Affairs Medical Facility Demonstration Fund upon 25 written notification by the Secretary of Defense to the

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308 1 Committees on Appropriations of the House of Represent2 atives and the Senate. 3

SEC. 8099. The Office of the Director of National

4 Intelligence shall not employ more Senior Executive em5 ployees than are specified in the classified annex. 6

SEC. 8100. None of the funds appropriated or other-

7 wise made available by this Act may be obligated or ex8 pended to pay a retired general or flag officer to serve 9 as a senior mentor advising the Department of Defense 10 unless such retired officer files a Standard Form 278 (or 11 successor form concerning public financial disclosure 12 under part 2634 of title 5, Code of Federal Regulations) 13 to the Office of Government Ethics. 14

SEC. 8101. Appropriations available to the Depart-

15 ment of Defense may be used for the purchase of heavy 16 and light armored vehicles for the physical security of per17 sonnel or for force protection purposes up to a limit of 18 $250,000 per vehicle, notwithstanding price or other limi19 tations applicable to the purchase of passenger carrying 20 vehicles. 21

SEC. 8102. Of the amounts appropriated for ‘‘Oper-

22 ation and Maintenance, Defense-Wide’’ the following 23 amounts shall be available to the Secretary of Defense, 24 for the following authorized purposes, notwithstanding 25 any other provision of law, acting through the Office of

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309 1 Economic Adjustment of the Department of Defense, to 2 make grants, conclude cooperative agreements, and sup3 plement other Federal funds, to remain available until ex4 pended, to support critical existing and enduring military 5 installations and missions on Guam, as well as any poten6 tial Department of Defense growth: (1) $106,400,000 for 7 addressing the need for civilian water and wastewater im8 provements, and (2) $13,000,000 for construction of a re9 gional public health laboratory: Provided, That the Sec10 retary of Defense shall, not fewer than 15 days prior to 11 obligating funds for either of the forgoing purposes, notify 12 the congressional defense committees in writing of the de13 tails of any such obligation. 14

SEC. 8103. None of the funds made available by this

15 Act may be used by the Secretary of Defense to take bene16 ficial occupancy of more than 3,000 parking spaces (other 17 than handicap-reserved spaces) to be provided by the 18 BRAC 133 project: Provided, That this limitation may be 19 waived in part if: (1) the Secretary of Defense certifies 20 to Congress that levels of service at existing intersections 21 in the vicinity of the project have not experienced failing 22 levels of service as defined by the Transportation Research 23 Board Highway Capacity Manual over a consecutive 9024 day period; (2) the Department of Defense and the Vir25 ginia Department of Transportation agree on the number

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310 1 of additional parking spaces that may be made available 2 to employees of the facility subject to continued 90-day 3 traffic monitoring; and (3) the Secretary of Defense noti4 fies the congressional defense committees in writing at 5 least 14 days prior to exercising this waiver of the number 6 of additional parking spaces to be made available. 7

SEC. 8104. The Secretary of Defense shall report

8 quarterly the numbers of civilian personnel end strength 9 by appropriation account for each and every appropriation 10 account used to finance Federal civilian personnel salaries 11 to the congressional defense committees within 15 days 12 after the end of each fiscal quarter. 13

SEC. 8105. (a) None of the funds appropriated in this

14 or any other Act may be used to take any action to mod15 ify— 16

(1) the appropriations account structure for the

17

National Intelligence Program budget, including

18

through the creation of a new appropriation or new

19

appropriations account;

20

(2) how the National Intelligence Program

21

budget request is presented, organized, and managed

22

within the Department of Defense budget;

23

(3) how the National Intelligence Program ap-

24

propriations are apportioned to the executing agen-

25

cies; or

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311 1

(4) how the National Intelligence Program ap-

2

propriations are allotted, obligated and disbursed.

3

(b) The Director of National Intelligence and the Sec-

4 retary of Defense may jointly, only for the purposes of 5 achieving auditable financial statements and improving 6 fiscal reporting, study and develop detailed proposals for 7 alternative financial management processes. Such study 8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes 10 will adversely affect counterintelligence. 11

(c) Upon development of the detailed proposals de-

12 fined under subsection (b), the Director of National Intel13 ligence and the Secretary of Defense shall— 14

(1) provide the proposed alternatives to all af-

15

fected agencies;

16

(2) receive certification from all affected agen-

17

cies attesting that the proposed alternatives will help

18

achieve auditability, improve fiscal reporting, and

19

will not adversely affect counterintelligence; and

20

(3) not later than 30 days after receiving all

21

necessary certifications under paragraph (2), present

22

the proposed alternatives and certifications to the

23

congressional defense and intelligence committees.

24

(d) This section shall not be construed to alter or af-

25 fect the application of section 924 of the National Defense

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312 1 Authorization Act for Fiscal Year 2014 to the amounts 2 made available by this Act. 3

(INCLUDING TRANSFER OF FUNDS)

4

SEC. 8106. Upon a determination by the Director of

5 National Intelligence that such action is necessary and in 6 the national interest, the Director may, with the approval 7 of the Office of Management and Budget, transfer not to 8 exceed $2,000,000,000 of the funds made available in this 9 Act for the National Intelligence Program: Provided, That 10 such authority to transfer may not be used unless for 11 higher priority items, based on unforeseen intelligence re12 quirements, than those for which originally appropriated 13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further, 15 That a request for multiple reprogrammings of funds 16 using authority provided in this section shall be made 17 prior to June 30, 2014. 18

(INCLUDING TRANSFER OF FUNDS)

19

(INCLUDING RESCISSION OF FUNDS)

20

SEC. 8107. (a) Of the funds previously appropriated

21 for the ‘‘Ship Modernization, Operations and Sustainment 22 Fund’’, $1,920,000,000 is hereby rescinded; 23

(b) There is appropriated $2,244,400,000 for the

24 ‘‘Ship

Modernization,

Operations

and

Sustainment

25 Fund’’, to remain available until September 30, 2021:

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313 1 Provided, That the Secretary of the Navy shall transfer 2 funds from the ‘‘Ship Modernization, Operations and 3 Sustainment Fund’’ to appropriations for military per4 sonnel; operation and maintenance; research, development, 5 test and evaluation; and procurement, only for the pur6 poses of manning, operating, sustaining, equipping and 7 modernizing the Ticonderoga-class guided missile cruisers 8 CG–63, CG–64, CG–65, CG–66, CG–68, CG–69, CG–73, 9 and the Whidbey Island-class dock landing ships LSD– 10 41 and LSD–46: Provided further, That funds transferred 11 shall be merged with and be available for the same pur12 poses and for the same time period as the appropriation 13 to which they are transferred: Provided further, That the 14 transfer authority provided herein shall be in addition to 15 any other transfer authority available to the Department 16 of Defense: Provided further, That the Secretary of the 17 Navy shall, not less than 30 days prior to making any 18 transfer from the ‘‘Ship Modernization, Operations and 19 Sustainment Fund’’, notify the congressional defense com20 mittees in writing of the details of such transfer: Provided 21 further, That the Secretary of the Navy shall transfer and 22 obligate funds from the ‘‘Ship Modernization, Operations 23 and Sustainment Fund’’ for modernization of not less 24 than one Ticonderoga-class guided missile cruiser as de25 tailed above in fiscal year 2014: Provided further, That

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314 1 the prohibition in section 2244a(a) of title 10, United 2 States Code, shall not apply to the use of any funds trans3 ferred pursuant to this subsection. 4

SEC. 8108. The Under Secretary of Defense for Per-

5 sonnel and Readiness shall conduct a study to be known 6 as the ‘‘Review of Superintendents of Military Service 7 Academies’’: Provided, That the study shall use the vast 8 resources in Professional Military Education and Training 9 to provide an objective and comprehensive evaluation of 10 the role of a modern superintendent of a military service 11 academy, including the criteria to be used in selecting and 12 evaluating the performance of a superintendent of a mili13 tary service academy: Provided further, That not later 14 than 180 days after the date of the enactment of this Act, 15 the review board shall submit to the Secretary of Defense 16 and to the congressional defense committees a report on 17 the findings of the review under this section: Provided fur18 ther, That in addition to amounts appropriated or other19 wise made available by this Act, $1,000,000 shall be avail20 able for the review. 21

SEC. 8109. Notwithstanding any other provision of

22 this Act, to reflect savings due to favorable foreign ex23 change rates, the total amount appropriated in this Act 24 is hereby reduced by $380,000,000.

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315 1

SEC. 8110. None of the funds appropriated or other-

2 wise made available in this or any other Act may be used 3 to transfer, release, or assist in the transfer or release to 4 or within the United States, its territories, or possessions 5 Khalid Sheikh Mohammed or any other detainee who— 6

(1) is not a United States citizen or a member

7

of the Armed Forces of the United States; and

8

(2) is or was held on or after June 24, 2009,

9

at the United States Naval Station, Guanta´namo

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 Guanta´namo Bay, Cuba to the custody or control of the 15 individual’s country of origin, any other foreign country, 16 or any other foreign entity except in accordance with sec17 tion 1035 of the National Defense Authorization Act for 18 Fiscal Year 2014. 19

SEC. 8112. (a) None of the funds appropriated or

20 otherwise made available in this or any other Act may be 21 used to construct, acquire, or modify any facility in the 22 United States, its territories, or possessions to house any 23 individual described in subsection (c) for the purposes of 24 detention or imprisonment in the custody or under the ef25 fective control of the Department of Defense.

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316 1

(b) The prohibition in subsection (a) shall not apply

2 to any modification of facilities at United States Naval 3 Station, Guanta´namo 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, Guanta´namo 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, Guanta´namo Bay, Cuba.

15

SEC. 8113. None of the funds made available by this

16 Act may be used to enter into a contract, memorandum 17 of understanding, or cooperative agreement with, make a 18 grant to, or provide a loan or loan guarantee to, any cor19 poration that any unpaid Federal tax liability that has 20 been assessed, for which all judicial and administrative 21 remedies have been exhausted or have lapsed, and that 22 is not being paid in a timely manner pursuant to an agree23 ment with the authority responsible for collecting the tax 24 liability, where the awarding agency is aware of the unpaid 25 tax liability, unless the agency has considered suspension

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317 1 or debarment of the corporation and made a determination 2 that this further action is not necessary to protect the in3 terests of the Government. 4

SEC. 8114. None of the funds made available by this

5 Act may be used to enter into a contract, memorandum 6 of understanding, or cooperative agreement with, make a 7 grant to, or provide a loan or loan guarantee to, any cor8 poration that was convicted of a felony criminal violation 9 under any Federal law within the preceding 24 months, 10 where the awarding agency is aware of the conviction, un11 less the agency has considered suspension or debarment 12 of the corporation and made a determination that this fur13 ther action is not necessary to protect the interests of the 14 Government. 15

SEC. 8115. None of the funds made available by this

16 Act may be used in contravention of section 1590 or 1591 17 of title 18, United States Code, or in contravention of the 18 requirements of section 106(g) or (h) of the Trafficking 19 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 20 (h)). 21

SEC. 8116. None of the funds made available by this

22 Act for excess defense articles, assistance under section 23 1206 of the National Defense Authorization Act for Fiscal 24 Year 2006 (Public Law 109–163; 119 Stat. 3456), or 25 peacekeeping operations for the countries designated in

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318 1 2013 to be in violation of the standards of the Child Sol2 diers Prevention Act of 2008 may be used to support any 3 military training or operation that includes child soldiers, 4 as defined by the Child Soldiers Prevention Act of 2008 5 (Public Law 110–457; 22 U.S.C. 2370c–1), unless such 6 assistance is otherwise permitted under section 404 of the 7 Child Soldiers Prevention Act of 2008. 8

SEC. 8117. None of the funds made available by this

9 Act may be used in contravention of the War Powers Res10 olution (50 U.S.C. 1541 et seq.). 11

SEC. 8118. The Secretary of the Air Force shall obli-

12 gate and expend funds previously appropriated for the 13 procurement of RQ–4B Global Hawk aircraft for the pur14 poses for which such funds were originally appropriated: 15 Provided, That none of the funds made available by this 16 Act may be used to retire, divest, realign or transfer RQ– 17 4B Global Hawk aircraft, or to disestablish or convert 18 units associated with such aircraft. 19

SEC. 8119. None of the funds made available by this

20 Act may be used by the Department of Defense or any 21 other Federal agency to lease or purchase new light duty 22 vehicles, for any executive fleet, or for an agency’s fleet 23 inventory, except in accordance with Presidential Memo24 randum-Federal Fleet Performance, dated May 24, 2011.

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319 1

SEC. 8120. None of the funds made available by this

2 Act may be used to enter into a contract with any person 3 or other entity listed in the Excluded Parties List System 4 (EPLS)/System for Award Management (SAM) as having 5 been convicted of fraud against the Federal Government. 6

SEC. 8121. (a) None of the funds made available in

7 this Act for the Department of Defense may be used to 8 enter into a contract, memorandum of understanding, or 9 cooperative agreement with, to make a grant to, or to pro10 vide a loan or loan guarantee to Rosoboronexport. 11

(b) The Secretary of Defense may waive the limita-

12 tion in subsection (a) if the Secretary certifies in writing 13 that the waiver is in the national security interest of the 14 United States. 15

(c) REQUIREMENTS RELATING TO OBLIGA-

16 TION OF FUNDS PURSUANT TO WAIVER.— 17

(1) Not later than 30 days before obligating

18

funds pursuant to the waiver under subsection (b),

19

the Secretary of Defense shall submit to the con-

20

gressional defense committees a notice on the obliga-

21

tion of funds pursuant to the waiver.

22

(2) Not later than 15 days after the submittal

23

of the notice under paragraph (1), the Secretary of

24

Defense shall submit to the congressional defense

25

committees a report setting forth the following:

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320 1

(A) An assessment of the number, if any,

2

of S–300 advanced anti-aircraft missiles that

3

Rosoboronexport has delivered to the Assad re-

4

gime in Syria.

5

(B) A list of known contracts, if any, that

6

Rosoboronexport has signed with the Assad re-

7

gime since January 1, 2013.

8

(C) An explanation why it is in the na-

9

tional security interest of the United States to

10

enter into a contract, memorandum of under-

11

standing, or cooperative agreement with, to

12

make a grant to, or to provide a loan or loan

13

guarantee to Rosoboronexport.

14

(D) An explanation why comparable equip-

15

ment cannot be purchased from another source.

16

SEC. 8122. Section 8159(c) of the Department of De-

17 fense Appropriations Act, 2002 (division A of Public Law 18 107–117, 10 U.S.C. 2401a note) is amended by striking 19 paragraph (7). 20

SEC. 8123. None of the funds made available in this

21 Act may be used for the purchase or manufacture of a 22 flag of the United States unless such flags are treated as 23 covered items under section 2533a(b) of title 10, United 24 States Code.

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321 1

(INCLUDING TRANSFER OF FUNDS)

2

SEC. 8124. In addition to amounts appropriated or

3 otherwise

made

available

elsewhere

in

this

Act,

4 $25,000,000 is hereby appropriated to the Department of 5 Defense and made available for transfer to the Army, Air 6 Force, Navy, and Marine Corps, for purposes of imple7 mentation of a Sexual Assault Special Victims Program: 8 Provided, That funds transferred under this provision are 9 to be merged with and available for the same purposes 10 and time period as the appropriation to which transferred: 11 Provided further, That the transfer authority provided 12 under this heading is in addition to any other transfer au13 thority provided elsewhere in this Act. 14

SEC. 8125. None of the funds made available by this

15 Act may be used in contravention of the amendments 16 made to the Uniform Code of Military Justice of title XVII 17 of the National Defense Authorization Act for Fiscal Year 18 2014 regarding the discharge or dismissal of a member 19 of the Armed Forces convicted of certain sex-related of20 fenses, the required trial of such offenses by general 21 courts-martial, and the limitations imposed on convening 22 authority discretion regarding court-martial findings and 23 sentences. 24

SEC. 8126. None of the funds appropriated in this,

25 or any other Act, may be obligated or expended by the

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322 1 United States Government for the direct personal benefit 2 of the President of Afghanistan. 3

SEC. 8127. (a) Of the funds appropriated in this Act

4 for the Department of Defense, amounts may be made 5 available, under such regulations as the Secretary may 6 prescribe, to local military commanders appointed by the 7 Secretary of Defense, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex 9 gratia payments in amounts consistent with subsection (d) 10 of this section for damage, personal injury, or death that 11 is incident to combat operations of the Armed Forces in 12 a foreign country. 13

(b) An ex gratia payment under this section may be

14 provided only if— 15

(1) the prospective foreign civilian recipient is

16

determined by the local military commander to be

17

friendly to the United States;

18

(2) a claim for damages would not be compen-

19

sable under chapter 163 of title 10, United States

20

Code (commonly known as the ‘‘Foreign Claims

21

Act’’); and

22

(3) the property damage, personal injury, or

23

death was not caused by action by an enemy.

24

(c) NATURE OF PAYMENTS.—Any payments provided

25 under a program under subsection (a) shall not be consid-

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323 1 ered an admission or acknowledgement of any legal obliga2 tion to compensate for any damage, personal injury, or 3 death. 4

(d) AMOUNT

OF

PAYMENTS.—If the Secretary of De-

5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to 8 have suffered harm incident to combat operations of the 9 Armed Forces under the program should be determined 10 pursuant to regulations prescribed by the Secretary and 11 based on an assessment, which should include such factors 12 as cultural appropriateness and prevailing economic condi13 tions. 14

(e) LEGAL ADVICE.—Local military commanders

15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on 18 whether an ex gratia payment is proper under this section 19 and applicable Department of Defense regulations. 20

(f) WRITTEN RECORD.—A written record of any ex

21 gratia payment offered or denied shall be kept by the local 22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined 24 by the Secretary of Defense.

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324 1

(g) REPORT.—The Secretary of Defense shall report

2 to the congressional defense committees on an annual 3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts 5 offered, the response from ex gratia payment recipients, 6 and any recommended modifications to the program. 7

(h) LIMITATION.—Nothing in this section shall be

8 deemed to provide any new authority to the Secretary of 9 Defense. 10

SEC. 8128. None of the funds available to the De-

11 partment of Defense shall be used to conduct any environ12 mental impact analysis related to Minuteman III silos that 13 contain a missile as of the date of the enactment of this 14 Act. 15

SEC. 8129. The amounts appropriated in title I and

16 II of this Act are hereby reduced by $8,000,000: Provided, 17 That the reduction shall be applied to funding for general 18 and flag officers within the military personnel and oper19 ation and maintenance appropriations: Provided further, 20 That the Secretary of Defense shall notify the congres21 sional defense committees of the reduction by appropria22 tion and budget line item not later than 90 days after the 23 enactment of this Act: Provided further, That none of the 24 funds made available by this Act may be used for flag 25 or general officers for each military department that are

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325 1 in excess to the number of such officers serving in such 2 military department as of the date of enactment of this 3 Act. 4

SEC. 8130. None of the funds made available in this

5 Act shall be used to transition elements of the 18th Ag6 gressor Squadron out of Eielson Air Force Base. 7

SEC. 8131. None of the funds made available by this

8 Act may be used to cancel the avionics modernization pro9 gram of record for C–130 aircraft. 10

SEC. 8132. None of the funds made available by this

11 Act may be used by the Department of Defense to grant 12 an enlistment waiver for an offense within offense code 13 433 (rape, sexual abuse, sexual assault, criminal sexual 14 abuse, incest, or other sex crimes), as specified in Table 15 1 of the memorandum from the Under Secretary of De16 fense with the subject line ‘‘Directive-Type Memorandum 17 (DTM) 08-018—‘Enlistment Waivers’ ’’, dated June 27, 18 2008 (incorporating Change 3, March 20, 2013). 19

SEC. 8133. None of the funds made available by this

20 Act may be used by the Secretary of the Air Force to re21 duce the force structure at Lajes Field, Azores, Portugal, 22 below the total number of military and civilian personnel 23 assigned to Lajes Field on October 1, 2012, until the Sec24 retary of Defense submits the certification to the congres-

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326 1 sional defense committees required by section 341 of the 2 National Defense Authorization Act for Fiscal Year 2014. 3

SEC. 8134. None of the Operation and Maintenance

4 funds made available in this Act may be used in con5 travention of section 41106 of title 49, United States 6 Code. 7

SEC. 8135. None of the funds made available by this

8 Act may be used to fund the performance of a flight dem9 onstration team at a location outside of the United States: 10 Provided, That this prohibition applies only if a perform11 ance of a flight demonstration team at a location within 12 the United States was canceled during the current fiscal 13 year due to insufficient funding. 14

SEC. 8136. None of the funds made available by this

15 Act may be used to carry out reductions to the nuclear 16 forces of the United States to implement the New START 17 Treaty (as defined in section 495(e) of title 10, United 18 States Code), or to carry out activities to prepare for such 19 reductions except as authorized by section 1056 of the Na20 tional Defense Authorization Act for Fiscal Year 2014. 21

SEC. 8137. None of the funds made available by this

22 Act may be used to implement an enrollment fee for the 23 TRICARE for Life program under chapter 55 of title 10, 24 United States Code.

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327 1

SEC. 8138. None of the funds appropriated or other-

2 wise made available by this Act or any other Act may be 3 used by the Department of Defense or a component there4 of in contravention of section 1246(c) of the National De5 fense Authorization Act for Fiscal Year 2014, relating to 6 limitations on providing certain missile defense informa7 tion to the Russian Federation. 8

SEC. 8139. None of the funds made available by this

9 Act may be used by the National Security Agency to— 10

(1) conduct an acquisition pursuant to section

11

702 of the Foreign Intelligence Surveillance Act of

12

1978 for the purpose of targeting a United States

13

person; or

14

(2) acquire, monitor, or store the contents (as

15

such term is defined in section 2510(8) of title 18,

16

United States Code) of any electronic communica-

17

tion of a United States person from a provider of

18

electronic communication services to the public pur-

19

suant to section 501 of the Foreign Intelligence Sur-

20

veillance Act of 1978.

21

SEC. 8140. The amounts appropriated in title II of

22 this Act are hereby reduced by $866,500,000 to reflect 23 excess cash balances in Department of Defense Working 24 Capital Funds, as follows:

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328 1

(1) From ‘‘Operation and Maintenance, Navy’’,

2

$442,000,000;

3

(2) From ‘‘Operation and Maintenance, Air

4

Force’’, $77,000,000; and

5

(3) From ‘‘Operation and Maintenance, De-

6

fense-Wide’’, $347,500,000.

7

SEC. 8141. Of the amounts appropriated for ‘‘Work-

8 ing Capital Fund, Army’’, $150,000,000 shall be available 9 for the Industrial Mobilization Capacity account: Pro10 vided, That the Secretary of the Army shall— 11

(1) Assign the arsenals sufficient workload to

12

maintain the critical capabilities identified in the

13

Army Organic Industrial Base Strategy Report;

14

(2) Ensure cost efficiency and technical com-

15

petence in peacetime, while preserving the ability to

16

provide an effective and timely response to mobiliza-

17

tions, national defense contingency situations, and

18

other emergent requirements;

19

(3) Release the Army Organic Industrial Base

20

Strategy Report not later than 30 days after the en-

21

actment of this Act; and

22

(4) Brief the congressional defense committees

23

not later than 90 days after the enactment of this

24

Act to ensure sufficient workload for the efficient

25

operation of the arsenals.

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329 1

TITLE IX

2

OVERSEAS CONTINGENCY OPERATIONS

3

MILITARY PERSONNEL

4

MILITARY PERSONNEL, ARMY

5

For an additional amount for ‘‘Military Personnel,

6 Army’’, $5,449,726,000: Provided, That such amount is 7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11

MILITARY PERSONNEL, NAVY

12

For an additional amount for ‘‘Military Personnel,

13 Navy’’, $558,344,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18

MILITARY PERSONNEL, MARINE CORPS

19

For an additional amount for ‘‘Military Personnel,

20 Marine Corps’’, $777,922,000: Provided, That such 21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 23 section 251(b)(2)(A)(ii) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985.

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330 1

MILITARY PERSONNEL, AIR FORCE

2

For an additional amount for ‘‘Military Personnel,

3 Air Force’’, $832,862,000: Provided, That such amount 4 is designated by the Congress for Overseas Contingency 5 Operations/Global War on Terrorism pursuant to section 6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8

RESERVE PERSONNEL, ARMY

9

For an additional amount for ‘‘Reserve Personnel,

10 Army’’, $33,352,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15

RESERVE PERSONNEL, NAVY

16

For an additional amount for ‘‘Reserve Personnel,

17 Navy’’, $20,238,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22

RESERVE PERSONNEL, MARINE CORPS

23

For an additional amount for ‘‘Reserve Personnel,

24 Marine Corps’’, $15,134,000: Provided, That such amount 25 is designated by the Congress for Overseas Contingency

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331 1 Operations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4

RESERVE PERSONNEL, AIR FORCE

5

For an additional amount for ‘‘Reserve Personnel,

6 Air Force’’, $20,432,000: Provided, That such amount is 7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11

NATIONAL GUARD PERSONNEL, ARMY

12

For an additional amount for ‘‘National Guard Per-

13 sonnel, Army’’, $257,064,000: Provided, That such 14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 16 section 251(b)(2)(A)(ii) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18

NATIONAL GUARD PERSONNEL, AIR FORCE

19

For an additional amount for ‘‘National Guard Per-

20 sonnel, Air Force’’, $6,919,000: Provided, That such 21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 23 section 251(b)(2)(A)(ii) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985.

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332 1

OPERATION AND MAINTENANCE

2

OPERATION

3

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Main-

4 tenance, Army’’, $32,369,249,000: Provided, That such 5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 7 section 251(b)(2)(A)(ii) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9

OPERATION

10

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Main-

11 tenance, Navy’’, $8,470,808,000: Provided, That such 12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 14 section 251(b)(2)(A)(ii) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16

OPERATION

17

For an additional amount for ‘‘Operation and Main-

AND

MAINTENANCE, MARINE CORPS

18 tenance, Marine Corps’’, $3,369,815,000: Provided, That 19 such amount is designated by the Congress for Overseas 20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 22 and Emergency Deficit Control Act of 1985. 23

OPERATION

24

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Main-

25 tenance, Air Force’’, $12,746,424,000: Provided, That

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333 1 such amount is designated by the Congress for Overseas 2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5

OPERATION

6

AND

MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Main-

7 tenance, Defense-Wide’’, $6,226,678,000: Provided, That 8 of the funds provided under this heading, not to exceed 9 $1,257,000,000, to remain available until September 30, 10 2015, shall be for payments to reimburse key cooperating 11 nations for logistical, military, and other support, includ12 ing access, provided to United States military operations 13 in support of Operation Enduring Freedom: Provided fur14 ther, That these funds may be used to reimburse the gov15 ernment of Jordan, in such amounts as the Secretary of 16 Defense may determine, to maintain the ability of the Jor17 danian armed forces to maintain security along the border 18 between Jordan and Syria, upon 15 day prior written noti19 fication to the congressional defense committees outlining 20 the amounts reimbursed and the nature of the expenses 21 to be reimbursed and that these funds may be used in 22 accordance with section 1205 of S. 1197, an Act author23 izing appropriations for fiscal year 2014 for military ac24 tivities of the Department of Defense, as reported: Pro25 vided further, That such reimbursement payments may be

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334 1 made in such amounts as the Secretary of Defense, with 2 the concurrence of the Secretary of State, and in consulta3 tion with the Director of the Office of Management and 4 Budget, may determine, at the discretion of the Secretary 5 of Defense, based on documentation determined by the 6 Secretary of Defense to adequately account for the sup7 port provided, and such determination is final and conclu8 sive upon the accounting officers of the United States, and 9 15 days following notification to the appropriate congres10 sional committees: Provided further, That the requirement 11 under this heading to provide notification to the appro12 priate congressional committees shall not apply with re13 spect to a reimbursement for access based on an inter14 national agreement: Provided further, That these funds 15 may be used for the purpose of providing specialized train16 ing and procuring supplies and specialized equipment and 17 providing such supplies and loaning such equipment on a 18 non-reimbursable basis to coalition forces supporting 19 United States military operations in Afghanistan, and 15 20 days following notification to the appropriate congres21 sional committees: Provided further, That the Secretary of 22 Defense shall provide quarterly reports to the congres23 sional defense committees on the use of funds provided 24 in this paragraph: Provided further, That such amount is 25 designated by the Congress for Overseas Contingency Op-

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335 1 erations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4

OPERATION

5

For an additional amount for ‘‘Operation and Main-

AND

MAINTENANCE, ARMY RESERVE

6 tenance, Army Reserve’’, $34,674,000: Provided, That 7 such amount is designated by the Congress for Overseas 8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 10 and Emergency Deficit Control Act of 1985. 11

OPERATION

12

For an additional amount for ‘‘Operation and Main-

AND

MAINTENANCE, NAVY RESERVE

13 tenance, Navy Reserve’’, $55,700,000: Provided, That 14 such amount is designated by the Congress for Overseas 15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985. 18

OPERATION

AND

19

MAINTENANCE, MARINE CORPS RESERVE

20

For an additional amount for ‘‘Operation and Main-

21 tenance, Marine Corps Reserve’’, $12,534,000: Provided, 22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism 24 pursuant to section 251(b)(2)(A)(ii) of the Balanced 25 Budget and Emergency Deficit Control Act of 1985.

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336 1

OPERATION

2

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Main-

3 tenance, Air Force Reserve’’, $32,849,000: Provided, That 4 such amount is designated by the Congress for Overseas 5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 7 and Emergency Deficit Control Act of 1985. 8

OPERATION

AND

9

MAINTENANCE, ARMY NATIONAL GUARD

10

For an additional amount for ‘‘Operation and Main-

11 tenance, Army National Guard’’, $130,471,000: Provided, 12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 15 Budget and Emergency Deficit Control Act of 1985. 16

OPERATION

17

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Main-

18 tenance, Air National Guard’’, $22,200,000: Provided, 19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 22 Budget and Emergency Deficit Control Act of 1985.

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337 1

AFGHANISTAN INFRASTRUCTURE FUND

2

(INCLUDING TRANSFER OF FUNDS)

3

For

the

‘‘Afghanistan

Infrastructure

Fund’’,

4 $199,000,000, to remain available until September 30, 5 2015: Provided, That such funds shall be available to the 6 Secretary of Defense for infrastructure projects in Af7 ghanistan, notwithstanding any other provision of law, 8 which shall be undertaken by the Secretary of State, un9 less the Secretary of State and the Secretary of Defense 10 jointly decide that a specific project will be undertaken 11 by the Department of Defense: Provided further, That the 12 infrastructure referred to in the preceding proviso is in 13 support of the counterinsurgency strategy, which may re14 quire funding for facility and infrastructure projects, in15 cluding, but not limited to, water, power, and transpor16 tation projects and related maintenance and sustainment 17 costs: Provided further, That the authority to undertake 18 such infrastructure projects is in addition to any other au19 thority to provide assistance to foreign nations: Provided 20 further, That any projects funded under this heading shall 21 be jointly formulated and concurred in by the Secretary 22 of State and Secretary of Defense: Provided further, That 23 funds may be transferred to the Department of State for 24 purposes of undertaking projects, which funds shall be 25 considered to be economic assistance under the Foreign

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338 1 Assistance Act of 1961 for purposes of making available 2 the administrative authorities contained in that Act: Pro3 vided further, That the transfer authority in the preceding 4 proviso is in addition to any other authority available to 5 the Department of Defense to transfer funds: Provided 6 further, That any unexpended funds transferred to the 7 Secretary of State under this authority shall be returned 8 to the Afghanistan Infrastructure Fund if the Secretary 9 of State, in coordination with the Secretary of Defense, 10 determines that the project cannot be implemented for any 11 reason, or that the project no longer supports the counter12 insurgency strategy in Afghanistan: Provided further, That 13 any funds returned to the Secretary of Defense under the 14 previous proviso shall be available for use under this ap15 propriation and shall be treated in the same manner as 16 funds not transferred to the Secretary of State: Provided 17 further, That contributions of funds for the purposes pro18 vided herein to the Secretary of State in accordance with 19 section 635(d) of the Foreign Assistance Act from any 20 person, foreign government, or international organization 21 may be credited to this Fund, to remain available until 22 expended, and used for such purposes: Provided further, 23 That the Secretary of Defense shall, not fewer than 15 24 days prior to making transfers to or from, or obligations 25 from the Fund, notify the appropriate committees of Con-

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339 1 gress in writing of the details of any such transfer: Pro2 vided further, That the ‘‘appropriate committees of Con3 gress’’ are the Committees on Armed Services, Foreign 4 Relations and Appropriations of the Senate and the Com5 mittees on Armed Services, Foreign Affairs and Appro6 priations of the House of Representatives: Provided fur7 ther, That such amount is designated by the Congress for 8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11

AFGHANISTAN SECURITY FORCES FUND

12

For the ‘‘Afghanistan Security Forces Fund’’,

13 $4,726,720,000, to remain available until September 30, 14 2015: Provided, That such funds shall be available to the 15 Secretary of Defense, notwithstanding any other provision 16 of law, for the purpose of allowing the Commander, Com17 bined Security Transition Command—Afghanistan, or the 18 Secretary’s designee, to provide assistance, with the con19 currence of the Secretary of State, to the security forces 20 of Afghanistan, including the provision of equipment, sup21 plies, services, training, facility and infrastructure repair, 22 renovation, and construction, and funding: Provided fur23 ther, That the authority to provide assistance under this 24 heading is in addition to any other authority to provide 25 assistance to foreign nations: Provided further, That con-

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340 1 tributions of funds for the purposes provided herein from 2 any person, foreign government, or international organiza3 tion may be credited to this Fund, to remain available 4 until expended, and used for such purposes: Provided fur5 ther, That the Secretary of Defense shall notify the con6 gressional defense committees in writing upon the receipt 7 and upon the obligation of any contribution, delineating 8 the sources and amounts of the funds received and the 9 specific use of such contributions: Provided further, That 10 the Secretary of Defense shall, not fewer than 15 days 11 prior to obligating from this appropriation account, notify 12 the congressional defense committees in writing of the de13 tails of any such obligation: Provided further, That the 14 Secretary of Defense shall notify the congressional defense 15 committees of any proposed new projects or transfer of 16 funds between budget sub-activity groups in excess of 17 $20,000,000: Provided further, That the United States 18 may accept equipment procured using funds provided 19 under this heading in this or prior Acts that was trans20 ferred to the security forces of Afghanistan and returned 21 by such forces to the United States: Provided further, That 22 the equipment described in the previous proviso, as well 23 as equipment not yet transferred to the security forces of 24 Afghanistan when determined by the Commander, Com25 bined Security Transition Command—Afghanistan, or the

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341 1 Secretary’s designee, to no longer be required for transfer 2 to such forces, may be treated as stocks of the Department 3 of Defense upon written notification to the congressional 4 defense committees: Provided further, That of the funds 5 provided under this heading, not less than $25,000,000 6 shall be for recruitment and retention of women in the 7 Afghanistan National Security Forces: Provided further, 8 That such amount is designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism 10 pursuant to section 251(b)(2)(A)(ii) of the Balanced 11 Budget and Emergency Deficit Control Act of 1985. 12

PROCUREMENT

13

AIRCRAFT PROCUREMENT, ARMY

14

For an additional amount for ‘‘Aircraft Procurement,

15 Army’’, $669,000,000, to remain available until Sep16 tember 30, 2016: Provided, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21

MISSILE PROCUREMENT, ARMY

22

For an additional amount for ‘‘Missile Procurement,

23 Army’’, $128,645,000, to remain available until Sep24 tember 30, 2016: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency Oper-

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342 1 ations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4

PROCUREMENT

5

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Am-

6 munition, Army’’, $190,900,000, to remain available until 7 September 30, 2016: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12

OTHER PROCUREMENT, ARMY

13

For an additional amount for ‘‘Other Procurement,

14 Army’’, $653,902,000, to remain available until Sep15 tember 30, 2016: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20

AIRCRAFT PROCUREMENT, NAVY

21

For an additional amount for ‘‘Aircraft Procurement,

22 Navy’’, $211,176,000, to remain available until September 23 30, 2016: Provided, That such amount is designated by 24 the Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of

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343 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3

WEAPONS PROCUREMENT, NAVY

4

For an additional amount for ‘‘Weapons Procure-

5 ment, Navy’’, $86,500,000, to remain available until Sep6 tember 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11

PROCUREMENT

OF

12

AMMUNITION, NAVY

AND

MARINE

CORPS

13

For an additional amount for ‘‘Procurement of Am-

14 munition, Navy and Marine Corps’’, $169,362,000, to re15 main available until September 30, 2016: Provided, That 16 such amount is designated by the Congress for Overseas 17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20

PROCUREMENT, MARINE CORPS

21

For an additional amount for ‘‘Procurement, Marine

22 Corps’’, $125,984,000, to remain available until Sep23 tember 30, 2016: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section

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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 Sep6 tember 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11

MISSILE PROCUREMENT, AIR FORCE

12

For an additional amount for ‘‘Missile Procurement,

13 Air Force’’, $24,200,000, to remain available until Sep14 tember 30, 2016: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19

PROCUREMENT

20

OF

AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Am-

21 munition, Air Force’’, $137,826,000, to remain available 22 until September 30, 2016: Provided, That such amount 23 is designated by the Congress for Overseas Contingency 24 Operations/Global War on Terrorism pursuant to section

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345 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3

OTHER PROCUREMENT, AIR FORCE

4

For an additional amount for ‘‘Other Procurement,

5 Air Force’’, $2,517,846,000, to remain available until 6 September 30, 2016: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11

PROCUREMENT, DEFENSE-WIDE

12

For an additional amount for ‘‘Procurement, De-

13 fense-Wide’’, $128,947,000, to remain available until Sep14 tember 30, 2016: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19

NATIONAL GUARD

20

AND

RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat

21 vehicles, ammunition, other weapons and other procure22 ment for the reserve components of the Armed Forces, 23 $1,000,000,000, to remain available for obligation until 24 September 30, 2016: Provided, That the Chiefs of Na25 tional Guard and Reserve components shall, not later than

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346 1 30 days after the enactment of this Act, individually sub2 mit to the congressional defense committees the mod3 ernization priority assessment for their respective Na4 tional Guard or Reserve component: Provided further, 5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 8 Budget and Emergency Deficit Control Act of 1985. 9

RESEARCH, DEVELOPMENT, TEST AND

10

EVALUATION

11

RESEARCH, DEVELOPMENT, TEST

12

AND

EVALUATION,

ARMY

13

For an additional amount for ‘‘Research, Develop-

14 ment, Test and Evaluation, Army’’, $13,500,000, to re15 main available until September 30, 2015: Provided, That 16 such amount is designated by the Congress for Overseas 17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20

RESEARCH, DEVELOPMENT, TEST

21

AND

EVALUATION,

NAVY

22

For an additional amount for ‘‘Research, Develop-

23 ment, Test and Evaluation, Navy’’, $34,426,000, to re24 main available until September 30, 2015: Provided, That 25 such amount is designated by the Congress for Overseas

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347 1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 3 and Emergency Deficit Control Act of 1985. 4

RESEARCH, DEVELOPMENT, TEST

5

AND

EVALUATION,

AIR FORCE

6

For an additional amount for ‘‘Research, Develop-

7 ment, Test and Evaluation, Air Force’’, $9,000,000, to re8 main available until September 30, 2015: Provided, That 9 such amount is designated by the Congress for Overseas 10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 12 and Emergency Deficit Control Act of 1985. 13

RESEARCH, DEVELOPMENT, TEST

14

DEFENSE-WIDE

15

AND

EVALUATION,

For an additional amount for ‘‘Research, Develop-

16 ment, Test and Evaluation, Defense-Wide’’, $78,208,000, 17 to remain available until September 30, 2015: Provided, 18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 21 Budget and Emergency Deficit Control Act of 1985. 22

REVOLVING AND MANAGEMENT FUNDS

23

DEFENSE WORKING CAPITAL FUNDS

24

For an additional amount for ‘‘Defense Working

25 Capital Funds’’, $264,910,000: Provided, That such

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348 1 amount is designated by the Congress for Overseas Con2 tingency Operations/Global War on Terrorism pursuant to 3 section 251(b)(2)(A)(ii) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 OTHER DEPARTMENT OF DEFENSE PROGRAMS 6

DEFENSE HEALTH PROGRAM

7

For an additional amount for ‘‘Defense Health Pro-

8 gram’’, $898,701,000, which shall be for operation and 9 maintenance: Provided, That such amount is designated 10 by the Congress for Overseas Contingency Operations/ 11 Global

War

on

Terrorism

pursuant

to

section

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14

DRUG INTERDICTION

15

AND

COUNTER-DRUG ACTIVITIES,

DEFENSE

16

For an additional amount for ‘‘Drug Interdiction and

17 Counter-Drug Activities, Defense’’, $376,305,000, to re18 main available until September 30, 2015: Provided, That 19 such amount is designated by the Congress for Overseas 20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 22 and Emergency Deficit Control Act of 1985.

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349 1

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2

(INCLUDING TRANSFER OF FUNDS)

3

For the ‘‘Joint Improvised Explosive Device Defeat

4 Fund’’, $879,225,000, to remain available until Sep5 tember 30, 2016: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any 7 other provision of law, for the purpose of allowing the Di8 rector of the Joint Improvised Explosive Device Defeat 9 Organization to investigate, develop and provide equip10 ment, supplies, services, training, facilities, personnel and 11 funds to assist United States forces in the defeat of impro12 vised explosive devices: Provided further, That the Sec13 retary of Defense may transfer funds provided herein to 14 appropriations for military personnel; operation and main15 tenance; procurement; research, development, test and 16 evaluation; and defense working capital funds to accom17 plish the purpose provided herein: Provided further, That 18 this transfer authority is in addition to any other transfer 19 authority available to the Department of Defense: Pro20 vided further, That the Secretary of Defense shall, not 21 fewer than 15 days prior to making transfers from this 22 appropriation, notify the congressional defense committees 23 in writing of the details of any such transfer: Provided 24 further, That such amount is designated by the Congress 25 for Overseas Contingency Operations/Global War on Ter-

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350 1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3

OFFICE

4

OF THE INSPECTOR

GENERAL

For an additional amount for the ‘‘Office of the In-

5 spector General’’, $10,766,000: Provided, That such 6 amount is designated by the Congress for Overseas Con7 tingency Operations/Global War on Terrorism pursuant to 8 section 251(b)(2)(A)(ii) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10

GENERAL PROVISIONS—THIS TITLE

11

SEC. 9001. Notwithstanding any other provision of

12 law, funds made available in this title are in addition to 13 amounts appropriated or otherwise made available for the 14 Department of Defense for fiscal year 2014. 15

(INCLUDING TRANSFER OF FUNDS)

16

SEC. 9002. Upon the determination of the Secretary

17 of Defense that such action is necessary in the national 18 interest, the Secretary may, with the approval of the Of19 fice of Management and Budget, transfer up to 20 $4,000,000,000 between the appropriations or funds made 21 available to the Department of Defense in this title: Pro22 vided, That the Secretary shall notify the Congress 23 promptly of each transfer made pursuant to the authority 24 in this section: Provided further, That the authority pro25 vided in this section is in addition to any other transfer

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351 1 authority available to the Department of Defense and is 2 subject to the same terms and conditions as the authority 3 provided in the Department of Defense Appropriations 4 Act, 2014. 5

SEC. 9003. Supervision and administration costs and

6 costs for design during construction associated with a con7 struction project funded with appropriations available for 8 operation and maintenance, ‘‘Afghanistan Infrastructure 9 Fund’’, or the ‘‘Afghanistan Security Forces Fund’’ pro10 vided in this Act and executed in direct support of over11 seas contingency operations in Afghanistan, may be obli12 gated at the time a construction contract is awarded: Pro13 vided, That for the purpose of this section, supervision and 14 administration costs and costs for design during construc15 tion include all in-house Government costs. 16

SEC. 9004. From funds made available in this title,

17 the Secretary of Defense may purchase for use by military 18 and civilian employees of the Department of Defense in 19 the U.S. Central Command area of responsibility: (a) pas20 senger motor vehicles up to a limit of $75,000 per vehicle; 21 and (b) heavy and light armored vehicles for the physical 22 security of personnel or for force protection purposes up 23 to a limit of $250,000 per vehicle, notwithstanding price 24 or other limitations applicable to the purchase of pas25 senger carrying vehicles.

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352 1

SEC. 9005. Not to exceed $30,000,000 of the amount

2 appropriated in this title under the heading ‘‘Operation 3 and Maintenance, Army’’ may be used, notwithstanding 4 any other provision of law, to fund the Commander’s 5 Emergency Response Program (CERP), for the purpose 6 of enabling military commanders in Afghanistan to re7 spond to urgent, small-scale, humanitarian relief and re8 construction requirements within their areas of responsi9 bility: Provided, That each project (including any ancillary 10 or related elements in connection with such project) exe11 cuted under this authority shall not exceed $20,000,000: 12 Provided further, That not later than 45 days after the 13 end of each fiscal year quarter, the Secretary of Defense 14 shall submit to the congressional defense committees a re15 port regarding the source of funds and the allocation and 16 use of funds during that quarter that were made available 17 pursuant to the authority provided in this section or under 18 any other provision of law for the purposes described here19 in: Provided further, That, not later than 30 days after 20 the end of each month, the Army shall submit to the con21 gressional defense committees monthly commitment, obli22 gation, and expenditure data for the Commander’s Emer23 gency Response Program in Afghanistan: Provided further, 24 That not less than 15 days before making funds available 25 pursuant to the authority provided in this section or under

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353 1 any other provision of law for the purposes described here2 in for a project with a total anticipated cost for completion 3 of $5,000,000 or more, the Secretary shall submit to the 4 congressional defense committees a written notice con5 taining each of the following: 6

(1) The location, nature and purpose of the

7

proposed project, including how the project is in-

8

tended to advance the military campaign plan for

9

the country in which it is to be carried out.

10

(2) The budget, implementation timeline with

11

milestones, and completion date for the proposed

12

project, including any other CERP funding that has

13

been or is anticipated to be contributed to the com-

14

pletion of the project.

15

(3) A plan for the sustainment of the proposed

16

project, including the agreement with either the host

17

nation, a non-Department of Defense agency of the

18

United States Government or a third-party contrib-

19

utor to finance the sustainment of the activities and

20

maintenance of any equipment or facilities to be pro-

21

vided through the proposed project.

22

SEC. 9006. Funds available to the Department of De-

23 fense for operation and maintenance may be used, not24 withstanding any other provision of law, to provide sup25 plies, services, transportation, including airlift and sealift,

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354 1 and other logistical support to coalition forces supporting 2 military and stability operations in Afghanistan: Provided, 3 That the Secretary of Defense shall provide quarterly re4 ports to the congressional defense committees regarding 5 support provided under this section. 6

SEC. 9007. None of the funds appropriated or other-

7 wise made available by this or any other Act shall be obli8 gated or expended by the United States Government for 9 a purpose as follows: 10

(1) To establish any military installation or

11

base for the purpose of providing for the permanent

12

stationing of United States Armed Forces in Iraq.

13

(2) To exercise United States control over any

14

oil resource of Iraq.

15

(3) To establish any military installation or

16

base for the purpose of providing for the permanent

17

stationing of United States Armed Forces in Af-

18

ghanistan.

19

SEC. 9008. None of the funds made available in this

20 Act may be used in contravention of the following laws 21 enacted or regulations promulgated to implement the 22 United Nations Convention Against Torture and Other 23 Cruel, Inhuman or Degrading Treatment or Punishment 24 (done at New York on December 10, 1984):

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355 1

(1) Section 2340A of title 18, United States

2

Code.

3

(2) Section 2242 of the Foreign Affairs Reform

4

and Restructuring Act of 1998 (division G of Public

5

Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231

6

note) and regulations prescribed thereto, including

7

regulations under part 208 of title 8, Code of Fed-

8

eral Regulations, and part 95 of title 22, Code of

9

Federal Regulations.

10

(3) Sections 1002 and 1003 of the Department

11

of Defense, Emergency Supplemental Appropriations

12

to Address Hurricanes in the Gulf of Mexico, and

13

Pandemic Influenza Act, 2006 (Public Law 109–

14

148).

15

SEC. 9009. None of the funds provided for the ‘‘Af-

16 ghanistan Security Forces Fund’’ (ASFF) may be obli17 gated prior to the approval of a financial and activity plan 18 by the Afghanistan Resources Oversight Council (AROC) 19 of the Department of Defense: Provided, That the AROC 20 must approve the requirement and acquisition plan for any 21 service requirements in excess of $50,000,000 annually 22 and any non-standard equipment requirements in excess 23 of $100,000,000 using ASFF: Provided further, That the 24 AROC must approve all projects and the execution plan 25 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and

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356 1 any project in excess of $5,000,000 from the Com2 mander’s Emergency Response Program (CERP): Pro3 vided further, That the Department of Defense must cer4 tify to the congressional defense committees that the 5 AROC has convened and approved a process for ensuring 6 compliance with the requirements in the preceding pro7 visos and accompanying report language for the ASFF, 8 AIF, and CERP. 9

SEC. 9010. Funds made available in this title to the

10 Department of Defense for operation and maintenance 11 may be used to purchase items having an investment unit 12 cost of not more than $250,000: Provided, That, upon de13 termination by the Secretary of Defense that such action 14 is necessary to meet the operational requirements of a 15 Commander of a Combatant Command engaged in contin16 gency operations overseas, such funds may be used to pur17 chase items having an investment item unit cost of not 18 more than $500,000. 19

SEC. 9011. Notwithstanding any other provision of

20 law, up to $63,800,000 of funds made available in this 21 title under the heading ‘‘Operation and Maintenance, 22 Army’’ may be obligated and expended for purposes of the 23 Task Force for Business and Stability Operations, subject 24 to the direction and control of the Secretary of Defense, 25 with concurrence of the Secretary of State, to carry out

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357 1 strategic business and economic assistance activities in Af2 ghanistan in support of Operation Enduring Freedom: 3 Provided, That not less than 15 days before making funds 4 available pursuant to the authority provided in this section 5 for any project with a total anticipated cost of $5,000,000 6 or more, the Secretary shall submit to the congressional 7 defense committees a written notice containing a detailed 8 justification and timeline for each proposed project. 9

SEC. 9012. From funds made available to the De-

10 partment of Defense in this title under the heading ‘‘Oper11 ation and Maintenance, Air Force’’ up to $209,000,000 12 may be used by the Secretary of Defense, notwithstanding 13 any other provision of law, to support United States Gov14 ernment transition activities in Iraq by funding the oper15 ations and activities of the Office of Security Cooperation 16 in Iraq and security assistance teams, including life sup17 port, transportation and personal security, and facilities 18 renovation and construction, and site closeout activities 19 prior to returning sites to the Government of Iraq: Pro20 vided, That to the extent authorized under the National 21 Defense Authorization Act for Fiscal Year 2014, the oper22 ations and activities that may be carried out by the Office 23 of Security Cooperation in Iraq may, with the concurrence 24 of the Secretary of State, include non-operational training 25 activities in support of Iraqi Minister of Defense and

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358 1 Counter Terrorism Service personnel in an institutional 2 environment to address capability gaps, integrate proc3 esses relating to intelligence, air sovereignty, combined 4 arms, logistics and maintenance, and to manage and inte5 grate defense-related institutions: Provided further, That 6 not later than 30 days following the enactment of this Act, 7 the Secretary of Defense and the Secretary of State shall 8 submit to the congressional defense committees a plan for 9 transitioning any such training activities that they deter10 mine are needed after the end of fiscal year 2014, to exist11 ing or new contracts for the sale of defense articles or 12 defense services consistent with the provisions of the Arms 13 Export Control Act (22 U.S.C. 2751 et seq.): Provided 14 further, That not less than 15 days before making funds 15 available pursuant to the authority provided in this sec16 tion, the Secretary of Defense shall submit to the congres17 sional defense committees a written notification containing 18 a detailed justification and timeline for the operations and 19 activities of the Office of Security Cooperation in Iraq at 20 each site where such operations and activities will be con21 ducted during fiscal year 2014. 22

(RESCISSIONS)

23

SEC. 9013. Of the funds appropriated in Department

24 of Defense Appropriations Acts, the following funds are 25 hereby rescinded from the following accounts and pro-

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359 1 grams in the specified amounts: Provided, That such 2 amounts are designated by the Congress for Overseas 3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 5 and Emergency Deficit Control Act of 1985: 6

‘‘General Provision: Retroactive Stop Loss Spe-

7

cial Pay Program, 2009/XXXX’’, $53,100,000; and

8

‘‘Other

9

Procurement,

Army,

2013/2015’’,

$87,270,000.

10

SEC. 9014. (a) None of the funds appropriated or

11 otherwise made available by this Act under the heading 12 ‘‘Operation and Maintenance, Defense-Wide’’ for pay13 ments under section 1233 of Public Law 110–181 for re14 imbursement to the Government of Pakistan may be made 15 available unless the Secretary of Defense, in coordination 16 with the Secretary of State, certifies to the Committees 17 on Appropriations that the Government of Pakistan is— 18

(1) cooperating with the United States in

19

counterterrorism efforts against the Haqqani Net-

20

work, the Quetta Shura Taliban, Lashkar e-Tayyiba,

21

Jaish-e-Mohammed, Al Qaeda, and other domestic

22

and foreign terrorist organizations, including taking

23

steps to end support for such groups and prevent

24

them from basing and operating in Pakistan and

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360 1

carrying out cross border attacks into neighboring

2

countries;

3

(2) not supporting terrorist activities against

4

United States or coalition forces in Afghanistan, and

5

Pakistan’s military and intelligence agencies are not

6

intervening extra-judicially into political and judicial

7

processes in Pakistan;

8

(3) dismantling improvised explosive device

9

(IED) networks and interdicting precursor chemicals

10

used in the manufacture of IEDs;

11

(4) preventing the proliferation of nuclear-re-

12

lated material and expertise;

13

(5) implementing policies to protect judicial

14

independence and due process of law;

15

(6) issuing visas in a timely manner for United

16

States visitors engaged in counterterrorism efforts

17

and assistance programs in Pakistan; and

18

(7) providing humanitarian organizations access

19

to detainees, internally displaced persons, and other

20

Pakistani civilians affected by the conflict.

21

(b) The Secretary of Defense, in coordination with

22 the Secretary of State, may waive the restriction in para23 graph (a) on a case-by-case basis by certifying in writing 24 to the Committees on Appropriations of the House of Rep25 resentatives and the Senate that it is in the national secu-

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361 1 rity interest to do so: Provided, That if the Secretary of 2 Defense, in coordination with the Secretary of State, exer3 cises the authority of the previous proviso, the Secretaries 4 shall report to the Committees on Appropriations on both 5 the justification for the waiver and on the requirements 6 of this section that the Government of Pakistan was not 7 able to meet: Provided further, That such report may be 8 submitted in classified form if necessary. 9

SEC. 9015. None of the funds made available by this

10 Act may be used with respect to Syria in contravention 11 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 12 including for the introduction of United States armed or 13 military forces into hostilities in Syria, into situations in 14 Syria where imminent involvement in hostilities is clearly 15 indicated by the circumstances, or into Syrian territory, 16 airspace, or waters while equipped for combat, in con17 travention of the congressional consultation and reporting 18 requirements of sections 3 and 4 of that law (50 U.S.C. 19 1542 and 1543). 20

SEC. 9016. None of the funds made available by this

21 Act for the ‘‘Afghanistan Infrastructure Fund’’ may be 22 used to plan, develop, or construct any project for which 23 construction has not commenced before the date of the 24 enactment of this Act.

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362

4

TITLE X—MILITARY DISABILITY RETIREMENT AND SURVIVOR BENEFIT ANNUITY RESTORATION

5

SECTION 10001. INAPPLICABILITY OF ANNUAL ADJUST-

6

MENT OF RETIRED PAY FOR MEMBERS OF

7

THE ARMED FORCES UNDER THE AGE OF 62

8

UNDER THE BIPARTISAN BUDGET ACT OF

9

2013 TO MEMBERS RETIRED FOR DISABILITY

10

AND TO RETIRED PAY USED TO COMPUTE

11

CERTAIN SURVIVOR BENEFIT PLAN ANNU-

12

ITIES.

1 2 3

13

(a) INAPPLICABILITY.—Paragraph (4) of section

14 1401a(b) of title 10, United States Code, as added by sec15 tion 403(a) of the Bipartisan Budget Act of 2013, is 16 amended— 17

(1) in subparagraph (A), by inserting after

18

‘‘age’’ the following: ‘‘(other than a member or

19

former member retired under chapter 61 of this

20

title)’’; and

21

(2) by adding at the end the following new sub-

22

paragraph:

23

‘‘(F) INAPPLICABILITY

TO AMOUNT OF RE-

24

TIRED PAY USED IN COMPUTATION OF SBP AN-

25

NUITY FOR SURVIVORS.—In

the computation

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363 1

pursuant to subsection (d) or (f) of section

2

1448 of this title of an annuity for survivors of

3

a member or person who dies while subject to

4

the application of this paragraph, the amount

5

of the retired pay of such member or person for

6

purposes of such computation shall be the

7

amount of retired pay that would have been

8

payable to such member or person at the time

9

of death without regard to the application of

10

this paragraph.’’.

11

(b) CONFORMING AMENDMENTS.—

12

(1)

COMBAT-RELATED

SPECIAL

COMPENSA-

13

TION.—Section

14

States Code, is amended by inserting ‘‘(but without

15

the application of section 1401a(b)(4) of this title)’’

16

after ‘‘under any other provision of law’’.

17

1413a(b)(3)(A) of title 10, United

(2) CONCURRENT

RECEIPT OF RETIRED PAY

18

AND VETERANS’ DISABILITY COMPENSATION.—Sec-

19

tion 1414(b)(1) of such title is amended by inserting

20

‘‘(but without the application of section 1401a(b)(4)

21

of this title)’’ after ‘‘under any other provision of

22

law’’.

23

(3) PREVENTION

24

OF COLA INVERSIONS.—Sec-

tion 1401a(f)(2) of title 10, United States Code, is

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364 1

amended by inserting ‘‘or subsection (b)(4)’’ after

2

‘‘subsection (b)(2)’’.

3

(c) EFFECTIVE DATE.—The amendments made by

4 subsections (a) and (b) shall take effect on December 1, 5 2015, immediately after the coming into effect of section 6 403 of the Bipartisan Budget Act of 2013 and the amend7 ments made by that section. 8

(d) EXCLUSION

OF

BUDGETARY EFFECTS FROM

9 PAYGO SCORECARDS.— 10

(1) STATUTORY

PAY-AS-YOU-GO SCORECARDS.—

11

The budgetary effects of this section shall not be en-

12

tered on either PAYGO score-card maintained pur-

13

suant to section 4(d) of the Statutory Pay-As-You-

14

Go Act of 2010.

15

(2) SENATE

PAYGO SCORECARDS.—The

budg-

16

etary effects of this section shall not be entered on

17

any PAYGO scorecard maintained for purposes of

18

section 201 of S. Con. Res. 21 (110th Congress).

19

This division may be cited as the ‘‘Department of De-

20 fense Appropriations Act, 2014’’.

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365 1 DIVISION D—ENERGY AND WATER DEVEL2

OPMENT AND RELATED AGENCIES AP-

3

PROPRIATIONS ACT, 2014

4

TITLE I

5

CORPS OF ENGINEERS—CIVIL

6

DEPARTMENT OF THE ARMY

7

CORPS

8

OF

ENGINEERS—CIVIL

The following appropriations shall be expended under

9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river 12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts. 14

INVESTIGATIONS

15

For expenses necessary where authorized by law for

16 the collection and study of basic information pertaining 17 to river and harbor, flood and storm damage reduction, 18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans 20 and specifications of proposed river and harbor, flood and 21 storm damage reduction, shore protection, and aquatic 22 ecosystem restoration, projects and related efforts prior to 23 construction; for restudy of authorized projects; and for 24 miscellaneous investigations, and, when authorized by law, 25 surveys and detailed studies, and plans and specifications

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366 1 of projects prior to construction, $125,000,000, to remain 2 available until expended: Provided, That the Secretary 3 may initiate up to but no more than nine new reconnais4 sance study starts during fiscal year 2014: Provided fur5 ther, That the new reconnaissance study starts will consist 6 of three studies where the majority of the benefits are de7 rived from navigation transportation savings, three studies 8 where the majority of the benefits are derived from flood 9 and storm damage reduction, and three studies where the 10 majority of the benefits are derived from environmental 11 restoration: Provided further, That the number of environ12 mental restoration studies selected shall be limited to no 13 more than the lessor of the number of navigation studies 14 or the number of flood and storm damage reduction stud15 ies selected: Provided further, That the Secretary shall not 16 deviate from the new starts proposed in the work plan, 17 once the plan has been submitted to the Committees on 18 Appropriations of the House of Representatives and the 19 Senate. 20

CONSTRUCTION

21

For expenses necessary for the construction of river

22 and harbor, flood and storm damage reduction, shore pro23 tection, aquatic ecosystem restoration, and related 24 projects authorized by law; for conducting detailed studies, 25 and plans and specifications, of such projects (including

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367 1 those involving participation by States, local governments, 2 or private groups) authorized or made eligible for selection 3 by law (but such detailed studies, and plans and specifica4 tions, shall not constitute a commitment of the Govern5 ment to construction); $1,656,000,000, to remain avail6 able until expended; of which such sums as are necessary 7 to cover the Federal share of construction costs for facili8 ties under the Dredged Material Disposal Facilities pro9 gram shall be derived from the Harbor Maintenance Trust 10 Fund as authorized by Public Law 104–303; and of which 11 such sums as are necessary to cover one-half of the costs 12 of construction, replacement, rehabilitation, and expansion 13 of inland waterways projects shall be derived from the In14 land Waterways Trust Fund: Provided, That during the 15 fiscal year period covered by this Act, 25 percentum of 16 the funding proposed for Olmsted Lock and Dam, Ohio 17 River, Illinois and Kentucky, shall be derived from the In18 land Waterways Trust Fund: Provided further, That the 19 Secretary may initiate up to but no more than four new 20 construction starts during fiscal year 2014: Provided fur21 ther, That the new construction starts will consist of three 22 projects where the majority of the benefits are derived 23 from navigation transportation savings or from flood and 24 storm damage reduction and one project where the major25 ity of the benefits are derived from environmental restora-

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368 1 tion: Provided further, That for new construction projects, 2 project cost sharing agreements shall be executed as soon 3 as practicable but no later than August 29, 2014: Pro4 vided further, That no allocation for a new start shall be 5 considered final and no work allowance shall be made until 6 the Secretary provides to the Committees on Appropria7 tions of the House of Representatives and the Senate an 8 out-year funding scenario demonstrating the affordability 9 of the selected new start and the impacts on other 10 projects: Provided further, That the Secretary may not de11 viate from the new starts proposed in the work plan, once 12 the plan has been submitted to the Committees on Appro13 priations of the House of Representatives and the Senate. 14

MISSISSIPPI RIVER AND TRIBUTARIES

15

For expenses necessary for flood damage reduction

16 projects and related efforts in the Mississippi River allu17 vial valley below Cape Girardeau, Missouri, as authorized 18 by law, $307,000,000, to remain available until expended, 19 of which such sums as are necessary to cover the Federal 20 share of eligible operation and maintenance costs for in21 land harbors shall be derived from the Harbor Mainte22 nance Trust Fund. 23

OPERATION AND MAINTENANCE

24

For expenses necessary for the operation, mainte-

25 nance, and care of existing river and harbor, flood and

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369 1 storm damage reduction, aquatic ecosystem restoration, 2 and related projects authorized by law; providing security 3 for infrastructure owned or operated by the Corps, includ4 ing administrative buildings and laboratories; maintaining 5 harbor channels provided by a State, municipality, or 6 other public agency that serve essential navigation needs 7 of general commerce, where authorized by law; surveying 8 and charting northern and northwestern lakes and con9 necting waters; clearing and straightening channels; and 10 removing obstructions to navigation, $2,861,000,000, to 11 remain available until expended, of which such sums as 12 are necessary to cover the Federal share of eligible oper13 ation and maintenance costs for coastal harbors and chan14 nels, and for inland harbors shall be derived from the Har15 bor Maintenance Trust Fund; of which such sums as be16 come available from the special account for the Corps of 17 Engineers established by the Land and Water Conserva18 tion Fund Act of 1965 shall be derived from that account 19 for resource protection, research, interpretation, and 20 maintenance activities related to resource protection in the 21 areas at which outdoor recreation is available; and of 22 which such sums as become available from fees collected 23 under section 217 of Public Law 104–303 shall be used 24 to cover the cost of operation and maintenance of the 25 dredged material disposal facilities for which such fees

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370 1 have been collected: Provided, That 1 percent of the total 2 amount of funds provided for each of the programs, 3 projects or activities funded under this heading shall not 4 be allocated to a field operating activity prior to the begin5 ning of the fourth quarter of the fiscal year and shall be 6 available for use by the Chief of Engineers to fund such 7 emergency activities as the Chief of Engineers determines 8 to be necessary and appropriate, and that the Chief of En9 gineers shall allocate during the fourth quarter any re10 maining funds which have not been used for emergency 11 activities proportionally in accordance with the amounts 12 provided for the programs, projects, or activities. 13

REGULATORY PROGRAM

14

For expenses necessary for administration of laws

15 pertaining to regulation of navigable waters and wetlands, 16 $200,000,000, to remain available until September 30, 17 2015. 18

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

19

For expenses necessary to clean up contamination

20 from sites in the United States resulting from work per21 formed as part of the Nation’s early atomic energy pro22 gram, $103,499,000, to remain available until expended. 23

FLOOD CONTROL AND COASTAL EMERGENCIES

24

For expenses necessary to prepare for flood, hurri-

25 cane, and other natural disasters and support emergency

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371 1 operations, repairs, and other activities in response to 2 such disasters as authorized by law, $28,000,000, to re3 main available until expended. 4

EXPENSES

5

For expenses necessary for the supervision and gen-

6 eral administration of the civil works program in the head7 quarters of the Corps of Engineers and the offices of the 8 Division Engineers; and for costs of management and op9 eration of the Humphreys Engineer Center Support Activ10 ity, the Institute for Water Resources, the United States 11 Army Engineer Research and Development Center, and 12 the United States Army Corps of Engineers Finance Cen13 ter allocable to the civil works program, $182,000,000, to 14 remain available until September 30, 2015, of which not 15 to exceed $5,000 may be used for official reception and 16 representation purposes and only during the current fiscal 17 year: Provided, That no part of any other appropriation 18 provided in title I of this Act shall be available to fund 19 the civil works activities of the Office of the Chief of Engi20 neers or the civil works executive direction and manage21 ment activities of the division offices: Provided further, 22 That any Flood Control and Coastal Emergencies appro23 priation may be used to fund the supervision and general 24 administration of emergency operations, repairs, and other

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372 1 activities in response to any flood, hurricane, or other nat2 ural disaster. 3

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

4

FOR CIVIL WORKS

5

For the Office of the Assistant Secretary of the Army

6 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 7 $5,000,000, to remain available until September 30, 2015. 8

ADMINISTRATIVE PROVISION

9

The Revolving Fund, Corps of Engineers, shall be

10 available during the current fiscal year for purchase (not 11 to exceed 100 for replacement only) and hire of passenger 12 motor vehicles for the civil works program. 13

GENERAL PROVISIONS—CORPS OF

14

ENGINEERS—CIVIL

15

(INCLUDING TRANSFER OF FUNDS)

16

SEC. 101. (a) None of the funds provided in title I

17 of this Act, or provided by previous appropriations Acts 18 to the agencies or entities funded in title I of this Act 19 that remain available for obligation or expenditure in fiscal 20 year 2014, shall be available for obligation or expenditure 21 through a reprogramming of funds that: 22

(1) creates or initiates a new program, project,

23

or activity;

24

(2) eliminates a program, project, or activity;

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373 1

(3) increases funds or personnel for any pro-

2

gram, project, or activity for which funds have been

3

denied or restricted by this Act, unless prior ap-

4

proval is received from the House and Senate Com-

5

mittees on Appropriations;

6

(4) proposes to use funds directed for a specific

7

activity for a different purpose, unless prior approval

8

is received from the House and Senate Committees

9

on Appropriations;

10

(5) augments or reduces existing programs,

11

projects or activities in excess of the amounts con-

12

tained in subsections 6 through 10, unless prior ap-

13

proval is received from the House and Senate Com-

14

mittees on Appropriations;

15

(6) INVESTIGATIONS.—For a base level over

16

$100,000, reprogramming of 25 percent of the base

17

amount up to a limit of $150,000 per project, study

18

or activity is allowed: Provided, That for a base level

19

less than $100,000, the reprogramming limit is

20

$25,000: Provided further, That up to $25,000 may

21

be reprogrammed into any continuing study or activ-

22

ity that did not receive an appropriation for existing

23

obligations and concomitant administrative expenses;

24

(7) CONSTRUCTION.—For a base level over

25

$2,000,000, reprogramming of 15 percent of the

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374 1

base amount up to a limit of $3,000,000 per project,

2

study or activity is allowed: Provided, That for a

3

base level less than $2,000,000, the reprogramming

4

limit is $300,000: Provided further, That up to

5

$3,000,000 may be reprogrammed for settled con-

6

tractor claims, changed conditions, or real estate de-

7

ficiency judgments: Provided further, That up to

8

$300,000 may be reprogrammed into any continuing

9

study or activity that did not receive an appropria-

10

tion for existing obligations and concomitant admin-

11

istrative expenses;

12

(8) OPERATION

AND MAINTENANCE.—Unlim-

13

ited reprogramming authority is granted in order for

14

the Corps to be able to respond to emergencies: Pro-

15

vided, That the Chief of Engineers must notify the

16

House and Senate Committees on Appropriations of

17

these emergency actions as soon thereafter as prac-

18

ticable: Provided further, That for a base level over

19

$1,000,000, reprogramming of 15 percent of the

20

base amount a limit of $5,000,000 per project, study

21

or activity is allowed: Provided further, That for a

22

base level less than $1,000,000, the reprogramming

23

limit is $150,000: Provided further, That $150,000

24

may be reprogrammed into any continuing study or

25

activity that did not receive an appropriation;

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375 1

(9) MISSISSIPPI

RIVER AND TRIBUTARIES.—

2

The same reprogramming guidelines for the Inves-

3

tigations, Construction, and Operation and Mainte-

4

nance portions of the Mississippi River and Tribu-

5

taries Account as listed above; and

6

(10) FORMERLY

UTILIZED SITES REMEDIAL AC-

7

TION PROGRAM.—Reprogramming

8

cent of the base of the receiving project is permitted.

9

(b) DE MINIMUS REPROGRAMMINGS.—In no case

of up to 15 per-

10 should a reprogramming for less than $50,000 be sub11 mitted to the House and Senate Committees on Appro12 priations. 13

(c) CONTINUING AUTHORITIES PROGRAM.—Sub-

14 section (a)(1) shall not apply to any project or activity 15 funded under the continuing authorities program. 16

(d) Not later than 60 days after the date of enact-

17 ment of this Act, the Corps of Engineers shall submit a 18 report to the House and Senate Committees on Appropria19 tions to establish the baseline for application of re20 programming and transfer authorities for the current fis21 cal year: Provided, That the report shall include: 22

(1) A table for each appropriation with a sepa-

23

rate column to display the President’s budget re-

24

quest, adjustments made by Congress, adjustments

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376 1

due to enacted rescissions, if applicable, and the fis-

2

cal year enacted level;

3

(2) A delineation in the table for each appro-

4

priation both by object class and program, project

5

and activity as detailed in the budget appendix for

6

the respective appropriations; and

7

(3) An identification of items of special congres-

8

sional interest.

9

SEC. 102. None of the funds made available in this

10 title may be used to award or modify any contract that 11 commits funds beyond the amounts appropriated for that 12 program, project, or activity that remain unobligated, ex13 cept that such amounts may include any funds that have 14 been made available through reprogramming pursuant to 15 section 101. 16

SEC. 103. None of the funds in this Act, or previous

17 Acts, making funds available for Energy and Water Devel18 opment, shall be used to award any continuing contract 19 that commits additional funding from the Inland Water20 ways Trust Fund unless or until such time that a long21 term mechanism to enhance revenues in this Fund suffi22 cient to meet the cost-sharing authorized in the Water Re23 sources Development Act of 1986 (Public Law 99–662) 24 is enacted.

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377 1

SEC. 104. Beginning on the date of enactment of this

2 Act and hereafter, not later than 120 days after the date 3 of the Chief of Engineers Report on a water resource mat4 ter, the Assistant Secretary of the Army (Civil Works) 5 shall submit the report to the appropriate authorizing and 6 appropriating committees of the Congress. 7

SEC. 105. During the fiscal year period covered by

8 this Act, the Secretary of the Army is authorized to imple9 ment measures recommended in the efficacy study author10 ized under section 3061 of the Water Resources Develop11 ment Act of 2007 (121 Stat. 1121) or in interim reports, 12 with such modifications or emergency measures as the 13 Secretary of the Army determines to be appropriate, to 14 prevent aquatic nuisance species from dispersing into the 15 Great Lakes by way of any hydrologic connection between 16 the Great Lakes and the Mississippi River Basin. 17

SEC. 106. The Secretary of the Army may transfer

18 to the Fish and Wildlife Service, and the Fish and Wildlife 19 Service may accept and expend, up to $4,700,000 of funds 20 provided in this title under the heading ‘‘Operation and 21 Maintenance’’ to mitigate for fisheries lost due to Corps 22 of Engineers projects. 23

SEC. 107. That portion of the project for navigation,

24 Ipswich River, Massachusetts adopted by the Rivers and 25 Harbor Act of August 5, 1886 consisting of a 4-foot chan-

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378 1 nel located at the entrance to the harbor at Ipswich Har2 bor, lying northwesterly of a line commencing at: 3 N3074938.09, E837154.87, thence running easterly 4 about 60 feet to a point with coordinates N3074972.62, 5 E837203.93, is no longer authorized as a Federal project 6 after the date of enactment of this Act. 7

SEC. 108. That portion of the project of navigation,

8 Chicago Harbor, Illinois, authorized by the River and Har9 bor Acts of March 3, 1899 and March 2, 1919, and that 10 begins at the southwest corner of the Metropolitan Sani11 tary District of Greater Chicago sluice gate that abuts the 12 north wall of the Chicago River Lock and that continues 13 north for approximately 290 feet, thence east approxi14 mately 1,000 feet, then south approximately 290 feet, 15 thence west approximately 1,000 feet to the point of begin16 ning shall no longer be authorized as a Federal project 17 after the date of enactment of this Act. 18

SEC. 109. Beginning on the date of enactment of this

19 Act, the Secretary is no longer authorized to carry out 20 the portion of the project for navigation, Warwick Cove, 21 Rhode Island, authorized by section 107 of the River and 22 Harbor Act of 1960 (33 U.S.C. 577) that is located within 23 the 5 acre anchorage area east of the channel and lying 24 east of the line beginning at a point with coordinates 25 N220,349.79, E357,664.90 thence running north 9 de-

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379 1 grees 10 minutes 21.5 seconds west 170.38 feet to a point 2 N220,517.99, E357,637.74 thence running north 17 de3 grees 44 minutes 30.4 seconds west 165.98 feet to a point 4 N220,676.08, E357,587.16 thence running north 0 de5 grees 46 minutes 0.9 seconds east 138.96 feet to a point 6 N220,815.03, E357,589.02 thence running north 8 de7 grees 36 minutes 22.9 seconds east 101.57 feet to a point 8 N220,915.46, E357,604.22 thence running north 18 de9 grees 18 minutes 27.3 seconds east 168.20 feet to a point 10 N221,075.14, E357,657.05 thence running north 34 de11 grees 42 minutes 7.2 seconds east 106.4 feet to a point 12 N221,162.62,209 E357,717.63 thence running south 29 13 degrees 14 minutes 17.4 seconds east 26.79 feet to a point 14 N221,139.24, E357,730.71 thence running south 30 de15 grees 45 minutes 30.5 seconds west 230.46 feet to a point 16 N220,941.20, E357,612.85 thence running south 10 de17 grees 49 minutes12.0 seconds west 95.46 feet to a point 18 N220,847.44, E357,594.93 thence running south 9 de19 grees 13 minutes 44.5 seconds east 491.68 feet to a point 20 N220,362.12, E357,673.79 thence running south 35 de21 grees 47 minutes 19.4 seconds west 15.20 feet to the point 22 of origin. 23

SEC. 110. (a) Section 1001(17)(A) of Public Law

24 110–114 is amended—

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380 1

(1) by striking ‘‘$125,270,000’’ and inserting in

2

lieu thereof, ‘‘$152,510,000’’;

3

(2) by striking ‘‘$75,140,000’’ and inserting in

4

lieu thereof, ‘‘$92,007,000’’; and

5

(3) by striking ‘‘$50,130,000’’ and inserting in

6

lieu thereof, ‘‘$60,503,000’’.

7

(b) The amendments made by subsection (a) shall

8 take effect as of November 8, 2007. 9

SEC. 111. The project for flood control, Little Cal-

10 umet River, Indiana, authorized by section 401(a) of the 11 Water Resources Development Act of 1986 (Public Law 12 99–662; 100 Stat. 4115), is modified to authorize the Sec13 retary to carry out the project at a total cost of 14 $269,988,000

with

an

estimated

Federal

cost

of

15 $202,800,000 and an estimated non-Federal cost of 16 $67,188,000. 17

SEC. 112. During fiscal years 2014 and 2015, the

18 limitation relating to total project costs in section 902 of 19 the Water Resources Development Act of 1986 (33 U.S.C. 20 2280) shall not apply with respect to any project that re21 ceives funds made available by this title. 22

SEC. 113. The Cape Arundel Disposal Site in the

23 State of Maine selected by the Department of the Army 24 as an alternative dredged material disposal site under sec25 tion 103(b) of the Marine Protection Research and Sanc-

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381 1 tuaries Act of 1972, shall remain open for 5 years after 2 enactment of this Act, until the remaining disposal capac3 ity of the site has been utilized, or until completion of an 4 Environmental Impact Statement to support final des5 ignation of an Ocean Dredged Material Disposal Site for 6 southern Maine under section 102(c) of the Marine Pro7 tection Research and Sanctuaries Act of 1972, whichever 8 first occurs, provided that the site conditions remain suit9 able for such purpose and that the site may not be used 10 for disposal of more than 80,000 cubic yards from any 11 single dredging project. 12

SEC. 114. None of the funds made available in this

13 Act may be used to continue the study conducted by the 14 Army Corps of Engineers pursuant to section 5018(a)(1) 15 of the Water Resources Development Act of 2007. 16

SEC. 115. None of the funds made available in this

17 or any other Act making appropriations for Energy and 18 Water Development for any fiscal year may be used by 19 the Corps of Engineers during the fiscal year ending Sep20 tember 30, 2014, to develop, adopt, implement, admin21 ister, or enforce any change to the regulations in effect 22 on October 1, 2012, pertaining to the definitions of the 23 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 24 purposes of the Federal Water Pollution Control Act (33 25 U.S.C. 1251 et seq.).

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382 1

SEC. 116. During fiscal year 2014, any work that is

2 required to be undertaken on a flood control project be3 cause of impacts to that project from a navigation project 4 may be cost shared in accordance with the cost sharing 5 requirements for the navigation project.

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383 1

TITLE II

2

DEPARTMENT OF THE INTERIOR

3

CENTRAL UTAH PROJECT

4

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5

For carrying out activities authorized by the Central

6 Utah Project Completion Act, $8,725,000, to remain 7 available until expended, of which $1,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 11 the amount provided under this heading, $1,300,000 shall 12 be available until September 30, 2015, for necessary ex13 penses incurred in carrying out related responsibilities of 14 the Secretary of the Interior: Provided further, That for 15 fiscal year 2014, of the amount made available to the 16 Commission under this Act or any other Act, the Commis17 sion may use an amount not to exceed $1,500,000 for ad18 ministrative expenses. 19

BUREAU

20

OF

RECLAMATION

The following appropriations shall be expended to

21 execute authorized functions of the Bureau of Reclama22 tion:

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384 1

WATER AND RELATED RESOURCES

2

(INCLUDING TRANSFERS OF FUNDS)

3

For management, development, and restoration of

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 9 agreements with, State and local governments, federally 10 recognized Indian tribes, and others, $954,085,000, to re11 main available until expended, of which $28,000 shall be 12 available for transfer to the Upper Colorado River Basin 13 Fund and $8,401,000 shall be available for transfer to the 14 Lower Colorado River Basin Development Fund; of which 15 such amounts as may be necessary may be advanced to 16 the Colorado River Dam Fund: Provided, That such trans17 fers may be increased or decreased within the overall ap18 propriation under this heading: Provided further, That of 19 the total appropriated, the amount for program activities 20 that can be financed by the Reclamation Fund or the Bu21 reau of Reclamation special fee account established by 16 22 U.S.C. 6806 shall be derived from that Fund or account: 23 Provided further, That funds contributed under 43 U.S.C. 24 395 are available until expended for the purposes for 25 which the funds were contributed: Provided further, That

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385 1 funds advanced under 43 U.S.C. 397a shall be credited 2 to this account and are available until expended for the 3 same purposes as the sums appropriated under this head4 ing: Provided further, That of the amounts provided here5 in, funds may be used for high-priority projects which 6 shall be carried out by the Youth Conservation Corps, as 7 authorized by 16 U.S.C. 1706. 8

CENTRAL VALLEY PROJECT RESTORATION FUND

9

For carrying out the programs, projects, plans, habi-

10 tat restoration, improvement, and acquisition provisions of 11 the Central Valley Project Improvement Act, $53,288,000, 12 to be derived from such sums as may be collected in the 13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 15 102–575, to remain available until expended: Provided, 16 That the Bureau of Reclamation is directed to assess and 17 collect the full amount of the additional mitigation and 18 restoration payments authorized by section 3407(d) of 19 Public Law 102–575: Provided further, That none of the 20 funds made available under this heading may be used for 21 the acquisition or leasing of water for in-stream purposes 22 if the water is already committed to in-stream purposes 23 by a court adopted decree or order.

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386 1

CALIFORNIA BAY-DELTA RESTORATION

2

(INCLUDING TRANSFERS OF FUNDS)

3

For carrying out activities authorized by the Water

4 Supply, Reliability, and Environmental Improvement Act, 5 consistent with plans to be approved by the Secretary of 6 the Interior, $37,000,000, to remain available until ex7 pended, of which such amounts as may be necessary to 8 carry out such activities may be transferred to appropriate 9 accounts of other participating Federal agencies to carry 10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the 12 costs of CALFED Program management: Provided fur13 ther, That CALFED implementation shall be carried out 14 in a balanced manner with clear performance measures 15 demonstrating concurrent progress in achieving the goals 16 and objectives of the Program. 17

POLICY AND ADMINISTRATION

18

For necessary expenses of policy, administration, and

19 related functions in the Office of the Commissioner, the 20 Denver office, and offices in the five regions of the Bureau 21 of Reclamation, to remain available until September 30, 22 2015, $60,000,000, to be derived from the Reclamation 23 Fund and be nonreimbursable as provided in 43 U.S.C. 24 377: Provided, That no part of any other appropriation

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387 1 in this Act shall be available for activities or functions 2 budgeted as policy and administration expenses. 3

ADMINISTRATIVE PROVISION

4

Appropriations for the Bureau of Reclamation shall

5 be available for purchase of not to exceed five passenger 6 motor vehicles, which are for replacement only. 7 GENERAL PROVISIONS—DEPARTMENT OF THE 8

INTERIOR

9

SEC. 201. (a) None of the funds provided in title II

10 of this Act for Water and Related Resources, or provided 11 by previous appropriations Acts to the agencies or entities 12 funded in title II of this Act for Water and Related Re13 sources that remain available for obligation or expenditure 14 in fiscal year 2014, shall be available for obligation or ex15 penditure through a reprogramming of funds that— 16

(1) initiates or creates a new program, project,

17

or activity;

18

(2) eliminates a program, project, or activity;

19

(3) increases funds for any program, project, or

20

activity for which funds have been denied or re-

21

stricted by this Act, unless prior approval is received

22

from the Committees on Appropriations of the

23

House of Representatives and the Senate;

24

(4) restarts or resumes any program, project or

25

activity for which funds are not provided in this Act,

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388 1

unless prior approval is received from the Commit-

2

tees on Appropriations of the House of Representa-

3

tives and the Senate;

4

(5) transfers funds in excess of the following

5

limits, unless prior approval is received from the

6

Committees on Appropriations of the House of Rep-

7

resentatives and the Senate:

8

(A) 15 percent for any program, project or

9

activity for which $2,000,000 or more is avail-

10

able at the beginning of the fiscal year; or

11

(B) $300,000 for any program, project or

12

activity for which less than $2,000,000 is avail-

13

able at the beginning of the fiscal year;

14

(6) transfers more than $500,000 from either

15

the Facilities Operation, Maintenance, and Rehabili-

16

tation category or the Resources Management and

17

Development category to any program, project, or

18

activity in the other category, unless prior approval

19

is received from the Committees on Appropriations

20

of the House of Representatives and the Senate; or

21

(7) transfers, where necessary to discharge legal

22

obligations of the Bureau of Reclamation, more than

23

$5,000,000 to provide adequate funds for settled

24

contractor claims, increased contractor earnings due

25

to accelerated rates of operations, and real estate de-

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389 1

ficiency judgments, unless prior approval is received

2

from the Committees on Appropriations of the

3

House of Representatives and the Senate.

4

(b) Subsection (a)(5) shall not apply to any transfer

5 of funds within the Facilities Operation, Maintenance, and 6 Rehabilitation category. 7

(c) For purposes of this section, the term ‘‘transfer’’

8 means any movement of funds into or out of a program, 9 project, or activity. 10

(d) The Bureau of Reclamation shall submit reports

11 on a quarterly basis to the Committees on Appropriations 12 of the House of Representatives and the Senate detailing 13 all the funds reprogrammed between programs, projects, 14 activities, or categories of funding. The first quarterly re15 port shall be submitted not later than 60 days after the 16 date of enactment of this Act. 17

SEC. 202. (a) None of the funds appropriated or oth-

18 erwise made available by this Act may be used to deter19 mine the final point of discharge for the interceptor drain 20 for the San Luis Unit until development by the Secretary 21 of the Interior and the State of California of a plan, which 22 shall conform to the water quality standards of the State 23 of California as approved by the Administrator of the En24 vironmental Protection Agency, to minimize any detri25 mental effect of the San Luis drainage waters.

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390 1

(b) The costs of the Kesterson Reservoir Cleanup

2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the 4 Interior as reimbursable or nonreimbursable and collected 5 until fully repaid pursuant to the ‘‘Cleanup Program-Al6 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 7 Repayment Plan’’ described in the report entitled ‘‘Repay8 ment Report, Kesterson Reservoir Cleanup Program and 9 San Joaquin Valley Drainage Program, February 1995’’, 10 prepared by the Department of the Interior, Bureau of 11 Reclamation. Any future obligations of funds by the 12 United States relating to, or providing for, drainage serv13 ice or drainage studies for the San Luis Unit shall be fully 14 reimbursable by San Luis Unit beneficiaries of such serv15 ice or studies pursuant to Federal reclamation law. 16

SEC. 203. (a) USE

OF

TECHNICAL MEMORANDUM.—

17 Notwithstanding any other provision of law, until such 18 time as the pipeline reliability study identified in the joint 19 explanatory statement accompanying the Consolidated Ap20 propriations Act, 2012, (Public Law 112–74) is completed 21 and any necessary changes are made to Technical Memo22 randum 8140–CC–2004–1 (‘‘Corrosion Considerations for 23 Buried Metallic Water Pipe’’) in accordance with sub24 section (c)—

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391 1

(1) The Bureau of Reclamation shall not use

2

the Technical Memorandum as the sole basis to deny

3

funding or approval of a project or to disqualify any

4

material from use in severely corrosive soils; and

5

(2) Reclamation shall notify the Committees on

6

Appropriations of the House of Representatives and

7

the Senate prior to advertisement of any project

8

with a buried metallic pipeline where severely corro-

9

sive soils are anticipated to be encountered. The no-

10

tification shall include the corrosion prevention re-

11

quirements that are anticipated to be required in the

12

contract bidding documents.

13

(b) DEVIATIONS.—If the entity that will be the ulti-

14 mate owner of a project requests a deviation from the cor15 rosion prevention requirements that the Bureau of Rec16 lamation proposes for such project, Reclamation shall give 17 expeditious consideration to granting the deviation and in18 clude liability waivers, if appropriate. 19

(c) REVISIONS

TO

TECHNICAL MEMORANDUM.—A

20 proposal to update Technical Memorandum 8140–CC– 21 2004–1 (‘‘Corrosion Considerations for Buried Metallic 22 Water Pipe’’) shall be— 23

(1) Subject to a peer review by appropriate ex-

24

perts not employed or selected by the Bureau of

25

Reclamation and in accordance with the standards

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392 1

referenced in the Office of Management and Budget

2

document ‘‘Final Information Quality Bulletin for

3

Peer Review’’; and

4

(2) Promulgated in accordance with the re-

5

quirements of Reclamation’s Design Standard No. 1

6

(General Design Standards Dated May 2012), and

7

any other applicable law, regulation, or agency proc-

8

ess, including opportunities for meaningful public

9

participation and input.

10

SEC. 204. The Secretary of the Interior may here-

11 after participate in non-Federal groundwater banking pro12 grams to increase the operational flexibility, reliability, 13 and efficient use of water in the State of California, and 14 this participation may include making payment for the 15 storage of Central Valley Project water supplies, the pur16 chase of stored water, the purchase of shares or an inter17 est in ground banking facilities, or the use of Central Val18 ley Project water as a medium of payment for ground19 water banking services: Provided, That the Secretary of 20 the Interior shall participate in groundwater banking pro21 grams only to the extent allowed under State law and con22 sistent with water rights applicable to the Central Valley 23 Project: Provided further, That any water user to which 24 banked water is delivered shall pay for such water in the 25 same manner provided by that water user’s then-current

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393 1 Central Valley Project water service, repayment, or water 2 rights settlement contract at the rate provided by the 3 then-current Central Valley Project Irrigation or Munic4 ipal and Industrial Rate Setting Policies; and: Provided 5 further, That in implementing this section, the Secretary 6 of the Interior shall comply with applicable environmental 7 laws, including the National Environmental Policy Act of 8 1969 (42 U.S.C. 4321 et seq.) and the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein 10 shall alter or limit the Secretary’s existing authority to 11 use groundwater banking to meet existing fish and wildlife 12 obligations. 13

SEC. 205. (a) Subject to compliance with all applica-

14 ble Federal and State laws, a transfer of irrigation water 15 among Central Valley Project contractors from the Friant, 16 San Felipe, West San Joaquin, and Delta divisions, and 17 a transfer from a long-term Friant Division water service 18 or repayment contractor to a temporary or prior tem19 porary service contractors within the place of use in exist20 ence on the date of the transfer, as identified in the Bu21 reau of Reclamation water rights permits for the Friant 22 Division, shall hereafter be considered to meet the condi23 tions described in subparagraphs (A) and (I) of section 24 3405(a)(1) of the Reclamation Projects Authorization and

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394 1 Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 2 4709). 3

(b) The Secretary of the Interior, acting through the

4 Director of the United States Fish and Wildlife Service 5 and the Commissioner of the Bureau of Reclamation shall 6 initiate and complete, on the most expedited basis prac7 ticable, programmatic environmental compliance so as to 8 facilitate voluntary water transfers within the Central Val9 ley Project, consistent with all applicable Federal and 10 State law. 11

(c) Not later than 180 days after the date of enact-

12 ment of this Act and each of the 4 years thereafter, the 13 Commissioner of the Bureau of Reclamation shall submit 14 to the Committee on Appropriations of the House of Rep15 resentatives and the Committee on Appropriations of the 16 Senate a report that describes the status of efforts to help 17 facilitate and improve the water transfers within the Cen18 tral Valley Project and water transfers between the Cen19 tral Valley Project and other water projects in the State 20 of California; evaluates potential effects of this Act on 21 Federal programs, Indian tribes, Central Valley Project 22 operations, the environment, groundwater aquifers, ref23 uges, and communities; and provides recommendations on 24 ways to facilitate and improve the process for these trans25 fers.

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395 1

SEC. 206. Section 104(c) of the Reclamation States

2 Emergency Drought Relief Act of 1991 (43 U.S.C. 3 2214(c)) is amended by striking ‘‘2012’’ and inserting 4 ‘‘2017’’. 5

SEC. 207. Title I of Public Law 108–361 (the Calfed

6 Bay-Delta Authorization Act) (118 Stat. 1681), as 7 amended by section 210 of Public Law 111–85, is amend8 ed by striking ‘‘2014’’ each place it appears and inserting 9 ‘‘2015’’. 10

SEC. 208. The Secretary may hereafter partner, pro-

11 vide a grant to, or enter into a cooperative agreement with 12 local joint powers authorities formed pursuant to State 13 law by irrigation districts and other local water districts 14 and local governments, to advance planning and feasibility 15 studies authorized by Congress for water storage project: 16 Provided, That the Secretary shall ensure that all docu17 ments associated with the preparation of planning and fea18 sibility studies and applicable environmental reviews under 19 the National Environmental Policy Act for a project cov20 ered by this section shall be made available to any joint 21 powers authority with whom the Secretary enters into an 22 agreement to advance such project: Provided further, That 23 the Secretary, acting through the Commissioner of the 24 Bureau of Reclamation, shall ensure that all applicable en25 vironmental reviews under the National Environmental

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396 1 Policy Act, to the degree such reviews are required, are 2 completed on an expeditious basis and that the shortest 3 existing applicable process under the National Environ4 mental Policy Act shall be utilized, including in the com5 pletion of feasibility studies, Draft Environmental Impact 6 Statements (DEIS) and Final Environmental Impact 7 Statements (FEIS): Provided further, That the Bureau of 8 Reclamation need not complete the applicable feasibility 9 study, DEIS or FEIS if the Commissioner determines, 10 and the Secretary concurs, that the project can be expe11 dited by a joint powers authority as a non-Federal project 12 or if the project fails to meet applicable Federal cost-ben13 efit requirements or standards: Provided further, That the 14 Secretary shall not provide financial assistance towards 15 these studies or projects, unless there is a demonstrable 16 Federal interest. 17

SEC. 209. Section 9 of the Fort Peck Reservation

18 Rural Water System Act of 2000 (Public Law 106–382; 19 114 Stat. 1457, 123 Stat. 2856) is amended by striking 20 ‘‘2015’’ each place it appears in subsections (a)(1) and 21 (b) and inserting ‘‘2020’’.

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397 1

TITLE III

2

DEPARTMENT OF ENERGY

3

ENERGY PROGRAMS

4 5

ENERGY EFFICIENCY

AND

RENEWABLE ENERGY

(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

6

For Department of Energy expenses including the

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy 9 efficiency and renewable energy activities in carrying out 10 the purposes of the Department of Energy Organization 11 Act (42 U.S.C. 7101 et seq.), including the acquisition or 12 condemnation of any real property or any facility or for 13 plant or facility acquisition, construction, or expansion, 14 $1,912,104,111, to remain available until expended: Pro15 vided, That $162,000,000 shall be available until Sep16 tember 30, 2015, for program direction: Provided further, 17 That of the amount provided under this heading, the Sec18 retary may transfer up to $45,000,000 to the Defense 19 Production Act Fund for activities of the Department of 20 Energy pursuant to the Defense Production Act of 1950 21 (50 U.S.C. App. 2061, et seq.): Provided further, That 22 $4,711,100 from Public Law 111–8 and $5,707,011 from 23 Public Law 111–85 provided under this heading are here24 by rescinded: Provided further, That no amounts may be 25 rescinded from amounts that were designated by the Con-

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398 1 gress as an emergency requirement pursuant to a concur2 rent resolution on the budget or the Balanced Budget and 3 Emergency Deficit Control Act of 1985. 4

ELECTRICITY DELIVERY

5

AND

ENERGY RELIABILITY

For Department of Energy expenses including the

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for elec8 tricity delivery and energy reliability activities in carrying 9 out the purposes of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi11 tion or condemnation of any real property or any facility 12 or for plant or facility acquisition, construction, or expan13 sion, $147,306,000, to remain available until expended: 14 Provided, That $27,606,000 shall be available until Sep15 tember 30, 2015, for program direction. 16

NUCLEAR ENERGY

17

For Department of Energy expenses including the

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for nuclear 20 energy activities in carrying out the purposes of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 22 seq.), including the acquisition or condemnation of any 23 real property or any facility or for plant or facility acquisi24 tion, construction, or expansion, and the purchase of not 25 more than 10 buses and 2 ambulances, all for replacement

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399 1 only, $889,190,000, to remain available until expended: 2 Provided, That of the amount made available under this 3 heading, $90,000,000 shall be available until September 4 30, 2015, for program direction. 5

FOSSIL ENERGY RESEARCH

6

For necessary expenses in carrying out fossil energy

AND

DEVELOPMENT

7 research and development activities, under the authority 8 of the Department of Energy Organization Act (Public 9 Law 95–91), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property 11 or any facility or for plant or facility acquisition or expan12 sion, and for conducting inquiries, technological investiga13 tions and research concerning the extraction, processing, 14 use, and disposal of mineral substances without objection15 able social and environmental costs (30 U.S.C. 3, 1602, 16 and 1603), $562,065,000, to remain available until ex17 pended: Provided, That $120,000,000 shall be available 18 until September 30, 2015, for program direction: Provided 19 further, That for all programs funded under Fossil Energy 20 appropriations in this and subsequent Acts, the Secretary 21 may vest fee title or other property interests acquired 22 under projects in any entity, including the United States. 23

NAVAL PETROLEUM

24

For expenses necessary to carry out naval petroleum

AND

OIL SHALE RESERVES

25 and oil shale reserve activities, $20,000,000, to remain

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400 1 available until expended: Provided, That, notwithstanding 2 any other provision of law, unobligated funds remaining 3 from prior years shall be available for all naval petroleum 4 and oil shale reserve activities. 5

STRATEGIC PETROLEUM RESERVE

6

For necessary expenses for Strategic Petroleum Re-

7 serve facility development and operations and program 8 management activities pursuant to the Energy Policy and 9 Conservation Act (42 U.S.C. 6201 et seq.), $189,400,000, 10 to remain available until expended. 11

NORTHEAST HOME HEATING OIL RESERVE

12

For necessary expenses for Northeast Home Heating

13 Oil Reserve storage, operation, and management activities 14 pursuant to the Energy Policy and Conservation Act (42 15 U.S.C. 6201 et seq.), $8,000,000, to remain available until 16 expended. 17

ENERGY INFORMATION ADMINISTRATION

18

For necessary expenses in carrying out the activities

19 of the Energy Information Administration, $117,000,000, 20 to remain available until expended. 21

NON-DEFENSE ENVIRONMENTAL CLEANUP

22

For Department of Energy expenses, including the

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the

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401 1 purposes of the Department of Energy Organization Act 2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 4 or

facility

acquisition,

construction,

or

expansion,

5 $231,765,000, to remain available until expended. 6

URANIUM ENRICHMENT DECONTAMINATION

7

AND

DECOMMISSIONING FUND

8

For necessary expenses in carrying out uranium en-

9 richment facility decontamination and decommissioning, 10 remedial actions, and other activities of title II of the 11 Atomic Energy Act of 1954, and title X, subtitle A, of 12 the Energy Policy Act of 1992, $598,823,000, to be de13 rived from the Uranium Enrichment Decontamination and 14 Decommissioning Fund, to remain available until ex15 pended. 16

SCIENCE

17

For Department of Energy expenses including the

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for science 20 activities in carrying out the purposes of the Department 21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or facility or for plant or facility acquisition, construc24 tion, or expansion, and purchase of not more than 25 pas25 senger motor vehicles for replacement only, including one

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402 1 law enforcement vehicle, one ambulance, and one bus, 2 $5,071,000,000, to remain available until expended: Pro3 vided, That $185,000,000 shall be available until Sep4 tember 30, 2015, for program direction: Provided further, 5 That not more than $22,790,000 may be made available 6 for U.S. cash contributions to the International Thermo7 nuclear Experimental Reactor project until its governing 8 Council adopts the recommendations of the Third Biennial 9 International Organization Management Assessment Re10 port: Provided further, That the Secretary of Energy may 11 waive this requirement upon submission to the Commit12 tees on Appropriations of the House of Representatives 13 and the Senate a determination that the Council is making 14 satisfactory progress towards adoption of such rec15 ommendations. 16

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

17

For necessary expenses in carrying out the activities

18 authorized by section 5012 of the America COMPETES 19 Act (Public Law 110–69), as amended, $280,000,000, to 20 remain

available

until

expended:

Provided,

That

21 $28,000,000 shall be available until September 30, 2015, 22 for program direction.

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403 1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 2

PROGRAM

3

Such sums as are derived from amounts received

4 from borrowers pursuant to section 1702(b) of the Energy 5 Policy Act of 2005 under this heading in prior Acts, shall 6 be collected in accordance with section 502(7) of the Con7 gressional Budget Act of 1974: Provided, That, for nec8 essary administrative expenses to carry out this Loan 9 Guarantee program, $42,000,000 is appropriated, to re10 main available until September 30, 2015: Provided further, 11 That $22,000,000 of the fees collected pursuant to section 12 1702(h) of the Energy Policy Act of 2005 shall be credited 13 as offsetting collections to this account to cover adminis14 trative expenses and shall remain available until expended, 15 so as to result in a final fiscal year 2014 appropriation 16 from the general fund estimated at not more than 17 $20,000,000: Provided further, That fees collected under 18 section 1702(h) in excess of the amount appropriated for 19 administrative expenses shall not be available until appro20 priated: Provided further, That the Department of Energy 21 shall not subordinate any loan obligation to other financ22 ing in violation of section 1702 of the Energy Policy Act 23 of 2005 (42 U.S.C. 16512) or subordinate any Guaran24 teed Obligation to any loan or other debt obligations in

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404 1 violation of section 609.10 of title 10, Code of Federal 2 Regulations. 3

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4

LOAN PROGRAM

5

For administrative expenses in carrying out the Ad-

6 vanced Technology Vehicles Manufacturing Loan Pro7 gram, $6,000,000, to remain available until September 30, 8 2015. 9

DEPARTMENTAL ADMINISTRATION

10

For salaries and expenses of the Department of En-

11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), $234,637,000, to 14 remain available until September 30, 2015, including the 15 hire of passenger motor vehicles and official reception and 16 representation expenses not to exceed $30,000, plus such 17 additional amounts as necessary to cover increases in the 18 estimated amount of cost of work for others notwith19 standing the provisions of the Anti-Deficiency Act (31 20 U.S.C. 1511 et seq.): Provided, That such increases in 21 cost of work are offset by revenue increases of the same 22 or greater amount: Provided further, That moneys received 23 by the Department for miscellaneous revenues estimated 24 to total $108,188,000 in fiscal year 2014 may be retained 25 and used for operating expenses within this account, as

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405 1 authorized by section 201 of Public Law 95–238, notwith2 standing the provisions of 31 U.S.C. 3302: Provided fur3 ther, That the sum herein appropriated shall be reduced 4 as collections are received during the fiscal year so as to 5 result in a final fiscal year 2014 appropriation from the 6 general fund estimated at not more than $126,449,000. 7

OFFICE

8

OF THE INSPECTOR

GENERAL

For necessary expenses of the Office of the Inspector

9 General in carrying out the provisions of the Inspector 10 General Act of 1978, $42,120,000, to remain available 11 until September 30, 2015. 12

ATOMIC ENERGY DEFENSE ACTIVITIES

13

NATIONAL NUCLEAR SECURITY

14

ADMINISTRATION

15

WEAPONS ACTIVITIES

16

(INCLUDING RESCISSION OF FUNDS)

17

For Department of Energy expenses, including the

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other incidental expenses necessary for 20 atomic energy defense weapons activities in carrying out 21 the purposes of the Department of Energy Organization 22 Act (42 U.S.C. 7101 et seq.), including the acquisition or 23 condemnation of any real property or any facility or for 24 plant or facility acquisition, construction, or expansion, 25 and the purchase of not to exceed one ambulance,

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406 1 $7,845,000,000, to remain available until expended: Pro2 vided, That of such amount not more than $40,000,000 3 may be made available for B83 Stockpile Systems until 4 the Nuclear Weapons Council certifies to the Committees 5 on Appropriations of the House of Representatives and the 6 Senate that the B83 gravity bomb will be retired by fiscal 7 year 2025 or as soon as confidence in the B61–12 stock8 pile is gained: Provided further, That of the unobligated 9 balances from prior year appropriations available under 10 this heading, $64,000,000 is hereby rescinded: Provided 11 further, That no amounts may be rescinded from amounts 12 that were designated by the Congress as an emergency re13 quirement pursuant to a concurrent resolution on the 14 budget or the Balanced Budget and Emergency Deficit 15 Control Act of 1985. 16

DEFENSE NUCLEAR NONPROLIFERATION

17

For Department of Energy expenses, including the

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other incidental expenses necessary for 20 defense nuclear nonproliferation activities, in carrying out 21 the purposes of the Department of Energy Organization 22 Act (42 U.S.C. 7101 et seq.), including the acquisition or 23 condemnation of any real property or any facility or for 24 plant or facility acquisition, construction, or expansion, 25 $1,954,000,000, to remain available until expended.

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407 1

NAVAL REACTORS

2

For Department of Energy expenses necessary for

3 naval reactors activities to carry out the Department of 4 Energy Organization Act (42 U.S.C. 7101 et seq.), includ5 ing the acquisition (by purchase, condemnation, construc6 tion, or otherwise) of real property, plant, and capital 7 equipment,

facilities,

and

facility

expansion,

8 $1,095,000,000, to remain available until expended: Pro9 vided, That $43,212,000 shall be available until Sep10 tember 30, 2015, for program direction. 11

OFFICE

12

OF THE

ADMINISTRATOR

For necessary expenses of the Office of the Adminis-

13 trator in the National Nuclear Security Administration, 14 $377,000,000, to remain available until September 30, 15 2015, including official reception and representation ex16 penses not to exceed $12,000. 17

ENVIRONMENTAL AND OTHER DEFENSE

18

ACTIVITIES

19

DEFENSE ENVIRONMENTAL CLEANUP

20

For Department of Energy expenses, including the

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic 23 energy defense environmental cleanup activities in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the acqui-

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408 1 sition or condemnation of any real property or any facility 2 or for plant or facility acquisition, construction, or expan3 sion, and the purchase of not to exceed one sport utility 4 vehicle, three lube trucks, and one fire truck for replace5 ment only, $5,000,000,000, to remain available until ex6 pended: Provided, That $300,000,000 shall be available 7 until September 30, 2015, for program direction. 8

OTHER DEFENSE ACTIVITIES

9

For Department of Energy expenses, including the

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses, necessary for atomic 12 energy defense, other defense activities, and classified ac13 tivities, in carrying out the purposes of the Department 14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or any facility or for plant or facility acquisition, con17 struction, or expansion, $755,000,000, to remain available 18 until expended: Provided, That $127,035,000 shall be 19 available until September 30, 2015, for program direction. 20

POWER MARKETING ADMINISTRATIONS

21

BONNEVILLE POWER ADMINISTRATION FUND

22

Expenditures from the Bonneville Power Administra-

23 tion Fund, established pursuant to Public Law 93–454, 24 are approved for construction of, or participating in the 25 construction of, a high voltage line from Bonneville’s high

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409 1 voltage system to the service areas of requirements cus2 tomers located within Bonneville’s service area in southern 3 Idaho, southern Montana, and western Wyoming; and 4 such line may extend to, and interconnect in, the Pacific 5 Northwest with lines between the Pacific Northwest and 6 the Pacific Southwest, and for John Day Reprogramming 7 and Construction, the Columbia River Basin White Stur8 geon Hatchery, and Kelt Reconditioning and Reproductive 9 Success Evaluation Research, and, in addition, for official 10 reception and representation expenses in an amount not 11 to exceed $5,000: Provided, That during fiscal year 2014, 12 no new direct loan obligations may be made. 13 OPERATION

AND

MAINTENANCE, SOUTHEASTERN POWER

14

ADMINISTRATION

15

For necessary expenses of operation and maintenance

16 of power transmission facilities and of marketing electric 17 power and energy, including transmission wheeling and 18 ancillary services, pursuant to section 5 of the Flood Con19 trol Act of 1944 (16 U.S.C. 825s), as applied to the south20 eastern power area, and including official reception and 21 representation expenses in an amount not to exceed 22 $1,500, $7,750,000, to remain available until expended: 23 Provided, That notwithstanding 31 U.S.C. 3302 and sec24 tion 5 of the Flood Control Act of 1944, up to $7,750,000 25 collected by the Southeastern Power Administration from

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410 1 the sale of power and related services shall be credited to 2 this account as discretionary offsetting collections, to re3 main available until expended for the sole purpose of fund4 ing the annual expenses of the Southeastern Power Ad5 ministration: Provided further, That the sum herein appro6 priated for annual expenses shall be reduced as collections 7 are received during the fiscal year so as to result in a final 8 fiscal year 2014 appropriation estimated at not more than 9 $0: Provided further, That, notwithstanding 31 U.S.C. 10 3302, up to $78,081,000 collected by the Southeastern 11 Power Administration pursuant to the Flood Control Act 12 of 1944 to recover purchase power and wheeling expenses 13 shall be credited to this account as offsetting collections, 14 to remain available until expended for the sole purpose 15 of making purchase power and wheeling expenditures: 16 Provided further, That for purposes of this appropriation, 17 annual expenses means expenditures that are generally re18 covered in the same year that they are incurred (excluding 19 purchase power and wheeling expenses). 20

OPERATION

21

AND

MAINTENANCE, SOUTHWESTERN

POWER ADMINISTRATION

22

For necessary expenses of operation and maintenance

23 of power transmission facilities and of marketing electric 24 power and energy, for construction and acquisition of 25 transmission lines, substations and appurtenant facilities,

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411 1 and for administrative expenses, including official recep2 tion and representation expenses in an amount not to ex3 ceed $1,500 in carrying out section 5 of the Flood Control 4 Act of 1944 (16 U.S.C. 825s), as applied to the South5 western Power Administration, $45,456,000, to remain 6 available until expended: Provided, That notwithstanding 7 31 U.S.C. 3302 and section 5 of the Flood Control Act 8 of 1944 (16 U.S.C. 825s), up to $33,564,000 collected 9 by the Southwestern Power Administration from the sale 10 of power and related services shall be credited to this ac11 count as discretionary offsetting collections, to remain 12 available until expended, for the sole purpose of funding 13 the annual expenses of the Southwestern Power Adminis14 tration: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections 16 are received during the fiscal year so as to result in a final 17 fiscal year 2014 appropriation estimated at not more than 18 $11,892,000: Provided further, That, notwithstanding 31 19 U.S.C. 3302, up to $42,000,000 collected by the South20 western Power Administration pursuant to the Flood Con21 trol Act of 1944 to recover purchase power and wheeling 22 expenses shall be credited to this account as offsetting col23 lections, to remain available until expended for the sole 24 purpose of making purchase power and wheeling expendi25 tures: Provided further, That, for purposes of this appro-

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412 1 priation, annual expenses means expenditures that are 2 generally recovered in the same year that they are in3 curred (excluding purchase power and wheeling expenses). 4 CONSTRUCTION,

REHABILITATION,

OPERATION

AND

5

MAINTENANCE, WESTERN AREA POWER ADMINIS-

6

TRATION

7

For carrying out the functions authorized by title III,

8 section 302(a)(1)(E) of the Act of August 4, 1977 (42 9 U.S.C. 7152), and other related activities including con10 servation and renewable resources programs as author11 ized, including official reception and representation ex12 penses in an amount not to exceed $1,500, $299,919,000, 13 to remain available until expended, of which $292,019,000 14 shall be derived from the Department of the Interior Rec15 lamation Fund: Provided, That notwithstanding 31 U.S.C. 16 3302, section 5 of the Flood Control Act of 1944 (16 17 U.S.C. 825s), and section 1 of the Interior Department 18 Appropriation Act, 1939 (43 U.S.C. 392a), up to 19 $203,989,000 collected by the Western Area Power Ad20 ministration from the sale of power and related services 21 shall be credited to this account as discretionary offsetting 22 collections, to remain available until expended, for the sole 23 purpose of funding the annual expenses of the Western 24 Area Power Administration: Provided further, That the 25 sum herein appropriated for annual expenses shall be re-

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413 1 duced as collections are received during the fiscal year so 2 as to result in a final fiscal year 2014 appropriation esti3 mated at not more than $95,930,000, of which 4 $88,030,000 is derived from the Reclamation Fund: Pro5 vided further, That notwithstanding 31 U.S.C. 3302, up 6 to $230,738,000 collected by the Western Area Power Ad7 ministration pursuant to the Flood Control Act of 1944 8 and the Reclamation Project Act of 1939 to recover pur9 chase power and wheeling expenses shall be credited to 10 this account as offsetting collections, to remain available 11 until expended for the sole purpose of making purchase 12 power and wheeling expenditures: Provided further, That 13 for purposes of this appropriation, annual expenses means 14 expenditures that are generally recovered in the same year 15 that they are incurred (excluding purchase power and 16 wheeling expenses): Provided further, That for purposes 17 of this appropriation in this and subsequent Acts, pur18 chase power and wheeling expenses includes the cost of 19 voluntary purchases of power allowances in compliance 20 with state greenhouse gas programs existing at the time 21 of enactment of this Act. 22

FALCON

AND

AMISTAD OPERATING

23

AND

MAINTENANCE

FUND

24

For operation, maintenance, and emergency costs for

25 the hydroelectric facilities at the Falcon and Amistad

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414 1 Dams, $5,330,671, to remain available until expended, 2 and to be derived from the Falcon and Amistad Operating 3 and Maintenance Fund of the Western Area Power Ad4 ministration, as provided in section 2 of the Act of June 5 18, 1954 (68 Stat. 255): Provided, That notwithstanding 6 the provisions of that Act and of 31 U.S.C. 3302, up to 7 $4,910,671 collected by the Western Area Power Adminis8 tration from the sale of power and related services from 9 the Falcon and Amistad Dams shall be credited to this 10 account as discretionary offsetting collections, to remain 11 available until expended for the sole purpose of funding 12 the annual expenses of the hydroelectric facilities of these 13 Dams and associated Western Area Power Administration 14 activities: Provided further, That the sum herein appro15 priated for annual expenses shall be reduced as collections 16 are received during the fiscal year so as to result in a final 17 fiscal year 2014 appropriation estimated at not more than 18 $420,000: Provided further, That for purposes of this ap19 propriation, annual expenses means expenditures that are 20 generally recovered in the same year that they are in21 curred: Provided further, That for fiscal year 2014, the 22 Administrator of the Western Area Power Administration 23 may accept up to $865,000 in funds contributed by United 24 States power customers of the Falcon and Amistad Dams 25 for deposit into the Falcon and Amistad Operating and

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415 1 Maintenance Fund, and such funds shall be available for 2 the purpose for which contributed in like manner as if said 3 sums had been specifically appropriated for such purpose: 4 Provided further, That any such funds shall be available 5 without further appropriation and without fiscal year limi6 tation for use by the Commissioner of the United States 7 Section of the International Boundary and Water Com8 mission for the sole purpose of operating, maintaining, re9 pairing, rehabilitating, replacing, or upgrading the hydro10 electric facilities at these Dams in accordance with agree11 ments reached between the Administrator, Commissioner, 12 and the power customers. 13

FEDERAL ENERGY REGULATORY COMMISSION

14

SALARIES AND EXPENSES

15

For necessary expenses of the Federal Energy Regu-

16 latory Commission to carry out the provisions of the De17 partment of Energy Organization Act (42 U.S.C. 7101 et 18 seq.), including services as authorized by 5 U.S.C. 3109, 19 the hire of passenger motor vehicles, and official reception 20 and representation expenses not to exceed $3,000, 21 $304,600,000, to remain available until expended: Pro22 vided, That notwithstanding any other provision of law, 23 not to exceed $304,600,000 of revenues from fees and an24 nual charges, and other services and collections in fiscal 25 year 2014 shall be retained and used for necessary ex-

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416 1 penses in this account, and shall remain available until 2 expended: Provided further, That the sum herein appro3 priated from the general fund shall be reduced as revenues 4 are received during fiscal year 2014 so as to result in a 5 final fiscal year 2014 appropriation from the general fund 6 estimated at not more than $0. 7

GENERAL PROVISIONS—DEPARTMENT OF

8

ENERGY

9

(INCLUDING TRANSFER OF FUNDS)

10

SEC. 301. (a) No appropriation, funds, or authority

11 made available by this title for the Department of Energy 12 shall be used to initiate or resume any program, project, 13 or activity or to prepare or initiate Requests For Proposals 14 or

similar

arrangements

(including

Requests

for

15 Quotations, Requests for Information, and Funding Op16 portunity Announcements) for a program, project, or ac17 tivity if the program, project, or activity has not been 18 funded by Congress. 19

(b)(1) Unless the Secretary of Energy notifies the

20 Committees on Appropriations of the House of Represent21 atives and the Senate at least 3 full business days in ad22 vance, none of the funds made available in this title may 23 be used to—

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417 1

(A) make a grant allocation or discre-

2

tionary grant award totaling $1,000,000 or

3

more;

4

(B) make a discretionary contract award

5

or

6

$1,000,000 or more, including a contract cov-

7

ered by the Federal Acquisition Regulation;

Other

Transaction

Agreement

totaling

8

(C) issue a letter of intent to make an allo-

9

cation, award, or Agreement in excess of the

10

limits in subparagraph (A) or (B); or

11

(D) announce publicly the intention to

12

make an allocation, award, or Agreement in ex-

13

cess of the limits in subparagraph (A) or (B).

14

(2) The Secretary of Energy shall submit to the

15

Committees on Appropriations of the House of Rep-

16

resentatives and the Senate within 15 days of the

17

conclusion of each quarter a report detailing each

18

grant allocation or discretionary grant award total-

19

ing less than $1,000,000 provided during the pre-

20

vious quarter.

21

(3) The notification required by paragraph (1)

22

and the report required by paragraph (2) shall in-

23

clude the recipient of the award, the amount of the

24

award, the fiscal year for which the funds for the

25

award were appropriated, the account and program,

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418 1

project, or activity from which the funds are being

2

drawn, the title of the award, and a brief description

3

of the activity for which the award is made.

4

(c) The Department of Energy may not, with respect

5 to any program, project, or activity that uses budget au6 thority made available in this title under the heading ‘‘De7 partment of Energy—Energy Programs’’, enter into a 8 multiyear contract, award a multiyear grant, or enter into 9 a multiyear cooperative agreement unless— 10

(1) the contract, grant, or cooperative agree-

11

ment is funded for the full period of performance as

12

anticipated at the time of award; or

13

(2) the contract, grant, or cooperative agree-

14

ment includes a clause conditioning the Federal Gov-

15

ernment’s obligation on the availability of future

16

year budget authority and the Secretary notifies the

17

Committees on Appropriations of the House of Rep-

18

resentatives and the Senate at least 3 days in ad-

19

vance.

20

(d) Except as provided in subsections (e), (f), and (g),

21 the amounts made available by this title shall be expended 22 as authorized by law for the programs, projects, and ac23 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De24 partment of Energy’’ table included under the heading 25 ‘‘Title III—Department of Energy’’ in the explanatory

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419 1 statement described in section 4 (in the matter preceding 2 division A of this consolidated Act). 3

(e) The amounts made available by this title may be

4 reprogrammed for any program, project, or activity, and 5 the Department shall notify the Committees on Appropria6 tions of the House of Representatives and the Senate at 7 least 30 days prior to the use of any proposed reprogram8 ming which would cause any program, project, or activity 9 funding level to increase or decrease by more than 10 $5,000,000 or 10 percent, whichever is less, during the 11 time period covered by this Act. 12

(f) None of the funds provided in this title shall be

13 available for obligation or expenditure through a re14 programming of funds that— 15

(1) creates, initiates, or eliminates a program,

16

project, or activity;

17

(2) increases funds or personnel for any pro-

18

gram, project, or activity for which funds are denied

19

or restricted by this Act; or

20

(3) reduces funds that are directed to be used

21

for a specific program, project, or activity by this

22

Act.

23

(g)(1) The Secretary of Energy may waive any re-

24 quirement or restriction in this section that applies to the 25 use of funds made available for the Department of Energy

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420 1 if compliance with such requirement or restriction would 2 pose a substantial risk to human health, the environment, 3 welfare, or national security. 4

(2) The Secretary of Energy shall notify the

5

Committees on Appropriations of the House of Rep-

6

resentatives and the Senate of any waiver under

7

paragraph (1) as soon as practicable, but not later

8

than 3 days after the date of the activity to which

9

a requirement or restriction would otherwise have

10

applied. Such notice shall include an explanation of

11

the substantial risk under paragraph (1) that per-

12

mitted such waiver.

13

SEC. 302. The unexpended balances of prior appro-

14 priations provided for activities in this Act may be avail15 able to the same appropriation accounts for such activities 16 established pursuant to this title. Available balances may 17 be merged with funds in the applicable established ac18 counts and thereafter may be accounted for as one fund 19 for the same time period as originally enacted. 20

SEC. 303. Funds appropriated by this or any other

21 Act, or made available by the transfer of funds in this 22 Act, for intelligence activities are deemed to be specifically 23 authorized by the Congress for purposes of section 504 24 of the National Security Act of 1947 (50 U.S.C. 414) dur-

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421 1 ing fiscal year 2014 until the enactment of the Intelligence 2 Authorization Act for fiscal year 2014. 3

SEC. 304. None of the funds made available in this

4 title shall be used for the construction of facilities classi5 fied as high-hazard nuclear facilities under 10 CFR Part 6 830 unless independent oversight is conducted by the Of7 fice of Health, Safety, and Security to ensure the project 8 is in compliance with nuclear safety requirements. 9

SEC. 305. None of the funds made available in this

10 title may be used to approve critical decision-2 or critical 11 decision-3 under Department of Energy Order 413.3B, or 12 any successive departmental guidance, for construction 13 projects

where

the

total

project

cost

exceeds

14 $100,000,000, until a separate independent cost estimate 15 has been developed for the project for that critical deci16 sion. 17

SEC. 306. (a) Any determination (including a deter-

18 mination made prior to the date of enactment of this Act) 19 by the Secretary pursuant to section 3112(d)(2)(B) of the 20 USEC Privatization Act (110 Stat. 1321–335), as amend21 ed, shall be valid for not more than 2 calendar years sub22 sequent to such determination. 23

(b) Not less than 30 days prior to the provision of

24 uranium in any form the Secretary shall notify the House

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422 1 and Senate Committees on Appropriations of the fol2 lowing: 3

(1) the amount of uranium to be provided;

4

(2) an estimate by the Secretary of the gross

5

fair market value of the uranium on the expected

6

date of the provision of the uranium;

7

(3) the expected date of the provision of the

8

uranium;

9

(4) the recipient of the uranium; and

10

(5) the value the Secretary expects to receive in

11

exchange for the uranium, including any adjust-

12

ments to the gross fair market value of the uranium.

13

SEC. 307. Section 20320 of the Continuing Appro-

14 priations Resolution, 2007, Public Law 109–289, division 15 B, as amended by the Revised Continuing Appropriations 16 Resolution, 2007, Public Law 110–5, is amended by strik17 ing in subsection (c) ‘‘an annual review’’ after ‘‘conduct’’ 18 and inserting in lieu thereof ‘‘a review every three years’’. 19

SEC. 308. None of the funds made available by this

20 or any subsequent Act for fiscal year 2014 or any fiscal 21 year hereafter may be used to pay the salaries of Depart22 ment of Energy employees to carry out the amendments 23 made by section 407 of division A of the American Recov24 ery and Reinvestment Act of 2009.

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423 1

SEC. 309. Notwithstanding section 307 of Public Law

2 111–85, of the funds made available by the Department 3 of Energy for activities at Government-owned, contractor4 operated laboratories funded in this or any subsequent 5 Energy and Water Development Appropriations Act for 6 any fiscal year, the Secretary may authorize a specific 7 amount, not to exceed 6 percent of such funds, to be used 8 by such laboratories for laboratory directed research and 9 development. 10

SEC. 310. Notwithstanding section 301(c) of this Act,

11 none of the funds made available under the heading ‘‘De12 partment of Energy—Energy Programs—Science’’ may 13 be used for a multiyear contract, grant, cooperative agree14 ment, or Other Transaction Agreement of $1,000,000 or 15 less unless the contract, grant, cooperative agreement, or 16 Other Transaction Agreement is funded for the full period 17 of performance as anticipated at the time of award. 18

SEC. 311. (a) Not later than June 30, 2014, the Sec-

19 retary shall submit to the Committees on Appropriations 20 of the House of Representatives and the Senate a tritium 21 and enriched uranium management plan that provides— 22

(1) an assessment of the national security de-

23

mand for tritium and low and highly enriched ura-

24

nium through 2060;

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424 1

(2) a description of the Department of Energy’s

2

plan to provide adequate amounts of tritium and en-

3

riched uranium for national security purposes

4

through 2060; and

5

(3) an analysis of planned and alternative tech-

6

nologies which are available to meet the supply

7

needs for tritium and enriched uranium for national

8

security purposes, including weapons dismantlement

9

and down-blending.

10

(b) The analysis provided by (a)(3) shall include a

11 detailed estimate of the near- and long-term costs to the 12 Department of Energy should the Tennessee Valley Au13 thority no longer be a viable tritium supplier. 14

SEC. 312. The Secretary of Energy shall submit to

15 the congressional defense committees (as defined in 16 U.S.C. 101(a)(16)), a report on each major warhead re17 furbishment program that reaches the Phase 6.3 mile18 stone, and not later than April 1, 2014 for the B61–12 19 life extension program, that provides an analysis of alter20 natives which includes— 21

(1) a full description of alternatives considered

22

prior to the award of Phase 6.3;

23

(2) a comparison of the costs and benefits of

24

each of those alternatives, to include an analysis of

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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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426 1

SEC. 313. (a) IN GENERAL.—Subject to subsections

2 (b) through (d), the Secretary may appoint, without re3 gard to the provisions of chapter 33 of title 5, United 4 States Code, governing appointments in the competitive 5 service, exceptionally well qualified individuals to sci6 entific, engineering, or other critical technical positions. 7

(b) LIMITATIONS.—

8

(1) NUMBER

OF POSITIONS.—The

number of

9

critical positions authorized by subsection (a) may

10

not exceed 120 at any one time in the Department.

11

(2) TERM.—The term of an appointment under

12

subsection (a) may not exceed 4 years.

13

(3) PRIOR

EMPLOYMENT.—An

individual ap-

14

pointed under subsection (a) shall not have been a

15

Department employee during the 2-year period end-

16

ing on the date of appointment.

17

(4) PAY.—

18

(A) IN

GENERAL.—The

Secretary shall

19

have the authority to fix the basic pay of an in-

20

dividual appointed under subsection (a) at a

21

rate to be determined by the Secretary up to

22

level I of the Executive Schedule without regard

23

to the civil service laws.

24

(B) TOTAL

25

ANNUAL COMPENSATION.—The

total annual compensation for any individual

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427 1

appointed under subsection (a) may not exceed

2

the highest total annual compensation payable

3

at the rate determined under section 104 of

4

title 3, United States Code.

5

(5) ADVERSE

ACTIONS.—An

individual ap-

6

pointed under subsection (a) may not be considered

7

to be an employee for purposes of subchapter II of

8

chapter 75 of title 5, United States Code.

9

(c) REQUIREMENTS.—

10

(1) IN

11

GENERAL.—The

Secretary shall ensure

that—

12

(A) the exercise of the authority granted

13

under subsection (a) is consistent with the

14

merit principles of section 2301 of title 5,

15

United States Code; and

16

(B) the Department notifies diverse profes-

17

sional associations and institutions of higher

18

education, including those serving the interests

19

of women and racial or ethnic minorities that

20

are underrepresented in scientific, engineering,

21

and mathematical fields, of position openings as

22

appropriate.

23

(2) REPORT.—Not later than 2 years after the

24

date of enactment of this Act, the Secretary and the

25

Director of the Office of Personnel Management

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428 1

shall submit to Congress a report on the use of the

2

authority provided under this section that includes,

3

at a minimum, a description or analysis of—

4

(A) the ability to attract exceptionally well

5

qualified scientists, engineers, and technical

6

personnel;

7

(B) the amount of total compensation paid

8

each employee hired under the authority each

9

calendar year; and

10

(C) whether additional safeguards or meas-

11

ures are necessary to carry out the authority

12

and, if so, what action, if any, has been taken

13

to implement the safeguards or measures.

14

(d) TERMINATION

OF

EFFECTIVENESS.—The au-

15 thority provided by this section terminates effective on the 16 date that is 4 years after the date of enactment of this 17 Act. 18

SEC. 314. Section 804 of Public Law 110–140 (42

19 U.S.C. 17283) is hereby repealed. 20

SEC. 315. Section 205 of Public Law 95–91 (42

21 U.S.C. 7135), as amended, is hereby further amended: 22

(1) in paragraph (i)(1) by striking ‘‘once every

23

two years’’ and inserting ‘‘once every four years’’;

24

and

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429 1

(2) in paragraph (k)(1) by striking ‘‘once every

2

three years’’ and inserting ‘‘once every four years’’.

3

SEC. 316. Notwithstanding any other provision of

4 law, the Department may use funds appropriated by this 5 title to carry out a study regarding the conversion to con6 tractor performance of any function performed by Federal 7 employees at the New Brunswick Laboratory, pursuant to 8 Office of Management and Budget Circular A–76 or any 9 other administrative regulation, directive, or policy. 10

SEC. 317. Of the amounts appropriated for non-de-

11 fense programs in this title, $7,000,000 are hereby re12 duced to reflect savings from limiting foreign travel for 13 contractors working for the Department of Energy, con14 sistent with similar savings achieved for Federal employ15 ees. The Department shall allocate the reduction among 16 the non-security appropriations made in this title. 17

SEC. 318. Section 15(g) of Public Law 85–536 (15

18 U.S.C. 644), as amended, is hereby further amended by 19 inserting the following at the end: ‘‘(3) First tier sub20 contracts that are awarded by Management and Operating 21 contractors sponsored by the Department of Energy to 22 small business concerns, small businesses concerns owned 23 and controlled by service disabled veterans, qualified 24 HUBZone small business concerns, small business con25 cerns owned and controlled by socially and economically

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430 1 disadvantaged individuals, and small business concerns 2 owned and controlled by women, shall be considered to3 ward the annually established agency and Government4 wide goals for procurement contracts awarded.’’. 5

SEC. 319. (a) ESTABLISHMENT.—The Secretary

6 shall establish an independent commission to be known as 7 the ‘‘Commission to Review the Effectiveness of the Na8 tional Energy Laboratories.’’ The National Energy Lab9 oratories refers to all Department of Energy and National 10 Nuclear Security Administration national laboratories. 11

(b) MEMBERS.—

12

(1) The Commission shall be composed of nine

13

members who shall be appointed by the Secretary of

14

Energy not later than May 1, 2014, from among

15

persons nominated by the President’s Council of Ad-

16

visors on Science and Technology.

17

(2) The President’s Council of Advisors on

18

Science and Technology shall, not later than March

19

15, 2014, nominate not less than 18 persons for ap-

20

pointment to the Commission from among persons

21

who meet qualification described in paragraph (3).

22

(3) Each person nominated for appointment to

23

the Commission shall—

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431 1

(A) be eminent in a field of science or en-

2

gineering; and/or

3

(B) have expertise in managing scientific

4

facilities; and/or

5

(C) have expertise in cost and/or program

6

analysis; and

7

(D) have an established record of distin-

8

guished service.

9

(4) The membership of the Commission shall be

10

representative of the broad range of scientific, engi-

11

neering, financial, and managerial disciplines related

12

to activities under this title.

13

(5) No person shall be nominated for appoint-

14

ment to the Board who is an employee of—

15

(A) the Department of Energy;

16

(B) a national laboratory or site under

17

contract with the Department of Energy;

18

(C) a managing entity or parent company

19

for a national laboratory or site under contract

20

with the Department of Energy; or

21

(D) an entity performing scientific and en-

22

gineering activities under contract with the De-

23

partment of Energy.

24 25

(c)

COMMISSION

REVIEW

AND

RECOMMENDA-

TIONS.—

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432 1

(1) The Commission shall, by no later than

2

February 1, 2015, transmit to the Secretary of En-

3

ergy and the Committees on Appropriations of the

4

House of Representatives and the Senate a report

5

containing the Commission’s findings and conclu-

6

sions.

7

(2) The Commission shall address whether the

8

Department of Energy’s national laboratories—

9

(A) are properly aligned with the Depart-

10

ment’s strategic priorities;

11

(B) have clear, well understood, and prop-

12

erly balanced missions that are not unneces-

13

sarily redundant and duplicative;

14

(C) have unique capabilities that have suf-

15

ficiently evolved to meet current and future en-

16

ergy and national security challenges;

17

(D) are appropriately sized to meet the

18

Department’s energy and national security mis-

19

sions; and

20

(E) are appropriately supporting other

21

Federal agencies and the extent to which it ben-

22

efits DOE missions.

23

(3) The Commission shall also determine

24

whether there are opportunities to more effectively

25

and efficiently use the capabilities of the national

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433 1

laboratories, including consolidation and realign-

2

ment, reducing overhead costs, reevaluating govern-

3

ance models using industrial and academic bench

4

marks for comparison, and assessing the impact of

5

DOE’s oversight and management approach. In its

6

evaluation, the Commission should also consider the

7

cost and effectiveness of using other research, devel-

8

opment, and technology centers and universities as

9

an alternative to meeting DOE’s energy and na-

10

tional security goals.

11

(4) The Commission shall analyze the effective-

12

ness of the use of laboratory directed research and

13

development (LDRD) to meet the Department of

14

Energy’s science, energy, and national security

15

goals. The Commission shall further evaluate the ef-

16

fectiveness of the Department’s oversight approach

17

to ensure LDRD-funded projects are compliant with

18

statutory requirements and congressional direction,

19

including requirements that LDRD projects be dis-

20

tinct from projects directly funded by appropriations

21

and that LDRD projects derived from the Depart-

22

ment’s national security programs support the na-

23

tional security mission of the Department of Energy.

24

Finally, the Commission shall quantify the extent to

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434 1

which LDRD funding supports recruiting and reten-

2

tion of qualified staff.

3

(5) The Commission’s charge may be modified

4

or expanded upon approval of the Committees on

5

Appropriations of the House of Representatives and

6

the Senate.

7

(d) RESPONSE

BY THE

SECRETARY

OF

ENERGY.—

8

(1) The Secretary of Energy shall, by no later

9

than April 1, 2015, transmit to Committees on Ap-

10

propriations of the House of Representatives and the

11

Senate a report containing the Secretary’s approval

12

or disapproval of the Commission’s recommendations

13

and an implementation plan for approved rec-

14

ommendations.

15

SEC. 320. The Committees on Appropriations of the

16 House of Representatives and the Senate shall receive a 17 30-day advance notification with a detailed explanation of 18 any waiver or adjustment made by the National Nuclear 19 Security Administration’s Fee Determining Official to at20 risk award fees for Management and Operating contrac21 tors that result in award term extensions. 22

SEC. 321. To further the research, development, and

23 demonstration of national nuclear security-related enrich24 ment technologies, the Secretary of Energy may transfer 25 up to $56,650,000 of funding made available in this title

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435 1 under the heading ‘‘National Nuclear Security Adminis2 tration’’ to ‘‘National Nuclear Security Administration, 3 Weapons Activities’’ not earlier than 30 days after the 4 Secretary provides to the Committees on Appropriations 5 of the House of Representatives and the Senate a cost6 benefit analysis of available and prospective domestic en7 richment technologies for national security needs, the 8 scope, schedule, and cost of his preferred option, and after 9 congressional notification and approval of the Committees 10 on Appropriations of the House of Representatives and the 11 Senate. 12

SEC. 322. None of the funds made available in this

13 Act may be used— 14

(1) to implement or enforce section 430.32(x)

15

of title 10, Code of Federal Regulations; or

16

(2) to implement or enforce the standards es-

17

tablished

18

325(i)(1)(B) of the Energy Policy and Conservation

19

Act (42 U.S.C. 6295(i)(1)(B)) with respect to

20

BPAR incandescent reflector lamps, BR incandes-

21

cent reflector lamps, and ER incandescent reflector

22

lamps.

by

the

tables

contained

in

section

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436 1

TITLE IV

2

INDEPENDENT AGENCIES

3

APPALACHIAN REGIONAL COMMISSION

4

For expenses necessary to carry out the programs au-

5 thorized by the Appalachian Regional Development Act of 6 1965, notwithstanding 40 U.S.C. 14704, and for nec7 essary expenses for the Federal Co-Chairman and the Al8 ternate on the Appalachian Regional Commission, for pay9 ment of the Federal share of the administrative expenses 10 of the Commission, including services as authorized by 5 11 U.S.C. 3109, and hire of passenger motor vehicles, 12 $80,317,000, to remain available until expended. 13

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14

SALARIES AND EXPENSES

15

For necessary expenses of the Defense Nuclear Fa-

16 cilities Safety Board in carrying out activities authorized 17 by the Atomic Energy Act of 1954, as amended by Public 18 Law 100–456, section 1441, $28,000,000, to remain 19 available until September 30, 2015. 20

DELTA REGIONAL AUTHORITY

21

SALARIES AND EXPENSES

22

For necessary expenses of the Delta Regional Author-

23 ity and to carry out its activities, as authorized by the 24 Delta Regional Authority Act of 2000, notwithstanding

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437 1 sections 382C(b)(2), 382F(d), 382M, and 382N of said 2 Act, $12,000,000, to remain available until expended. 3

DENALI COMMISSION

4

For expenses of the Denali Commission including the

5 purchase, construction, and acquisition of plant and cap6 ital

equipment

as

necessary

and

other

expenses,

7 $10,000,000, to remain available until expended, notwith8 standing the limitations contained in section 306(g) of the 9 Denali Commission Act of 1998: Provided, That funds 10 shall be available for construction projects in an amount 11 not to exceed 80 percent of total project cost for distressed 12 communities, as defined by section 307 of the Denali Com13 mission Act of 1998 (division C, title III, Public Law 105– 14 277), as amended by section 701 of appendix D, title VII, 15 Public Law 106–113 (113 Stat. 1501A–280), and an 16 amount not to exceed 50 percent for non-distressed com17 munities. 18

NORTHERN BORDER REGIONAL COMMISSION

19

For necessary expenses of the Northern Border Re-

20 gional Commission in carrying out activities authorized by 21 subtitle V of title 40, United States Code, $5,000,000, to 22 remain available until expended: Provided, That such 23 amounts shall be available for administrative expenses, 24 notwithstanding section 15751(b) of title 40, United 25 States Code.

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438 1

SOUTHEAST CRESCENT REGIONAL COMMISSION

2

For necessary expenses of the Southeast Crescent Re-

3 gional Commission in carrying out activities authorized by 4 subtitle V of title 40, United States Code, $250,000, to 5 remain available until expended. 6

NUCLEAR REGULATORY COMMISSION

7

SALARIES AND EXPENSES

8

For necessary expenses of the Commission in car-

9 rying out the purposes of the Energy Reorganization Act 10 of 1974 and the Atomic Energy Act of 1954, including 11 official representation expenses not to exceed $25,000, 12 $1,043,937,000, to remain available until expended: Pro13 vided, That of the amount appropriated herein, not more 14 than $9,500,000 may be made available for salaries, trav15 el, and other support costs for the Office of the Commis16 sion, to remain available until September 30, 2015, of 17 which, notwithstanding section 201(a)(2)(c) of the Energy 18 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 19 the use and expenditure shall only be approved by a major20 ity vote of the Commission: Provided further, That reve21 nues from licensing fees, inspection services, and other 22 services and collections estimated at $920,721,000 in fis23 cal year 2014 shall be retained and used for necessary 24 salaries and expenses in this account, notwithstanding 31 25 U.S.C. 3302, and shall remain available until expended:

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439 1 Provided further, That the sum herein appropriated shall 2 be reduced by the amount of revenues received during fis3 cal year 2014 so as to result in a final fiscal year 2014 4 appropriation estimated at not more than $123,216,000: 5 Provided further, That of the amounts appropriated under 6 this heading, $10,000,000 shall be for university research 7 and development in areas relevant to their respective orga8 nization’s mission, and $5,000,000 shall be for a Nuclear 9 Science and Engineering Grant Program that will support 10 multiyear projects that do not align with programmatic 11 missions but are critical to maintaining the discipline of 12 nuclear science and engineering. 13

OFFICE OF INSPECTOR GENERAL

14

For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector 16 General Act of 1978, $11,955,000, of which $850,000 17 shall be for Inspector General services for the Defense Nu18 clear Facilities Safety Board, to remain available until 19 September 30, 2015: Provided, That revenues from licens20 ing fees, inspection services, and other services and collec21 tions estimated at $9,994,000 in fiscal year 2014 shall 22 be retained and be available until September 30, 2015, 23 for necessary salaries and expenses in this account, not24 withstanding section 3302 of title 31, United States Code: 25 Provided further, That the sum herein appropriated shall

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440 1 be reduced by the amount of revenues received during fis2 cal year 2014 so as to result in a final fiscal year 2014 3 appropriation estimated at not more than $1,961,000. 4

NUCLEAR WASTE TECHNICAL REVIEW BOARD

5

SALARIES AND EXPENSES

6

For necessary expenses of the Nuclear Waste Tech-

7 nical Review Board, as authorized by Public Law 100– 8 203, section 5051, $3,400,000, to be derived from the Nu9 clear Waste Fund, to remain available until September 30, 10 2015. 11

OFFICE

12

OF THE

FEDERAL COORDINATOR

FOR

ALASKA

NATURAL GAS TRANSPORTATION PROJECTS

13

For necessary expenses for the Office of the Federal

14 Coordinator for Alaska Natural Gas Transportation 15 Projects pursuant to the Alaska Natural Gas Pipeline Act, 16 $1,000,000, to remain available until September 30, 2015: 17 Provided, That any fees, charges, or commissions received 18 pursuant to section 106(h) of the Alaska Natural Gas 19 Pipeline Act (15 U.S.C. 720d(h)) in fiscal year 2014 in 20 excess of $2,402,000 shall not be available for obligation 21 until appropriated in a subsequent Act of Congress. 22

GENERAL PROVISIONS—INDEPENDENT

23

AGENCIES

24

SEC. 401. Notwithstanding any other provision of

25 law, the Inspector General of the Nuclear Regulatory

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441 1 Commission is authorized in this and subsequent years to 2 exercise the same authorities with respect to the Defense 3 Nuclear Facilities Safety Board, as determined by the In4 spector General of the Nuclear Regulatory Commission, 5 as the Inspector General exercises under the Inspector 6 General Act of 1978 (5 U.S.C. App.) with respect to the 7 Nuclear Regulatory Commission. 8

SEC. 402. The Chairman of the Nuclear Regulatory

9 Commission shall notify the other members of the Com10 mission, the Committees on Appropriations of the House 11 of Representatives and the Senate, the Committee on En12 ergy and Commerce of the House of Representatives, and 13 the Committee on Environment and Public Works of the 14 Senate, not later than 1 day after the Chairman begins 15 performing functions under the authority of section 3 of 16 Reorganization Plan No. 1 of 1980, or after a member 17 of the Commission who was delegated emergency functions 18 under subsection (b) of that section begins performing 19 those functions. Such notification shall include an expla20 nation of the circumstances warranting the exercise of 21 such authority. The Chairman shall report to the Commit22 tees, not less frequently than once each week, on the ac23 tions taken by the Chairman, or a delegated member of 24 the Commission, under such authority, until the authority 25 is relinquished. The Chairman shall notify the Committees

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442 1 not later than 1 day after such authority is relinquished. 2 The Chairman shall submit the report required by section 3 3(d) of the Reorganization Plan No. 1 of 1980 to the 4 Committees not later than 1 day after it was submitted 5 to the Commission. 6

SEC. 403. The Nuclear Regulatory Commission shall

7 comply with the July 5, 2011, version of Chapter VI of 8 its Internal Commission Procedures when responding to 9 Congressional requests for information.

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443 1

TITLE V

2

GENERAL PROVISIONS

3

SEC. 501. None of the funds appropriated by this Act

4 may be used in any way, directly or indirectly, to influence 5 congressional action on any legislation or appropriation 6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 8 1913. 9

SEC. 502. None of the funds made available by this

10 Act may be used to enter into a contract, memorandum 11 of understanding, or cooperative agreement with, make a 12 grant to, or provide a loan or loan guarantee to any cor13 poration that was convicted of a felony criminal violation 14 under any Federal law within the preceding 24 months, 15 where the awarding agency is aware of the conviction, un16 less the agency has considered suspension or debarment 17 of the corporation and has made a determination that this 18 further action is not necessary to protect the interests of 19 the Government. 20

SEC. 503. None of the funds made available by this

21 Act may be used to enter into a contract, memorandum 22 of understanding, or cooperative agreement with, make a 23 grant to, or provide a loan or loan guarantee to, any cor24 poration that has any unpaid Federal tax liability that has 25 been assessed, for which all judicial and administrative

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444 1 remedies have been exhausted or have lapsed, and that 2 is not being paid in a timely manner pursuant to an agree3 ment with the authority responsible for collecting the tax 4 liability, where the awarding agency is aware of the unpaid 5 tax liability, unless the agency has considered suspension 6 or debarment of the corporation and has made a deter7 mination that this further action is not necessary to pro8 tect the interests of the Government. 9

SEC. 504. (a) None of the funds made available in

10 title III of this Act may be transferred to any department, 11 agency, or instrumentality of the United States Govern12 ment, except pursuant to a transfer made by or transfer 13 authority provided in this Act or any other appropriations 14 Act for any fiscal year, transfer authority referenced in 15 the explanatory statement described in section 4 (in the 16 matter preceding division A of this consolidated Act), or 17 any authority whereby a department, agency, or instru18 mentality of the United States Government may provide 19 goods or services to another department, agency, or in20 strumentality. 21

(b) None of the funds made available for any depart-

22 ment, agency, or instrumentality of the United States 23 Government may be transferred to accounts funded in title 24 III of this Act, except pursuant to a transfer made by or 25 transfer authority provided in this Act or any other appro-

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445 1 priations Act for any fiscal year, transfer authority ref2 erenced in the explanatory statement described in section 3 4 (in the matter preceding division A of this consolidated 4 Act), or any authority whereby a department, agency, or 5 instrumentality of the United States Government may 6 provide goods or services to another department, agency, 7 or instrumentality. 8

(c) The head of any relevant department or agency

9 funded in this Act utilizing any transfer authority shall 10 submit to the Committees on Appropriations of the House 11 of Representatives and the Senate a semiannual report de12 tailing the transfer authorities, except for any authority 13 whereby a department, agency, or instrumentality of the 14 United States Government may provide goods or services 15 to another department, agency, or instrumentality, used 16 in the previous 6 months and in the year-to-date. This 17 report shall include the amounts transferred and the pur18 poses for which they were transferred, and shall not re19 place or modify existing notification requirements for each 20 authority. 21

SEC. 505. None of the funds made available by this

22 Act may be used in contravention of Executive Order No. 23 12898 of February 11, 1994 (‘‘Federal Actions to Address 24 Environmental Justice in Minority Populations and Low25 Income Populations’’).

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446 1

This division may be cited as the ‘‘Energy and Water

2 Development and Related Agencies Appropriations Act, 3 2014’’.

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447 1 DIVISION E—FINANCIAL SERVICES AND 2

GENERAL GOVERNMENT APPROPRIA-

3

TIONS ACT, 2014

4

TITLE I

5

DEPARTMENT OF THE TREASURY

6

DEPARTMENTAL OFFICES

7

SALARIES AND EXPENSES

8

For necessary expenses of the Departmental Offices

9 including operation and maintenance of the Treasury 10 Building and Annex; hire of passenger motor vehicles; 11 maintenance, repairs, and improvements of, and purchase 12 of commercial insurance policies for, real properties leased 13 or owned overseas, when necessary for the performance 14 of official business, including for terrorism and financial 15 intelligence activities; executive direction program activi16 ties; international affairs and economic policy activities; 17 domestic finance and tax policy activities; and Treasury18 wide management policies and programs activities, 19 $312,400,000: Provided, That of the amount appropriated 20 under this heading— 21

(1) the following amounts shall be available as

22

provided:

23

(A) $102,000,000 for the Office of Ter-

24

rorism and Financial Intelligence, of which not

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448 1

to exceed $26,000,000 is available for adminis-

2

trative expenses;

3

(B) not to exceed $350,000 for official re-

4

ception and representation expenses;

5

(C) not to exceed $258,000 for unforeseen

6

emergencies of a confidential nature to be allo-

7

cated and expended under the direction of the

8

Secretary of the Treasury and to be accounted

9

for solely on the Secretary’s certificate; and

10

(D) notwithstanding any other provision of

11

law, up to $1,000,000 may be contributed to

12

the Organization for Economic Cooperation and

13

Development for the Department’s participation

14

in programs related to global tax administra-

15

tion;

16

(2) $19,187,000 shall remain available until

17

September 30, 2015, of which $8,287,000 is avail-

18

able for the Treasury-wide Financial Statement

19

Audit and Internal Control Program; $3,000,000 is

20

for information technology modernization require-

21

ments; $500,000 is for secure space requirements;

22

and $7,400,000 is for audit, oversight, and adminis-

23

tration of the Gulf Coast Restoration Trust Fund;

24

and

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449 1

(3) up to $3,400,000 shall remain available

2

until September 30, 2016, to develop and implement

3

programs within the Office of Critical Infrastructure

4

Protection and Compliance Policy, including enter-

5

ing into cooperative agreements.

6

DEPARTMENT-WIDE SYSTEMS AND CAPITAL

7

INVESTMENTS PROGRAMS

8

(INCLUDING TRANSFER OF FUNDS)

9

For development and acquisition of automatic data

10 processing equipment, software, and services and for re11 pairs and renovations to buildings owned by the Depart12 ment of the Treasury, $2,725,000, to remain available 13 until September 30, 2016: Provided, That these funds 14 shall be transferred to accounts and in amounts as nec15 essary to satisfy the requirements of the Department’s of16 fices, bureaus, and other organizations: Provided further, 17 That this transfer authority shall be in addition to any 18 other transfer authority provided in this Act: Provided fur19 ther, That none of the funds appropriated under this head20 ing shall be used to support or supplement ‘‘Internal Rev21 enue Service, Operations Support’’ or ‘‘Internal Revenue 22 Service, Business Systems Modernization’’.

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450 1

OFFICE OF INSPECTOR GENERAL

2

SALARIES AND EXPENSES

3

For necessary expenses of the Office of Inspector

4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $34,800,000, including hire of pas6 senger motor vehicles; of which not to exceed $100,000 7 shall be available for unforeseen emergencies of a con8 fidential nature, to be allocated and expended under the 9 direction of the Inspector General of the Treasury; of 10 which not to exceed $2,500 shall be available for official 11 reception and representation expenses; and of which 12 $2,800,000 shall be for audits and investigations con13 ducted pursuant to section 1608 of the Resources and 14 Ecosystems Sustainability, Tourist Opportunities, and Re15 vived Economies of the Gulf Coast States Act of 2012 (33 16 U.S.C. 1321 note). 17

TREASURY INSPECTOR GENERAL FOR TAX

18

ADMINISTRATION

19

SALARIES AND EXPENSES

20

For necessary expenses of the Treasury Inspector

21 General for Tax Administration in carrying out the In22 spector General Act of 1978, as amended, including pur23 chase (not to exceed 150 for replacement only for police24 type use) and hire of passenger motor vehicles (31 U.S.C. 25 1343(b)); and services authorized by 5 U.S.C. 3109, at

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451 1 such rates as may be determined by the Inspector General 2 for

Tax

Administration;

$156,375,000,

of

which

3 $5,000,000 shall remain available until September 30, 4 2015; of which not to exceed $6,000,000 shall be available 5 for official travel expenses; of which not to exceed 6 $500,000 shall be available for unforeseen emergencies of 7 a confidential nature, to be allocated and expended under 8 the direction of the Inspector General for Tax Administra9 tion; and of which not to exceed $1,500 shall be available 10 for official reception and representation expenses. 11

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

12

ASSET RELIEF PROGRAM

13

SALARIES AND EXPENSES

14

For necessary expenses of the Office of the Special

15 Inspector General in carrying out the provisions of the 16 Emergency Economic Stabilization Act of 2008 (Public 17 Law 110–343), $34,923,000. 18

FINANCIAL CRIMES ENFORCEMENT NETWORK

19

SALARIES AND EXPENSES

20

For necessary expenses of the Financial Crimes En-

21 forcement Network, including hire of passenger motor ve22 hicles; travel and training expenses of non-Federal and 23 foreign government personnel to attend meetings and 24 training concerned with domestic and foreign financial in25 telligence activities, law enforcement, and financial regula-

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452 1 tion; services authorized by 5 U.S.C. 3109; not to exceed 2 $14,000 for official reception and representation expenses; 3 and for assistance to Federal law enforcement agencies, 4 with or without reimbursement, $112,000,000, of which 5 not to exceed $34,335,000 shall remain available until 6 September 30, 2016. 7

TREASURY FORFEITURE FUND

8

(RESCISSION)

9

Of the unobligated balances available under this

10 heading, $736,000,000 are rescinded. 11

BUREAU

12

OF THE

FISCAL SERVICE

SALARIES AND EXPENSES

13

For necessary expenses of operations of the Bureau

14 of the Fiscal Service, $360,165,000; of which not to ex15 ceed $4,210,000, to remain available until September 30, 16 2016, is for information systems modernization initiatives; 17 of which $8,740,000 shall remain available until Sep18 tember 30, 2016 for expenses related to the consolidation 19 of the Financial Management Service and the Bureau of 20 the Public Debt; and of which $5,000 shall be available 21 for official reception and representation expenses. In addi22 tion, $165,000, to be derived from the Oil Spill Liability 23 Trust Fund to reimburse administrative and personnel ex24 penses for financial management of the Fund, as author25 ized by section 1012 of Public Law 101–380.

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453 1

ALCOHOL

2

AND

TOBACCO TAX

AND

TRADE BUREAU

SALARIES AND EXPENSES

3

For necessary expenses of carrying out section 1111

4 of the Homeland Security Act of 2002, including hire of 5 passenger motor vehicles, $99,000,000; of which not to ex6 ceed $6,000 for official reception and representation ex7 penses; not to exceed $50,000 for cooperative research and 8 development programs for laboratory services; and provi9 sion of laboratory assistance to State and local agencies 10 with or without reimbursement: Provided, That of the 11 amount appropriated under this heading, $2,000,000 shall 12 be for the costs of criminal enforcement activities and spe13 cial law enforcement agents for targeting tobacco smug14 gling and other criminal diversion activities. 15

UNITED STATES MINT

16

UNITED STATES MINT PUBLIC ENTERPRISE FUND

17

Pursuant to section 5136 of title 31, United States

18 Code, the United States Mint is provided funding through 19 the United States Mint Public Enterprise Fund for costs 20 associated with the production of circulating coins, numis21 matic coins, and protective services, including both oper22 ating expenses and capital investments: Provided, That 23 the aggregate amount of new liabilities and obligations in24 curred during fiscal year 2014 under such section 5136 25 for circulating coinage and protective service capital in-

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454 1 vestments of the United States Mint shall not exceed 2 $19,000,000. 3

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

4

FUND PROGRAM ACCOUNT

5

To carry out the Riegle Community Development and

6 Regulatory Improvements Act of 1994 (subtitle A of title 7 I of Public Law 103–325), including services authorized 8 by 5 U.S.C. 3109, but at rates for individuals not to ex9 ceed the per diem rate equivalent to the rate for EX–3, 10 $226,000,000, to remain available until September 30, 11 2015; of which $15,000,000 shall be for financial assist12 ance, technical assistance, training and outreach pro13 grams, designed to benefit Native American, Native Ha14 waiian, and Alaskan Native communities and provided pri15 marily through qualified community development lender 16 organizations with experience and expertise in community 17 development banking and lending in Indian country, Na18 tive American organizations, tribes and tribal organiza19 tions and other suitable providers; of which, notwith20 standing sections 4707(d) and 4707(e) of title 12, United 21 States Code, up to $22,000,000 shall be for a Healthy 22 Food Financing Initiative to provide financial assistance, 23 technical assistance, training, and outreach to community 24 development financial institutions for the purpose of offer25 ing affordable financing and technical assistance to ex-

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455 1 pand the availability of healthy food options in distressed 2 communities; of which $18,000,000 shall be for the Bank 3 Enterprise Award program; of which up to $24,636,000 4 may be used for administrative expenses, including admin5 istration of the New Markets Tax Credit Program and the 6 CDFI Bond Guarantee Program, $1,000,000 for capacity 7 building to expand CDFI investments in underserved 8 areas, and up to $300,000 for the direct loan program; 9 and of which up to $2,222,500 may be used for the cost 10 of direct loans: Provided, That the cost of direct loans, 11 including the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 13 1974: Provided further, That these funds are available to 14 subsidize gross obligations for the principal amount of di15 rect loans not to exceed $25,000,000: Provided further, 16 That during fiscal year 2014, commitments to guarantee 17 bonds and notes under section 114A of the Riegle Commu18 nity Development and Regulatory Improvement Act of 19 1994 (12 U.S.C. 4701 et seq.) shall not exceed 20 $750,000,000: Provided further, That no funds shall be 21 available for the cost, if any, of bonds and notes guaran22 teed under such section, as defined in section 502 of the 23 Congressional Budget Act of 1974.

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456 1

INTERNAL REVENUE SERVICE

2

TAXPAYER SERVICES

3

For necessary expenses of the Internal Revenue Serv-

4 ice to provide taxpayer services, including pre-filing assist5 ance and education, filing and account services, taxpayer 6 advocacy services, and other services as authorized by 5 7 U.S.C. 3109, at such rates as may be determined by the 8 Commissioner, $2,122,554,000, of which not less than 9 $5,600,000 shall be for the Tax Counseling for the Elderly 10 Program, of which not less than $10,000,000 shall be 11 available for low-income taxpayer clinic grants, of which 12 not less than $12,000,000, to remain available until Sep13 tember 30, 2015, shall be available for a Community Vol14 unteer Income Tax Assistance matching grants program 15 for tax return preparation assistance, of which not less 16 than $203,000,000 shall be available for operating ex17 penses of the Taxpayer Advocate Service: Provided, That 18 of the amounts made available for the Taxpayer Advocate 19 Service, not less than $5,000,000 shall be for identity 20 theft casework. 21

ENFORCEMENT

22

For necessary expenses for tax enforcement activities

23 of the Internal Revenue Service to determine and collect 24 owed taxes, to provide legal and litigation support, to con25 duct criminal investigations, to enforce criminal statutes

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457 1 related to violations of internal revenue laws and other fi2 nancial crimes, to purchase (for police-type use, not to ex3 ceed 850) and hire passenger motor vehicles (31 U.S.C. 4 1343(b)), and to provide other services as authorized by 5 5 U.S.C. 3109, at such rates as may be determined by 6 the Commissioner, $5,022,178,000, of which not less than 7 $200,000 shall be for intensive training of employees in 8 the Exempt Organizations Unit and of which not less than 9 $60,257,000 shall be for the Interagency Crime and Drug 10 Enforcement program. 11

OPERATIONS SUPPORT

12

For necessary expenses of the Internal Revenue Serv-

13 ice to support taxpayer services and enforcement pro14 grams, including rent payments; facilities services; print15 ing; postage; physical security; headquarters and other 16 IRS-wide administration activities; research and statistics 17 of income; telecommunications; information technology de18 velopment, enhancement, operations, maintenance, and se19 curity; the hire of passenger motor vehicles (31 U.S.C. 20 1343(b)); and other services as authorized by 5 U.S.C. 21 3109, at such rates as may be determined by the Commis22 sioner;

$3,740,942,000,

of

which

not

to

exceed

23 $250,000,000 shall remain available until September 30, 24 2015, for information technology support; of which not to 25 exceed $65,000,000 shall remain available until expended

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458 1 for acquisition of equipment and construction, repair and 2 renovation of facilities; of which not to exceed $1,000,000 3 shall remain available until September 30, 2016, for re4 search; of which not less than $2,000,000 shall be for the 5 Internal Revenue Service Oversight Board; of which not 6 to exceed $25,000 shall be for official reception and rep7 resentation expenses: Provided, That not later than 30 8 days after the end of each quarter, the Internal Revenue 9 Service shall submit a report to the House and Senate 10 Committees on Appropriations and the Comptroller Gen11 eral of the United States detailing the cost and schedule 12 performance for its major information technology invest13 ments, including the purpose and life-cycle stages of the 14 investments; the reasons for any cost and schedule 15 variances; the risks of such investments and strategies the 16 Internal Revenue Service is using to mitigate such risks; 17 and the expected developmental milestones to be achieved 18 and costs to be incurred in the next quarter: Provided fur19 ther, That the Internal Revenue Service shall include, in 20 its budget justification for fiscal year 2015, a summary 21 of cost and schedule performance information for its major 22 information technology systems. 23

BUSINESS SYSTEMS MODERNIZATION

24

For necessary expenses of the Internal Revenue Serv-

25 ice’s

business

systems

modernization

program,

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459 1 $312,938,000, to remain available until September 30, 2 2016, for the capital asset acquisition of information tech3 nology systems, including management and related con4 tractual costs of said acquisitions, including related Inter5 nal Revenue Service labor costs, and contractual costs as6 sociated with operations authorized by 5 U.S.C. 3109: 7 Provided, That not later than 30 days after the end of 8 each quarter, the Internal Revenue Service shall submit 9 a report to the House and Senate Committees on Appro10 priations and the Comptroller General of the United 11 States detailing the cost and schedule performance for 12 CADE2 and Modernized e-File information technology in13 vestments, including the purposes and life-cycle stages of 14 the investments; the reasons for any cost and schedule 15 variances; the risks of such investments and the strategies 16 the Internal Revenue Service is using to mitigate such 17 risks; and the expected developmental milestones to be 18 achieved and costs to be incurred in the next quarter. 19

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

20

SERVICE

21

(INCLUDING TRANSFER OF FUNDS)

22

SEC. 101. Not to exceed 5 percent of any appropria-

23 tion made available in this Act to the Internal Revenue 24 Service or not to exceed 3 percent of appropriations under 25 the heading ‘‘Enforcement’’ may be transferred to any

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460 1 other Internal Revenue Service appropriation upon the ad2 vance approval of the Committees on Appropriations. 3

SEC. 102. The Internal Revenue Service shall main-

4 tain an employee training program, which shall include the 5 following topics: taxpayers’ rights, dealing courteously 6 with taxpayers, cross-cultural relations, ethics, and the im7 partial application of tax law. 8

SEC. 103. The Internal Revenue Service shall insti-

9 tute and enforce policies and procedures that will safe10 guard the confidentiality of taxpayer information and pro11 tect taxpayers against identity theft. 12

SEC. 104. Funds made available by this or any other

13 Act to the Internal Revenue Service shall be available for 14 improved facilities and increased staffing to provide suffi15 cient and effective 1–800 help line service for taxpayers. 16 The Commissioner shall continue to make improvements 17 to the Internal Revenue Service 1–800 help line service 18 a priority and allocate resources necessary to enhance the 19 response time to taxpayer communications, particularly 20 with regard to victims of tax-related crimes. 21

SEC. 105. None of funds made available to the Inter-

22 nal Revenue Service by this Act may be used to make a 23 video unless the Service-Wide Video Editorial Board deter24 mines in advance that making the video is appropriate,

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461 1 taking into account the cost, topic, tone, and purpose of 2 the video. 3

SEC. 106. The Internal Revenue Service shall issue

4 a notice of confirmation of any address change relating 5 to an employer making employment tax payments, and 6 such notice shall be sent to both the employer’s former 7 and new address and an officer or employee of the Internal 8 Revenue Service shall give special consideration to an 9 offer-in-compromise from a taxpayer who has been the vic10 tim of fraud by a third party payroll tax preparer. 11

SEC. 107. None of the funds made available under

12 this Act may be used by the Internal Revenue Service to 13 target citizens of the United States for exercising any 14 right guaranteed under the First Amendment to the Con15 stitution of the United States. 16

SEC. 108. None of the funds made available in this

17 Act may be used by the Internal Revenue Service to target 18 groups for regulatory scrutiny based on their ideological 19 beliefs. 20

SEC. 109. In addition to the amounts otherwise made

21 available in this Act for the Internal Revenue Service, 22 $92,000,000, to be available until September 30, 2015, 23 shall be transferred by the Commissioner to the ‘‘Tax24 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 25 accounts of the Internal Revenue Service for an additional

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462 1 amount to be used solely to improve the delivery of serv2 ices to taxpayers, to improve the identification and preven3 tion of refund fraud and identity theft, and to address 4 international and offshore compliance issues: Provided, 5 That such funds shall supplement, not supplant any other 6 amounts made available by the Internal Revenue Service 7 for such purpose: Provided further, That such funds shall 8 not be available until the Commissioner submits to the 9 Committees on Appropriations of the House of Represent10 atives and the Senate a spending plan for such funds: Pro11 vided further, That such funds shall not be used to support 12 any provision of Public Law 111–148, Public Law 111– 13 152, or any amendment made by either such Public Law. 14

ADMINISTRATIVE PROVISIONS—DEPARTMENT

15

TREASURY

16

(INCLUDING TRANSFERS OF FUNDS)

17

OF THE

SEC. 110. Appropriations to the Department of the

18 Treasury in this Act shall be available for uniforms or al19 lowances therefor, as authorized by law (5 U.S.C. 5901), 20 including maintenance, repairs, and cleaning; purchase of 21 insurance for official motor vehicles operated in foreign 22 countries; purchase of motor vehicles without regard to the 23 general purchase price limitations for vehicles purchased 24 and used overseas for the current fiscal year; entering into 25 contracts with the Department of State for the furnishing

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463 1 of health and medical services to employees and their de2 pendents serving in foreign countries; and services author3 ized by 5 U.S.C. 3109. 4

SEC. 111. Not to exceed 2 percent of any appropria-

5 tions in this title made available under the headings ‘‘De6 partmental Offices—Salaries and Expenses’’, ‘‘Office of 7 Inspector General’’, ‘‘Special Inspector General for the 8 Troubled Asset Relief Program’’, ‘‘Financial Crimes En9 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and 10 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be 11 transferred between such appropriations upon the advance 12 approval of the Committees on Appropriations of the 13 House of Representatives and the Senate: Provided, That 14 no transfer under this section may increase or decrease 15 any such appropriation by more than 2 percent. 16

SEC. 112. Not to exceed 2 percent of any appropria-

17 tion made available in this Act to the Internal Revenue 18 Service may be transferred to the Treasury Inspector Gen19 eral for Tax Administration’s appropriation upon the ad20 vance approval of the Committees on Appropriations of 21 the House of Representatives and the Senate: Provided, 22 That no transfer may increase or decrease any such appro23 priation by more than 2 percent. 24

SEC. 113. None of the funds appropriated in this Act

25 or otherwise available to the Department of the Treasury

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464 1 or the Bureau of Engraving and Printing may be used 2 to redesign the $1 Federal Reserve note. 3

SEC. 114. The Secretary of the Treasury may trans-

4 fer funds from the Bureau of the Fiscal Service, Salaries 5 and Expenses to the Debt Collection Fund as necessary 6 to cover the costs of debt collection: Provided, That such 7 amounts shall be reimbursed to such salaries and expenses 8 account from debt collections received in the Debt Collec9 tion Fund. 10

SEC. 115. None of the funds appropriated or other-

11 wise made available by this or any other Act may be used 12 by the United States Mint to construct or operate any mu13 seum without the explicit approval of the Committees on 14 Appropriations of the House of Representatives and the 15 Senate, the House Committee on Financial Services, and 16 the Senate Committee on Banking, Housing, and Urban 17 Affairs. 18

SEC. 116. None of the funds appropriated or other-

19 wise made available by this or any other Act or source 20 to the Department of the Treasury, the Bureau of Engrav21 ing and Printing, and the United States Mint, individually 22 or collectively, may be used to consolidate any or all func23 tions of the Bureau of Engraving and Printing and the 24 United States Mint without the explicit approval of the 25 House Committee on Financial Services; the Senate Com-

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465 1 mittee on Banking, Housing, and Urban Affairs; and the 2 Committees on Appropriations of the House of Represent3 atives and the Senate. 4

SEC. 117. Funds appropriated by this Act, or made

5 available by the transfer of funds in this Act, for the De6 partment of the Treasury’s intelligence or intelligence re7 lated activities are deemed to be specifically authorized by 8 the Congress for purposes of section 504 of the National 9 Security Act of 1947 (50 U.S.C. 414) during fiscal year 10 2014 until the enactment of the Intelligence Authorization 11 Act for Fiscal Year 2014. 12

SEC. 118. Not to exceed $5,000 shall be made avail-

13 able from the Bureau of Engraving and Printing’s Indus14 trial Revolving Fund for necessary official reception and 15 representation expenses. 16

SEC. 119. The Secretary of the Treasury shall submit

17 a Capital Investment Plan to the Committees on Appro18 priations of the Senate and the House of Representatives 19 not later than 30 days following the submission of the an20 nual budget submitted by the President: Provided, That 21 such Capital Investment Plan shall include capital invest22 ment spending from all accounts within the Department 23 of the Treasury, including but not limited to the Depart24 ment-wide Systems and Capital Investment Programs ac25 count, the Working Capital Fund account, and the Treas-

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466 1 ury Forfeiture Fund account: Provided further, That such 2 Capital Investment Plan shall include expenditures occur3 ring in previous fiscal years for each capital investment 4 project that has not been fully completed. 5

SEC. 120. (a) Not later than 2 weeks after the end

6 of each quarter, the Office of Financial Stability and the 7 Office of Financial Research shall submit reports on their 8 activities to the House and the Senate Committees on Ap9 propriations, the Committee on Financial Services of the 10 House of Representatives and the Senate Committee on 11 Banking, Housing, and Urban Affairs. 12

(b) The reports required under subsection (a) shall

13 include— 14

(1) the obligations made during the previous

15

quarter by object class, office, and activity;

16

(2) the estimated obligations for the remainder

17

of the fiscal year by object class, office, and activity;

18

(3) the number of full-time equivalents within

19

each office during the previous quarter;

20

(4) the estimated number of full-time equiva-

21

lents within each office for the remainder of the fis-

22

cal year; and

23

(5) actions taken to achieve the goals, objec-

24

tives, and performance measures of each office.

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467 1

(c) At the request of any such Committees specified

2 in subsection (a), the Office of Financial Stability and the 3 Office of Financial Research shall make officials available 4 to testify on the contents of the reports required under 5 subsection (a). 6

SEC. 121. Within 45 days after the date of enactment

7 of this Act, the Secretary of the Treasury shall submit 8 an itemized report to the Committees on Appropriations 9 of the House of Representatives and the Senate on the 10 amount of total funds charged to each office by the Work11 ing Capital Fund including the amount charged for each 12 service provided by the Working Capital Fund to each of13 fice and a detailed explanation of how each charge for each 14 service is calculated. 15

This title may be cited as the ‘‘Department of the

16 Treasury Appropriations Act, 2014’’.

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468 1

TITLE II

2

EXECUTIVE OFFICE OF THE PRESIDENT AND

3

FUNDS APPROPRIATED TO THE PRESIDENT

4

THE WHITE HOUSE

5

SALARIES AND EXPENSES

6

For necessary expenses for the White House as au-

7 thorized by law, including not to exceed $3,850,000 for 8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 9 subsistence expenses as authorized by 3 U.S.C. 105, which 10 shall be expended and accounted for as provided in that 11 section; hire of passenger motor vehicles, and travel (not 12 to exceed $100,000 to be expended and accounted for as 13 provided by 3 U.S.C. 103); and not to exceed $19,000 for 14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy 17 Development, including services as authorized by 5 U.S.C. 18 3109 and 3 U.S.C. 107, $55,000,000. 19

EXECUTIVE RESIDENCE

20

AT THE

WHITE HOUSE

OPERATING EXPENSES

21

For necessary expenses of the Executive Residence

22 at the White House, $12,700,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and 24 112–114.

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469 1

REIMBURSABLE EXPENSES

2

For the reimbursable expenses of the Executive Resi-

3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses 5 of the Executive Residence shall be made in accordance 6 with the provisions of this paragraph: Provided further, 7 That, notwithstanding any other provision of law, such 8 amount for reimbursable operating expenses shall be the 9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence 12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments 15 shall be credited to this account and remain available until 16 expended: Provided further, That the Executive Residence 17 shall require the national committee of the political party 18 of the President to maintain on deposit $25,000, to be 19 separately accounted for and available for expenses relat20 ing to reimbursable political events sponsored by such 21 committee during such fiscal year: Provided further, That 22 the Executive Residence shall ensure that a written notice 23 of any amount owed for a reimbursable operating expense 24 under this paragraph is submitted to the person owing 25 such amount within 60 days after such expense is in-

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470 1 curred, and that such amount is collected within 30 days 2 after the submission of such notice: Provided further, That 3 the Executive Residence shall charge interest and assess 4 penalties and other charges on any such amount that is 5 not reimbursed within such 30 days, in accordance with 6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under 8 31 U.S.C. 3717: Provided further, That each such amount 9 that is reimbursed, and any accompanying interest and 10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of 14 the fiscal year covered by this Act, a report setting forth 15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total 17 amount of such expenses, the amount of such total that 18 consists of reimbursable official and ceremonial events, the 19 amount of such total that consists of reimbursable political 20 events, and the portion of each such amount that has been 21 reimbursed as of the date of the report: Provided further, 22 That the Executive Residence shall maintain a system for 23 the tracking of expenses related to reimbursable events 24 within the Executive Residence that includes a standard 25 for the classification of any such expense as political or

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471 1 nonpolitical: Provided further, That no provision of this 2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States 5 Code. 6

WHITE HOUSE REPAIR

7

AND

RESTORATION

For the repair, alteration, and improvement of the

8 Executive Residence at the White House, $750,000, to re9 main available until expended, for required maintenance, 10 resolution of safety and health issues, and continued pre11 ventative maintenance. 12

COUNCIL

13

OF

ECONOMIC ADVISERS

SALARIES AND EXPENSES

14

For necessary expenses of the Council of Economic

15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,184,000. 17

NATIONAL SECURITY COUNCIL

AND

HOMELAND

18

SECURITY COUNCIL

19

SALARIES AND EXPENSES

20

For necessary expenses of the National Security

21 Council and the Homeland Security Council, including 22 services as authorized by 5 U.S.C. 3109, $12,600,000.

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472 1

OFFICE

2

OF

ADMINISTRATION

SALARIES AND EXPENSES

3

For necessary expenses of the Office of Administra-

4 tion, including services as authorized by 5 U.S.C. 3109 5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 6 $112,726,000, of which not to exceed $12,006,000 shall 7 remain available until expended for continued moderniza8 tion of the information technology infrastructure within 9 the Executive Office of the President. 10

OFFICE

11

OF

MANAGEMENT

AND

BUDGET

SALARIES AND EXPENSES

12

For necessary expenses of the Office of Management

13 and Budget, including hire of passenger motor vehicles 14 and services as authorized by 5 U.S.C. 3109, to carry out 15 the provisions of chapter 35 of title 44, United States 16 Code, and to prepare and submit the budget of the United 17 States Government, in accordance with section 1105(a) of 18 title 31, United States Code, $89,300,000, of which not 19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations 24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further,

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473 1 That none of the funds made available for the Office of 2 Management and Budget by this Act may be expended for 3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 7 That none of the funds provided in this or prior Acts shall 8 be used, directly or indirectly, by the Office of Manage9 ment and Budget, for evaluating or determining if water 10 resource project or study reports submitted by the Chief 11 of Engineers acting through the Secretary of the Army 12 are in compliance with all applicable laws, regulations, and 13 requirements relevant to the Civil Works water resource 14 planning process: Provided further, That the Office of 15 Management and Budget shall have not more than 60 16 days in which to perform budgetary policy reviews of water 17 resource matters on which the Chief of Engineers has re18 ported: Provided further, That the Director of the Office 19 of Management and Budget shall notify the appropriate 20 authorizing and appropriating committees when the 6021 day review is initiated: Provided further, That if water re22 source reports have not been transmitted to the appro23 priate authorizing and appropriating committees within 24 15 days after the end of the Office of Management and 25 Budget review period based on the notification from the

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474 1 Director, Congress shall assume Office of Management 2 and Budget concurrence with the report and act accord3 ingly. 4

OFFICE

5

OF

NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

6

For necessary expenses of the Office of National

7 Drug Control Policy; for research activities pursuant to 8 the Office of National Drug Control Policy Reauthoriza9 tion Act of 2006 (Public Law 109–469); not to exceed 10 $10,000 for official reception and representation expenses; 11 and for participation in joint projects or in the provision 12 of services on matters of mutual interest with nonprofit, 13 research, or public organizations or agencies, with or with14 out reimbursement, $22,750,000: Provided, That the Of15 fice is authorized to accept, hold, administer, and utilize 16 gifts, both real and personal, public and private, without 17 fiscal year limitation, for the purpose of aiding or facili18 tating the work of the Office. 19

FEDERAL DRUG CONTROL PROGRAMS

20

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

21

(INCLUDING TRANSFERS OF FUNDS)

22

For necessary expenses of the Office of National

23 Drug Control Policy’s High Intensity Drug Trafficking 24 Areas Program, $238,522,000, to remain available until 25 September 30, 2015, for drug control activities consistent

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475 1 with the approved strategy for each of the designated 2 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 3 which not less than 51 percent shall be transferred to 4 State and local entities for drug control activities and shall 5 be obligated not later than 120 days after enactment of 6 this Act: Provided, That up to 49 percent may be trans7 ferred to Federal agencies and departments in amounts 8 determined by the Director of the Office of National Drug 9 Control Policy, of which up to $2,700,000 may be used 10 for auditing services and associated activities: Provided 11 further, That, notwithstanding the requirements of Public 12 Law 106–58, any unexpended funds obligated prior to fis13 cal year 2012 may be used for any other approved activi14 ties of that HIDTA, subject to reprogramming require15 ments: Provided further, That each HIDTA designated as 16 of September 30, 2013, shall be funded at not less than 17 the fiscal year 2013 base level, unless the Director submits 18 to the Committees on Appropriations of the House of Rep19 resentatives and the Senate justification for changes to 20 those levels based on clearly articulated priorities and pub21 lished Office of National Drug Control Policy performance 22 measures of effectiveness: Provided further, That the Di23 rector shall notify the Committees on Appropriations of 24 the initial allocation of fiscal year 2014 funding among 25 HIDTAs not later than 45 days after enactment of this

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476 1 Act, and shall notify the Committees of planned uses of 2 discretionary HIDTA funding, as determined in consulta3 tion with the HIDTA Directors, not later than 90 days 4 after enactment of this Act. 5

OTHER FEDERAL DRUG CONTROL PROGRAMS

6

(INCLUDING TRANSFERS OF FUNDS)

7

For other drug control activities authorized by the

8 Office of National Drug Control Policy Reauthorization 9 Act of 2006 (Public Law 109–469), $105,394,000, to re10 main available until expended, which shall be available as 11 follows: $92,000,000 for the Drug-Free Communities Pro12 gram, of which $2,000,000 shall be made available as di13 rected by section 4 of Public Law 107–82, as amended 14 by Public Law 109–469 (21 U.S.C. 1521 note); 15 $1,400,000 for drug court training and technical assist16 ance; $8,750,000 for anti-doping activities; $1,994,000 for 17 the United States membership dues to the World Anti18 Doping Agency; and $1,250,000 shall be made available 19 as directed by section 1105 of Public Law 109–469: Pro20 vided, That amounts made available under this heading 21 may be transferred to other Federal departments and 22 agencies to carry out such activities.

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477 1

INFORMATION TECHNOLOGY OVERSIGHT

2

AND

REFORM

(INCLUDING TRANSFER OF FUNDS)

3

For necessary expenses for the furtherance of inte-

4 grated, efficient, secure, and effective uses of information 5 technology in the Federal Government, $8,000,000, to re6 main available until expended: Provided, That the Director 7 of the Office of Management and Budget may transfer 8 these funds to one or more other agencies to carry out 9 projects to meet these purposes: Provided further, That 10 the Director of the Office of Management and Budget 11 shall submit quarterly reports not later than 45 days after 12 the end of each quarter to the Committees on Appropria13 tions of the House of Representatives and the Senate and 14 the Government Accountability Office identifying the sav15 ings achieved by the Office of Management and Budget’s 16 government-wide information technology reform efforts: 17 Provided further, That such reports shall include savings 18 identified by fiscal year, agency, and appropriation. 19

UNANTICIPATED NEEDS

20

For expenses necessary to enable the President to

21 meet unanticipated needs, in furtherance of the national 22 interest, security, or defense which may arise at home or 23 abroad during the current fiscal year, as authorized by 24 3 U.S.C. 108, $800,000, to remain available until Sep25 tember 30, 2015.

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478 1

DATA-DRIVEN INNOVATION

2

(INCLUDING TRANSFER OF FUNDS)

3

For necessary expenses to improve the use of data

4 and evidence to improve government effectiveness and effi5 ciency, $2,000,000, to remain available until expended, for 6 projects that enable Federal agencies to increase the use 7 of evidence and innovation in order to improve program 8 results and cost-effectiveness by utilizing rigorous evalua9 tion and other evidence-based tools: Provided, That the 10 Director of the Office of Management and Budget shall 11 transfer these funds to one or more other agencies to carry 12 out projects to meet these purposes and to conduct or pro13 vide for evaluation of such projects: Provided further, That 14 the Office of Management and Budget shall submit a 15 progress report to the Committees on Appropriations of 16 the House of Representatives and the Senate and the Gov17 ernment Accountability Office not later than March 31, 18 2014 and semiannually thereafter until the program is 19 completed, including detailed information on goals, objec20 tives, performance measures, and evaluations of the pro21 gram in general and of each specific project. 22

SPECIAL ASSISTANCE

23

TO THE

PRESIDENT

SALARIES AND EXPENSES

24

For necessary expenses to enable the Vice President

25 to provide assistance to the President in connection with

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479 1 specially assigned functions; services as authorized by 5 2 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex3 penses as authorized by 3 U.S.C. 106, which shall be ex4 pended and accounted for as provided in that section; and 5 hire of passenger motor vehicles, $4,319,000. 6

OFFICIAL RESIDENCE

OF THE

VICE PRESIDENT

7

OPERATING EXPENSES

8

(INCLUDING TRANSFER OF FUNDS)

9

For the care, operation, refurnishing, improvement,

10 and to the extent not otherwise provided for, heating and 11 lighting, including electric power and fixtures, of the offi12 cial residence of the Vice President; the hire of passenger 13 motor vehicles; and not to exceed $90,000 for official en14 tertainment expenses of the Vice President, to be ac15 counted for solely on his certificate, $305,000: Provided, 16 That advances or repayments or transfers from this ap17 propriation may be made to any department or agency for 18 expenses of carrying out such activities. 19 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE

OF

20

THE

TO

21

THE

22

PRESIDENT

AND

FUNDS APPROPRIATED

PRESIDENT (INCLUDING TRANSFERS OF FUNDS)

23

SEC. 201. From funds made available in this Act

24 under the headings ‘‘The White House’’, ‘‘Executive Resi25 dence at the White House’’, ‘‘White House Repair and

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480 1 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 2 Security Council and Homeland Security Council’’, ‘‘Of3 fice of Administration’’, ‘‘Special Assistance to the Presi4 dent’’, and ‘‘Official Residence of the Vice President’’, the 5 Director of the Office of Management and Budget (or 6 such other officer as the President may designate in writ7 ing), may, with advance approval of the Committees on 8 Appropriations of the House of Representatives and the 9 Senate, transfer not to exceed 10 percent of any such ap10 propriation to any other such appropriation, to be merged 11 with and available for the same time and for the same 12 purposes as the appropriation to which transferred: Pro13 vided, That the amount of an appropriation shall not be 14 increased by more than 50 percent by such transfers: Pro15 vided further, That no amount shall be transferred from 16 ‘‘Special Assistance to the President’’ or ‘‘Official Resi17 dence of the Vice President’’ without the approval of the 18 Vice President. 19

SEC. 202. Within 90 days after the date of enactment

20 of this section, the Director of the Office of Management 21 and Budget shall submit a report to the Committees on 22 Appropriations of the House of Representatives and the 23 Senate on the costs of implementing the Dodd-Frank Wall 24 Street Reform and Consumer Protection Act (Public Law 25 111–203). Such report shall include—

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481 1

(1) the estimated mandatory and discretionary

2

obligations of funds through fiscal year 2016, by

3

Federal agency and by fiscal year, including—

4

(A) the estimated obligations by cost in-

5

puts such as rent, information technology, con-

6

tracts, and personnel;

7

(B) the methodology and data sources used

8

to calculate such estimated obligations; and

9

(C) the specific section of such Act that re-

10

quires the obligation of funds; and

11

(2) the estimated receipts through fiscal year

12

2016 from assessments, user fees, and other fees by

13

the Federal agency making the collections, by fiscal

14

year, including—

15

(A) the methodology and data sources used

16

to calculate such estimated collections; and

17

(B) the specific section of such Act that

18

authorizes the collection of funds.

19

SEC. 203. The Director of the Office of National

20 Drug Control Policy shall submit to the Committees on 21 Appropriations of the House of Representatives and the 22 Senate not later than 60 days after the date of enactment 23 of this Act, and prior to the initial obligation of more than 24 20 percent of the funds appropriated in any account under 25 the heading ‘‘Office of National Drug Control Policy’’, a

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482 1 detailed narrative and financial plan on the proposed uses 2 of all funds under the account by program, project, and 3 activity: Provided, That the reports required by this sec4 tion shall be updated and submitted to the Committees 5 on Appropriations every 6 months and shall include infor6 mation detailing how the estimates and assumptions con7 tained in previous reports have changed: Provided further, 8 That any new projects and changes in funding of ongoing 9 projects shall be subject to the prior approval of the Com10 mittees on Appropriations. 11

SEC. 204. Not to exceed 2 percent of any appropria-

12 tions in this Act made available to the Office of National 13 Drug Control Policy may be transferred between appro14 priated programs upon the advance approval of the Com15 mittees on Appropriations: Provided, That no transfer 16 may increase or decrease any such appropriation by more 17 than 3 percent. 18

SEC. 205. Not to exceed $1,000,000 of any appro-

19 priations in this Act made available to the Office of Na20 tional Drug Control Policy may be reprogrammed within 21 a program, project, or activity upon the advance approval 22 of the Committees on Appropriations. 23

This title may be cited as the ‘‘Executive Office of

24 the President Appropriations Act, 2014’’.

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483 1

TITLE III

2

THE JUDICIARY

3

SUPREME COURT

4

OF THE

UNITED STATES

SALARIES AND EXPENSES

5

For expenses necessary for the operation of the Su-

6 preme Court, as required by law, excluding care of the 7 building and grounds, including hire of passenger motor 8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 9 to exceed $10,000 for official reception and representation 10 expenses; and for miscellaneous expenses, to be expended 11 as the Chief Justice may approve, $72,625,000, of which 12 $1,500,000 shall remain available until expended. 13

In addition, there are appropriated such sums as may

14 be necessary under current law for the salaries of the chief 15 justice and associate justices of the court. 16

CARE OF THE BUILDING AND GROUNDS

17

For such expenditures as may be necessary to enable

18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 20 $11,158,000, to remain available until expended.

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484 1 UNITED STATES COURT

OF

2

CIRCUIT

3

SALARIES AND EXPENSES

4

APPEALS

FOR THE

FEDERAL

For salaries of officers and employees, and for nec-

5 essary expenses of the court, as authorized by law, 6 $29,600,000. 7

In addition, there are appropriated such sums as may

8 be necessary under current law for the salaries of the chief 9 judge and judges of the court. 10

UNITED STATES COURT

11

OF INTERNATIONAL

TRADE

SALARIES AND EXPENSES

12

For salaries of officers and employees of the court,

13 services, and necessary expenses of the court, as author14 ized by law, $19,200,000. 15

In addition, there are appropriated such sums as may

16 be necessary under current law for the salaries of the chief 17 judge and judges of the court. 18

COURTS

OF

APPEALS, DISTRICT COURTS,

19

JUDICIAL SERVICES

20

SALARIES AND EXPENSES

21

AND

OTHER

For the salaries of judges of the United States Court

22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise 24 specifically provided for, necessary expenses of the courts, 25 and the purchase, rental, repair, and cleaning of uniforms

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485 1 for Probation and Pretrial Services Office staff, as author2 ized by law, $4,658,830,000 (including the purchase of 3 firearms and ammunition); of which not to exceed 4 $27,817,000 shall remain available until expended for 5 space alteration projects and for furniture and furnishings 6 related to new space alteration and construction projects; 7 and of which not to exceed $50,000,000 shall remain 8 available until September 30, 2015, for cost containment 9 initiatives: Provided, That the amount provided for cost 10 containment initiatives shall not be available for obligation 11 until the Director of the Administrative Office of the 12 United States Courts submits a report to the Committees 13 on Appropriations of the House of Representatives and the 14 Senate showing that the estimated cost savings resulting 15 from the initiatives will exceed the estimated amounts obli16 gated for the initiatives. 17

In addition, there are appropriated such sums as may

18 be necessary under current law for the salaries of circuit 19 and district judges (including judges of the territorial 20 courts of the United States), bankruptcy judges, and jus21 tices and judges retired from office or from regular active 22 service. 23

In addition, for expenses of the United States Court

24 of Federal Claims associated with processing cases under 25 the National Childhood Vaccine Injury Act of 1986 (Pub-

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486 1 lic Law 99–660), not to exceed $5,327,000, to be appro2 priated from the Vaccine Injury Compensation Trust 3 Fund. 4

DEFENDER SERVICES

5

For the operation of Federal Defender organizations;

6 the compensation and reimbursement of expenses of attor7 neys appointed to represent persons under 18 U.S.C. 8 3006A and 3599, and for the compensation and reim9 bursement of expenses of persons furnishing investigative, 10 expert, and other services for such representations as au11 thorized by law; the compensation (in accordance with the 12 maximums under 18 U.S.C. 3006A) and reimbursement 13 of expenses of attorneys appointed to assist the court in 14 criminal cases where the defendant has waived representa15 tion by counsel; the compensation and reimbursement of 16 expenses of attorneys appointed to represent jurors in civil 17 actions for the protection of their employment, as author18 ized by 28 U.S.C. 1875(d)(1); the compensation and reim19 bursement of expenses of attorneys appointed under 18 20 U.S.C. 983(b)(1) in connection with certain judicial civil 21 forfeiture proceedings; the compensation and reimburse22 ment of travel expenses of guardians ad litem appointed 23 under 18 U.S.C. 4100(b); and for necessary training and 24 general administrative expenses, $1,044,394,000, to re25 main available until expended.

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487 1

FEES OF JURORS AND COMMISSIONERS

2

For fees and expenses of jurors as authorized by 28

3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases 6 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71.1(h)), $53,891,000, 8 to remain available until expended: Provided, That the 9 compensation of land commissioners shall not exceed the 10 daily equivalent of the highest rate payable under 5 U.S.C. 11 5332. 12

COURT SECURITY

13

(INCLUDING TRANSFERS OF FUNDS)

14

For necessary expenses, not otherwise provided for,

15 incident to the provision of protective guard services for 16 United States courthouses and other facilities housing 17 Federal court operations, and the procurement, installa18 tion, and maintenance of security systems and equipment 19 for United States courthouses and other facilities housing 20 Federal court operations, including building ingress-egress 21 control, inspection of mail and packages, directed security 22 patrols, perimeter security, basic security services provided 23 by the Federal Protective Service, and other similar activi24 ties as authorized by section 1010 of the Judicial Improve25 ment and Access to Justice Act (Public Law 100–702),

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488 1 $497,500,000, of which not to exceed $15,000,000 shall 2 remain available until expended, to be expended directly 3 or transferred to the United States Marshals Service, 4 which shall be responsible for administering the Judicial 5 Facility Security Program consistent with standards or 6 guidelines agreed to by the Director of the Administrative 7 Office of the United States Courts and the Attorney Gen8 eral. 9

ADMINISTRATIVE OFFICE

OF THE

UNITED STATES

10

COURTS

11

SALARIES AND EXPENSES

12

For necessary expenses of the Administrative Office

13 of the United States Courts as authorized by law, includ14 ing travel as authorized by 31 U.S.C. 1345, hire of a pas15 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 16 advertising and rent in the District of Columbia and else17 where, $81,200,000, of which not to exceed $8,500 is au18 thorized for official reception and representation expenses. 19

FEDERAL JUDICIAL CENTER

20

SALARIES AND EXPENSES

21

For necessary expenses of the Federal Judicial Cen-

22 ter, as authorized by Public Law 90–219, $26,200,000; 23 of which $1,800,000 shall remain available through Sep24 tember 30, 2015, to provide education and training to 25 Federal court personnel; and of which not to exceed

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489 1 $1,500 is authorized for official reception and representa2 tion expenses. 3

UNITED STATES SENTENCING COMMISSION

4

SALARIES AND EXPENSES

5

For the salaries and expenses necessary to carry out

6 the provisions of chapter 58 of title 28, United States 7 Code, $16,200,000, of which not to exceed $1,000 is au8 thorized for official reception and representation expenses. 9

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

10

(INCLUDING TRANSFER OF FUNDS)

11

SEC. 301. Appropriations and authorizations made in

12 this title which are available for salaries and expenses shall 13 be available for services as authorized by 5 U.S.C. 3109. 14

SEC. 302. Not to exceed 5 percent of any appropria-

15 tion made available for the current fiscal year for the Judi16 ciary in this Act may be transferred between such appro17 priations, but no such appropriation, except ‘‘Courts of 18 Appeals, District Courts, and Other Judicial Services, De19 fender Services’’ and ‘‘Courts of Appeals, District Courts, 20 and Other Judicial Services, Fees of Jurors and Commis21 sioners’’, shall be increased by more than 10 percent by 22 any such transfers: Provided, That any transfer pursuant 23 to this section shall be treated as a reprogramming of 24 funds under sections 604 and 608 of this Act and shall

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490 1 not be available for obligation or expenditure except in 2 compliance with the procedures set forth in section 608. 3

SEC. 303. Notwithstanding any other provision of

4 law, the salaries and expenses appropriation for ‘‘Courts 5 of Appeals, District Courts, and Other Judicial Services’’ 6 shall be available for official reception and representation 7 expenses of the Judicial Conference of the United States: 8 Provided, That such available funds shall not exceed 9 $11,000 and shall be administered by the Director of the 10 Administrative Office of the United States Courts in the 11 capacity as Secretary of the Judicial Conference. 12

SEC. 304. Section 3314(a) of title 40, United States

13 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec14 utive’’ each place it appears. 15

SEC. 305. In accordance with 28 U.S.C. 561–569,

16 and notwithstanding any other provision of law, the 17 United States Marshals Service shall provide, for such 18 courthouses as its Director may designate in consultation 19 with the Director of the Administrative Office of the 20 United States Courts, for purposes of a pilot program, the 21 security services that 40 U.S.C. 1315 authorizes the De22 partment of Homeland Security to provide, except for the 23 services specified in 40 U.S.C. 1315(b)(2)(E). For build24 ing-specific security services at these courthouses, the Di25 rector of the Administrative Office of the United States

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491 1 Courts shall reimburse the United States Marshals Service 2 rather than the Department of Homeland Security. 3

SEC. 306. The Supreme Court of the United States,

4 the Federal Judicial Center, and the United States Sen5 tencing Commission are hereby authorized, now and here6 after, to enter into contracts for the acquisition of sever7 able services for a period that begins in one fiscal year 8 and ends in the next fiscal year and to enter into contracts 9 for multiple years for the acquisition of property and serv10 ices, to the same extent as executive agencies under the 11 authority of 41 U.S.C. sections 3902 and 3903, respec12 tively. 13

SEC. 307. (a) Section 203(c) of the Judicial Improve-

14 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 15 note), is amended in the matter following paragraph 16 (12)— 17

(1) in the second sentence (relating to the Dis-

18

trict of Kansas), by striking ‘‘22 years and 6

19

months’’ and inserting ‘‘23 years and 6 months’’;

20

and

21

(2) in the sixth sentence (relating to the Dis-

22

trict of Hawaii), by striking ‘‘19 years and 6

23

months’’ and inserting ‘‘20 years and 6 months’’.

24

(b) Section 406 of the Transportation, Treasury,

25 Housing and Urban Development, the Judiciary, the Dis-

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492 1 trict of Columbia, and Independent Agencies Appropria2 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 3 28 U.S.C. 133 note) is amended in the second sentence 4 (relating to the eastern District of Missouri) by striking 5 ‘‘20 years and 6 months’’ and inserting ‘‘21 years and 6 6 months’’. 7

(c) Section 312(c)(2) of the 21st Century Depart-

8 ment of Justice Appropriations Authorization Act (Public 9 Law 107–273; 28 U.S.C. 133 note), is amended— 10

(1) in the first sentence by striking ‘‘11 years’’

11

and inserting ‘‘12 years’’; and

12

(2) in the second sentence (relating to the cen-

13

tral District of California), by striking ‘‘10 years

14

and 6 months’’ and inserting ‘‘11 years and 6

15

months’’.

16

This title may be cited as the ‘‘Judiciary Appropria-

17 tions Act, 2014’’.

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493 1

TITLE IV

2

DISTRICT OF COLUMBIA

3

FEDERAL FUNDS

4

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5

For a Federal payment to the District of Columbia,

6 to be deposited into a dedicated account, for a nationwide 7 program to be administered by the Mayor, for District of 8 Columbia resident tuition support, $30,000,000, to remain 9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 12 amount based upon the difference between in-State and 13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 15 institutions of higher education: Provided further, That the 16 awarding of such funds may be prioritized on the basis 17 of a resident’s academic merit, the income and need of 18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 22 Federal funds appropriated to the Program in this Act 23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 25 this or any fiscal year: Provided further, That the account

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494 1 shall be under the control of the District of Columbia 2 Chief Financial Officer, who shall use those funds solely 3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 5 Chief Financial Officer shall provide a quarterly financial 6 report to the Committees on Appropriations of the House 7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor. 10

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11

SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12

For a Federal payment of necessary expenses, as de-

13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 15 of surrounding jurisdictions, $23,800,000, to remain 16 available until expended, to be allocated as follows: 17 $14,880,000, for the costs of providing public safety at 18 events related to the presence of the National Capital in 19 the District of Columbia, including support requested by 20 the Director of the United States Secret Service in car21 rying out protective duties under the direction of the Sec22 retary of Homeland Security, and for the costs of pro23 viding support to respond to immediate and specific ter24 rorist threats or attacks in the District of Columbia or 25 surrounding jurisdictions; and $8,920,000 for reimburse-

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495 1 ment of the costs of providing public safety associated with 2 the 57th Presidential Inauguration. 3

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4

COURTS

5

For salaries and expenses for the District of Colum-

6 bia Courts, $232,812,000 to be allocated as follows: for 7 the District of Columbia Court of Appeals, $13,374,000, 8 of which not to exceed $2,500 is for official reception and 9 representation expenses; for the District of Columbia Su10 perior Court, $114,921,000, of which not to exceed $2,500 11 is for official reception and representation expenses; for 12 the District of Columbia Court System, $69,155,000, of 13 which not to exceed $2,500 is for official reception and 14 representation expenses; and $35,362,000, to remain 15 available until September 30, 2015, for capital improve16 ments for District of Columbia courthouse facilities: Pro17 vided, That funds made available for capital improvements 18 shall be expended consistent with the District of Columbia 19 Courts master plan study and building evaluation report: 20 Provided further, That notwithstanding any other provi21 sion of law, all amounts under this heading shall be appor22 tioned quarterly by the Office of Management and Budget 23 and obligated and expended in the same manner as funds 24 appropriated for salaries and expenses of other Federal 25 agencies: Provided further, That 30 days after providing

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496 1 written notice to the Committees on Appropriations of the 2 House of Representatives and the Senate, the District of 3 Columbia

Courts

may

reallocate

not

more

than

4 $6,000,000 of the funds provided under this heading 5 among the items and entities funded under this heading: 6 Provided further, That the Joint Committee on Judicial 7 Administration in the District of Columbia may, by regu8 lation, establish a program substantially similar to the 9 program set forth in subchapter II of chapter 35 of title 10 5, United States Code, for individuals serving the District 11 of Columbia Courts. 12

FEDERAL PAYMENT FOR DEFENDER SERVICES IN

13

DISTRICT OF COLUMBIA COURTS

14

For payments authorized under section 11–2604 and

15 section 11–2605, D.C. Official Code (relating to represen16 tation provided under the District of Columbia Criminal 17 Justice Act), payments for counsel appointed in pro18 ceedings in the Family Court of the Superior Court of the 19 District of Columbia under chapter 23 of title 16, D.C. 20 Official Code, or pursuant to contractual agreements to 21 provide guardian ad litem representation, training, tech22 nical assistance, and such other services as are necessary 23 to improve the quality of guardian ad litem representation, 24 payments for counsel appointed in adoption proceedings 25 under chapter 3 of title 16, D.C. Official Code, and pay-

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497 1 ments authorized under section 21–2060, D.C. Official 2 Code (relating to services provided under the District of 3 Columbia Guardianship, Protective Proceedings, and Du4 rable Power of Attorney Act of 1986), $49,890,000, to 5 remain available until expended: Provided, That funds 6 provided under this heading shall be administered by the 7 Joint Committee on Judicial Administration in the Dis8 trict of Columbia: Provided further, That, notwithstanding 9 any other provision of law, this appropriation shall be ap10 portioned quarterly by the Office of Management and 11 Budget and obligated and expended in the same manner 12 as funds appropriated for expenses of other Federal agen13 cies. 14

FEDERAL PAYMENT TO THE COURT SERVICES AND OF-

15

FENDER SUPERVISION AGENCY FOR THE DISTRICT

16

OF COLUMBIA

17

For salaries and expenses, including the transfer and

18 hire of motor vehicles, of the Court Services and Offender 19 Supervision Agency for the District of Columbia, as au20 thorized by the National Capital Revitalization and Self21 Government Improvement Act of 1997, $226,484,000, of 22 which not to exceed $2,000 is for official reception and 23 representation expenses related to Community Supervision 24 and Pretrial Services Agency programs; of which not to 25 exceed $25,000 is for dues and assessments relating to

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498 1 the implementation of the Court Services and Offender 2 Supervision Agency Interstate Supervision Act of 2002; 3 of which $167,269,000 shall be for necessary expenses of 4 Community Supervision and Sex Offender Registration, to 5 include expenses relating to the supervision of adults sub6 ject to protection orders or the provision of services for 7 or related to such persons; and of which $59,215,000 shall 8 be available to the Pretrial Services Agency: Provided, 9 That notwithstanding any other provision of law, all 10 amounts under this heading shall be apportioned quarterly 11 by the Office of Management and Budget and obligated 12 and expended in the same manner as funds appropriated 13 for salaries and expenses of other Federal agencies: Pro14 vided further, That not less than $1,000,000 shall be avail15 able for re-entrant housing in the District of Columbia: 16 Provided further, That the Director is authorized to accept 17 and use gifts in the form of in-kind contributions of space 18 and hospitality to support offender and defendant pro19 grams; and equipment, supplies, and vocational training 20 services necessary to sustain, educate, and train offenders 21 and defendants, including their dependent children: Pro22 vided further, That the Director shall keep accurate and 23 detailed records of the acceptance and use of any gift or 24 donation under the previous proviso, and shall make such 25 records available for audit and public inspection: Provided

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499 1 further, That the Court Services and Offender Supervision 2 Agency Director is authorized to accept and use reim3 bursement from the District of Columbia Government for 4 space and services provided on a cost reimbursable basis. 5

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6

PUBLIC DEFENDER SERVICE

7

For salaries and expenses, including the transfer and

8 hire of motor vehicles, of the District of Columbia Public 9 Defender Service, as authorized by the National Capital 10 Revitalization and Self-Government Improvement Act of 11 1997, $40,607,000: Provided, That notwithstanding any 12 other provision of law, all amounts under this heading 13 shall be apportioned quarterly by the Office of Manage14 ment and Budget and obligated and expended in the same 15 manner as funds appropriated for salaries and expenses 16 of Federal agencies: Provided further, That, notwith17 standing section 1342 of title 31, United States Code, and 18 in addition to the authority provided by the District of 19 Columbia Code Section 2–1607(b), upon approval of the 20 Board of Trustees, the District of Columbia Public De21 fender Service may accept and use voluntary and uncom22 pensated services for the purpose of aiding or facilitating 23 the work of the District of Columbia Public Defender 24 Service.

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500 1

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2

WATER AND SEWER AUTHORITY

3

For a Federal payment to the District of Columbia

4 Water and Sewer Authority, $14,000,000, to remain avail5 able until expended, to continue implementation of the 6 Combined Sewer Overflow Long-Term Plan: Provided, 7 That the District of Columbia Water and Sewer Authority 8 provides a 100 percent match for this payment. 9

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

10

COORDINATING COUNCIL

11

For a Federal payment to the Criminal Justice Co-

12 ordinating Council, $1,800,000, to remain available until 13 expended, to support initiatives related to the coordination 14 of Federal and local criminal justice resources in the Dis15 trict of Columbia. 16

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

17

For a Federal payment, to remain available until

18 September 30, 2015, to the Commission on Judicial Dis19 abilities and Tenure, $295,000, and for the Judicial Nomi20 nation Commission, $205,000. 21

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

22

For a Federal payment for a school improvement pro-

23 gram in the District of Columbia, $48,000,000, to remain 24 available until expended, for payments authorized under

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501 1 the Scholarship for Opportunity and Results Act (division 2 C of Public Law 112–10). 3

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

4

NATIONAL GUARD

5

For a Federal payment to the District of Columbia

6 National Guard, $375,000, to remain available until ex7 pended for the Major General David F. Wherley, Jr. Dis8 trict of Columbia National Guard Retention and College 9 Access Program. 10

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF

11

HIV/AIDS

12

For a Federal payment to the District of Columbia

13 for the testing of individuals for, and the treatment of in14 dividuals with, human immunodeficiency virus and ac15 quired immunodeficiency syndrome in the District of Co16 lumbia, $5,000,000. 17

DISTRICT

18

OF

COLUMBIA FUNDS

Local funds are appropriated for the District of Co-

19 lumbia for the current fiscal year out of the General Fund 20 of the District of Columbia (‘‘General Fund’’) for pro21 grams and activities set forth under the heading ‘‘District 22 of Columbia Funds Summary of Expenses’’ and at the 23 rate set forth under such heading, as included in the Fis24 cal Year 2014 Budget Request Act of 2013 submitted to 25 the Congress by the District of Columbia as amended as

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502 1 of the date of enactment of this Act: Provided, That not2 withstanding any other provision of law, except as pro3 vided in section 450A of the District of Columbia Home 4 Rule Act (section 1–204.50a, D.C. Official Code), sections 5 816 and 817 of the Financial Services and General Gov6 ernment Appropriations Act, 2009 (secs. 47–369.01 and 7 47–369.02, D.C. Official Code), and provisions of this Act, 8 the total amount appropriated in this Act for operating 9 expenses for the District of Columbia for fiscal year 2014 10 under this heading shall not exceed the estimates included 11 in the Fiscal Year 2014 Budget Request Act of 2013 sub12 mitted to Congress by the District of Columbia as amend13 ed as of the date of enactment of this Act or the sum 14 of the total revenues of the District of Columbia for such 15 fiscal year: Provided further, That the amount appro16 priated may be increased by proceeds of one-time trans17 actions, which are expended for emergency or unantici18 pated operating or capital needs: Provided further, That 19 such increases shall be approved by enactment of local 20 District law and shall comply with all reserve requirements 21 contained in the District of Columbia Home Rule Act: 22 Provided further, That the Chief Financial Officer of the 23 District of Columbia shall take such steps as are necessary 24 to assure that the District of Columbia meets these re25 quirements, including the apportioning by the Chief Fi-

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503 1 nancial Officer of the appropriations and funds made 2 available to the District during fiscal year 2014, except 3 that the Chief Financial Officer may not reprogram for 4 operating expenses any funds derived from bonds, notes, 5 or other obligations issued for capital projects. 6

This title may be cited as the ‘‘District of Columbia

7 Appropriations Act, 2014’’.

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504 1

TITLE V

2

INDEPENDENT AGENCIES

3 ADMINISTRATIVE CONFERENCE 4

OF THE

UNITED STATES

SALARIES AND EXPENSES

5

For necessary expenses of the Administrative Con-

6 ference of the United States, authorized by 5 U.S.C. 591 7 et seq., $3,000,000, to remain available until September 8 30, 2015, of which not to exceed $1,000 is for official re9 ception and representation expenses. 10

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

11

SALARIES AND EXPENSES

12

For payment to the Christopher Columbus Fellow-

13 ship Foundation, established by section 423 of Public Law 14 102–281, $150,000, to remain available until expended. 15

CONSUMER PRODUCT SAFETY COMMISSION

16

SALARIES AND EXPENSES

17

For necessary expenses of the Consumer Product

18 Safety Commission, including hire of passenger motor ve19 hicles, services as authorized by 5 U.S.C. 3109, but at 20 rates for individuals not to exceed the per diem rate equiv21 alent to the maximum rate payable under 5 U.S.C. 5376, 22 purchase of nominal awards to recognize non-Federal offi23 cials’ contributions to Commission activities, and not to 24 exceed $4,000 for official reception and representation ex25 penses, $118,000,000, of which $1,000,000 shall remain

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505 1 available until expended to carry out the program required 2 by section 1405 of the Virginia Graeme Baker Pool and 3 Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004). 4

ADMINISTRATIVE PROVISION—CONSUMER PRODUCT

5

SAFETY COMMISSION

6

SEC. 501. The Virginia Graeme Baker Pool and Spa

7 Safety Act (15 U.S.C. 8001 et seq.) is amended— 8

(1) in section 1405 (15 U.S.C. 8004)—

9

(A) in subsection (b)(1)(A), by striking

10

‘‘all swimming pools constructed after the date

11

that is 6 months after the date of enactment of

12

the Financial Services and General Government

13

Appropriations Act, 2012 in the State’’ and in-

14

serting ‘‘all swimming pools constructed in the

15

State after the date the State submits an appli-

16

cation to the Commission for a grant under this

17

section’’; and

18

(B) in subsection (e)—

19

(i) by striking the first sentence and

20

inserting the following: ‘‘There is author-

21

ized to be appropriated to the Commission

22

such sums as may be necessary to carry

23

out this section through fiscal year 2016.’’;

24

and

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506 1

(ii) in the second sentence, by striking

2

‘‘fiscal year 2012’’ and inserting ‘‘fiscal

3

year 2016’’; and

4

(2) in section 1406(a) (15 U.S.C. 8005(a))—

5

(A) in paragraph (1)(A)—

6

(i) in clause (i), by inserting ‘‘and’’

7

after the semicolon;

8

(ii) by striking clauses (ii), (iv) and

9

(v) and redesignating clause (iii) as clause

10

(ii); and

11

(iii) in clause (ii)(III) (as so redesig-

12

nated), by inserting ‘‘and’’ after the semi-

13

colon;

14

(B) by striking paragraph (2) and redesig-

15

nating paragraphs (3) and (4) as paragraphs

16

(2) and (3), respectively; and

17

(C) in paragraph (3) (as so redesignated),

18

by striking ‘‘paragraph (1)’’ and inserting

19

‘‘paragraph (1)(B)’’.

20

ELECTION ASSISTANCE COMMISSION

21

SALARIES AND EXPENSES

22

(INCLUDING TRANSFER OF FUNDS)

23

For necessary expenses to carry out the Help Amer-

24 ica Vote Act of 2002 (Public Law 107–252), $10,000,000, 25 of which $1,900,000 shall be transferred to the National

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507 1 Institute of Standards and Technology for election reform 2 activities authorized under the Help America Vote Act of 3 2002. 4

FEDERAL COMMUNICATIONS COMMISSION

5

SALARIES AND EXPENSES

6

For necessary expenses of the Federal Communica-

7 tions Commission, as authorized by law, including uni8 forms and allowances therefor, as authorized by 5 U.S.C. 9 5901–5902; not to exceed $4,000 for official reception and 10 representation expenses; purchase and hire of motor vehi11 cles; special counsel fees; and services as authorized by 12 5 U.S.C. 3109, $339,844,000, to remain available until 13 expended: Provided, That of which not less than $300,000 14 shall be available for consultation with federally recognized 15 Indian tribes, Alaska Native villages, and entities related 16 to Hawaiian Home Lands: Provided further, That 17 $339,844,000 of offsetting collections shall be assessed 18 and collected pursuant to section 9 of title I of the Com19 munications Act of 1934, shall be retained and used for 20 necessary expenses and shall remain available until ex21 pended: Provided further, That the sum herein appro22 priated shall be reduced as such offsetting collections are 23 received during fiscal year 2014 so as to result in a final 24 fiscal year 2014 appropriation estimated at $0: Provided 25 further, That any offsetting collections received in excess

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508 1 of $339,844,000 in fiscal year 2014 shall not be available 2 for obligation: Provided further, That remaining offsetting 3 collections from prior years collected in excess of the 4 amount specified for collection in each such year and oth5 erwise becoming available on October 1, 2013, shall not 6 be available for obligation: Provided further, That notwith7 standing 47 U.S.C. 309(j)(8)(B), proceeds from the use 8 of a competitive bidding system that may be retained and 9 made available for obligation shall not exceed $98,700,000 10 for fiscal year 2014: Provided further, That of the amount 11 appropriated

under

this

heading,

not

less

than

12 $11,090,000 shall be for the salaries and expenses of the 13 Office of Inspector General. 14

ADMINISTRATIVE PROVISIONS—FEDERAL

15

COMMUNICATIONS COMMISSION

16

SEC. 510. Section 302 of the Universal Service

17 Antideficiency Temporary Suspension Act is amended by 18 striking ‘‘January 15, 2014’’, each place it appears and 19 inserting ‘‘December 31, 2015’’. 20

SEC. 511. None of the funds appropriated by this Act

21 may be used by the Federal Communications Commission 22 to modify, amend, or change its rules or regulations for 23 universal service support payments to implement the Feb24 ruary 27, 2004 recommendations of the Federal-State 25 Joint Board on Universal Service regarding single connec-

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509 1 tion or primary line restrictions on universal service sup2 port payments. 3

FEDERAL DEPOSIT INSURANCE CORPORATION

4

OFFICE OF THE INSPECTOR GENERAL

5

For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector 7 General Act of 1978, $34,568,000, to be derived from the 8 Deposit Insurance Fund or, only when appropriate, the 9 FSLIC Resolution Fund. 10

FEDERAL ELECTION COMMISSION

11

SALARIES AND EXPENSES

12

For necessary expenses to carry out the provisions

13 of the Federal Election Campaign Act of 1971, 14 $65,791,000, of which not to exceed $5,000 shall be avail15 able for reception and representation expenses. 16

FEDERAL LABOR RELATIONS AUTHORITY

17

SALARIES AND EXPENSES

18

For necessary expenses to carry out functions of the

19 Federal Labor Relations Authority, pursuant to Reorga20 nization Plan Numbered 2 of 1978, and the Civil Service 21 Reform Act of 1978, including services authorized by 5 22 U.S.C. 3109, and including hire of experts and consult23 ants, hire of passenger motor vehicles, and including offi24 cial reception and representation expenses (not to exceed 25 $1,500) and rental of conference rooms in the District of

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510 1 Columbia and elsewhere, $25,500,000: Provided, That 2 public members of the Federal Service Impasses Panel 3 may be paid travel expenses and per diem in lieu of sub4 sistence as authorized by law (5 U.S.C. 5703) for persons 5 employed intermittently in the Government service, and 6 compensation as authorized by 5 U.S.C. 3109: Provided 7 further, That, notwithstanding 31 U.S.C. 3302, funds re8 ceived from fees charged to non-Federal participants at 9 labor-management relations conferences shall be credited 10 to and merged with this account, to be available without 11 further appropriation for the costs of carrying out these 12 conferences. 13

FEDERAL TRADE COMMISSION

14

SALARIES AND EXPENSES

15

For necessary expenses of the Federal Trade Com-

16 mission, including uniforms or allowances therefor, as au17 thorized by 5 U.S.C. 5901–5902; services as authorized 18 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 19 not to exceed $2,000 for official reception and representa20 tion expenses, $298,000,000, to remain available until ex21 pended: Provided, That not to exceed $300,000 shall be 22 available for use to contract with a person or persons for 23 collection services in accordance with the terms of 31 24 U.S.C. 3718: Provided further, That, notwithstanding any 25 other provision of law, not to exceed $103,300,000 of off-

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511 1 setting collections derived from fees collected for 2 premerger notification filings under the Hart-Scott-Ro3 dino Antitrust Improvements Act of 1976 (15 U.S.C. 4 18a), regardless of the year of collection, shall be retained 5 and used for necessary expenses in this appropriation: 6 Provided further, That, notwithstanding any other provi7 sion of law, not to exceed $15,000,000 in offsetting collec8 tions derived from fees sufficient to implement and enforce 9 the Telemarketing Sales Rule, promulgated under the 10 Telemarketing and Consumer Fraud and Abuse Preven11 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 12 account, and be retained and used for necessary expenses 13 in this appropriation: Provided further, That the sum here14 in appropriated from the general fund shall be reduced 15 as such offsetting collections are received during fiscal 16 year 2014, so as to result in a final fiscal year 2014 appro17 priation from the general fund estimated at not more than 18 $179,700,000: Provided further, That none of the funds 19 made available to the Federal Trade Commission may be 20 used to implement subsection (e)(2)(B) of section 43 of 21 the Federal Deposit Insurance Act (12 U.S.C. 1831t).

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512 1

GENERAL SERVICES ADMINISTRATION

2

REAL PROPERTY ACTIVITIES

3

FEDERAL BUILDINGS FUND

4

LIMITATIONS ON AVAILABILITY OF REVENUE

5

(INCLUDING TRANSFER OF FUNDS)

6

Amounts in the Fund, including revenues and collec-

7 tions deposited into the Fund shall be available for nec8 essary expenses of real property management and related 9 activities not otherwise provided for, including operation, 10 maintenance, and protection of federally owned and leased 11 buildings; rental of buildings in the District of Columbia; 12 restoration of leased premises; moving governmental agen13 cies (including space adjustments and telecommunications 14 relocation expenses) in connection with the assignment, al15 location and transfer of space; contractual services inci16 dent to cleaning or servicing buildings, and moving; repair 17 and alteration of federally owned buildings including 18 grounds, approaches and appurtenances; care and safe19 guarding of sites; maintenance, preservation, demolition, 20 and equipment; acquisition of buildings and sites by pur21 chase, condemnation, or as otherwise authorized by law; 22 acquisition of options to purchase buildings and sites; con23 version and extension of federally owned buildings; pre24 liminary planning and design of projects by contract or 25 otherwise; construction of new buildings (including equip-

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513 1 ment for such buildings); and payment of principal, inter2 est, and any other obligations for public buildings acquired 3 by installment purchase and purchase contract; in the ag4 gregate amount of $9,370,042,000, of which: (1) 5 $506,178,000 shall remain available until expended for 6 construction and acquisition (including funds for sites and 7 expenses, and associated design and construction services) 8 of additional projects at the following locations: 9

New Construction:

10

California:

11

San Ysidro, United States Land Port

12

of Entry, $128,300,000.

13

Colorado:

14

Lakewood, Denver Federal Center,

15

$13,938,000.

16

District of Columbia:

17

Washington, DHS Consolidation at

18

St. Elizabeths, $155,000,000.

19

Puerto Rico:

20

San Juan, Federal Bureau of Inves-

21

tigation, $85,301,000.

22

Texas:

23

Laredo, United States Land Port of

24

Entry, $25,786,000.

25

Virginia:

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514 1

Winchester,

2

FBI

Central

Records

Complex, $97,853,000:

3 Provided, That each of the foregoing limits of costs on 4 new construction and acquisition projects may be exceeded 5 to the extent that savings are effected in other such 6 projects, but not to exceed 10 percent of the amounts in7 cluded in a transmitted prospectus, if required, unless ad8 vance approval is obtained from the Committees on Appro9 priations of a greater amount: Provided further, That all 10 funds for direct construction projects shall expire on Sep11 tember 30, 2015, and remain in the Federal Buildings 12 Fund, except for funds for projects as to which funds for 13 design or other funds have been obligated in whole or in 14 part prior to such date; (2) $1,076,823,000 shall remain 15 available until expended for repairs and alterations, which 16 includes associated design and construction services; of 17 which $593,288,000 is for Major Repairs and Alterations; 18 $378,535,000 is for Basic Repairs and Alterations; and 19 $105,000,000 is for Special Emphasis Programs: 20

Energy and Water Retrofit and Conservation

21

Measures, $5,000,000.

22

Fire and Life Safety Program, $30,000,000.

23

Consolidation Activities, $70,000,000:

24 Provided, That consolidation projects result in reduced an25 nual rent paid by the tenant agency: Provided further,

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515 1 That no consolidation project exceed $20,000,000 in costs: 2 Provided further, That consolidation projects are approved 3 by each of the committees specified in section 3307(a) of 4 title 40, United States Code: Provided further, That pref5 erence is given to consolidation projects that achieve a uti6 lization rate of 130 usable square feet or less per person 7 for office space: Provided further, That the obligation of 8 funds under this paragraph for consolidation activities 9 may not be made until 10 days after a proposed spending 10 plan and explanation for each project to be undertaken 11 has been submitted to the Committees on Appropriations 12 of the House of Representatives and the Senate: 13 Provided further, That of the total amount under this 14 heading, $69,500,000 shall be available for new construc15 tion and repair to meet the housing requirements of the 16 Judiciary’s Southern District in Mobile, Alabama: Pro17 vided further, That funds made available in this or any 18 previous Act in the Federal Buildings Fund for Repairs 19 and Alterations shall, for prospectus projects, be limited 20 to the amount identified for each project, except each 21 project in this or any previous Act may be increased by 22 an amount not to exceed 10 percent unless advance ap23 proval is obtained from the Committees on Appropriations 24 of a greater amount: Provided further, That additional 25 projects for which prospectuses have been fully approved

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516 1 may be funded under this category only if advance ap2 proval is obtained from the Committees on Appropria3 tions: Provided further, That the amounts provided in this 4 or any prior Act for ‘‘Repairs and Alterations’’ may be 5 used to fund costs associated with implementing security 6 improvements to buildings necessary to meet the minimum 7 standards for security in accordance with current law and 8 in compliance with the reprogramming guidelines of the 9 appropriate Committees of the House and Senate: Pro10 vided further, That the difference between the funds ap11 propriated and expended on any projects in this or any 12 prior Act, under the heading ‘‘Repairs and Alterations’’, 13 may be transferred to Basic Repairs and Alterations or 14 used to fund authorized increases in prospectus projects: 15 Provided further, That all funds for repairs and alterations 16 prospectus projects shall expire on September 30, 2015 17 and remain in the Federal Buildings Fund except funds 18 for projects as to which funds for design or other funds 19 have been obligated in whole or in part prior to such date: 20 Provided further, That the amount provided in this or any 21 prior Act for Basic Repairs and Alterations may be used 22 to pay claims against the Government arising from any 23 projects under the heading ‘‘Repairs and Alterations’’ or 24 used to fund authorized increases in prospectus projects; 25 (3) $109,000,000 for installment acquisition payments in-

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517 1 cluding payments on purchase contracts which shall re2 main available until expended; (4) $5,387,109,000 for 3 rental of space which shall remain available until ex4 pended; and (5) $2,221,432,000 for building operations 5 to

remain

available

6 $1,158,869,000

is

until for

expended,

building

of

services,

which and

7 $1,062,563,000 is for salaries and expenses: Provided fur8 ther, That not to exceed 5 percent of any appropriation 9 made available under this heading for building operations 10 may be transferred between and merged with such appro11 priations upon notification to the Committees on Appro12 priations of the House of Representatives and the Senate, 13 but no such appropriation shall be increased by more than 14 5 percent by any such transfers: Provided further, That 15 section 521 of this title shall not apply with respect to 16 funds made available under this heading for building oper17 ations: Provided further, That funds available to the Gen18 eral Services Administration shall not be available for ex19 penses of any construction, repair, alteration and acquisi20 tion project for which a prospectus, if required by 40 21 U.S.C. 3307(a), has not been approved, except that nec22 essary funds may be expended for each project for re23 quired expenses for the development of a proposed pro24 spectus: Provided further, That funds available in the Fed25 eral Buildings Fund may be expended for emergency re-

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518 1 pairs when advance approval is obtained from the Com2 mittees

on

Appropriations:

Provided

further,

That

3 amounts necessary to provide reimbursable special services 4 to other agencies under 40 U.S.C. 592(b)(2) and amounts 5 to provide such reimbursable fencing, lighting, guard 6 booths, and other facilities on private or other property 7 not in Government ownership or control as may be appro8 priate to enable the United States Secret Service to per9 form its protective functions pursuant to 18 U.S.C. 3056, 10 shall be available from such revenues and collections: Pro11 vided further, That revenues and collections and any other 12 sums accruing to this Fund during fiscal year 2014, ex13 cluding reimbursements under 40 U.S.C. 592(b)(2) in ex14 cess of the aggregate new obligational authority author15 ized for Real Property Activities of the Federal Buildings 16 Fund in this Act shall remain in the Fund and shall not 17 be available for expenditure except as authorized in appro18 priations Acts. 19

GENERAL ACTIVITIES

20

GOVERNMENT-WIDE POLICY

21

For expenses authorized by law, not otherwise pro-

22 vided for, for Government-wide policy and evaluation ac23 tivities associated with the management of real and per24 sonal property assets and certain administrative services; 25 Government-wide policy support responsibilities relating to

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519 1 acquisition, telecommunications, information technology 2 management, and related technology activities; and serv3 ices as authorized by 5 U.S.C. 3109; $58,000,000. 4

OPERATING EXPENSES

5

(INCLUDING TRANSFER OF FUNDS)

6

For expenses authorized by law, not otherwise pro-

7 vided for, for Government-wide activities associated with 8 utilization and donation of surplus personal property; dis9 posal of real property; agency-wide policy direction, man10 agement, and communications; the Civilian Board of Con11 tract Appeals; services as authorized by 5 U.S.C. 3109; 12 $63,466,000, of which $28,000,000 is for Real and Per13 sonal Property Management and Disposal; $26,500,000 is 14 for the Office of the Administrator, of which not to exceed 15 $7,500 is for official reception and representation ex16 penses; and $8,966,000 is for the Civilian Board of Con17 tract Appeals: Provided further, That not to exceed 5 per18 cent of the appropriation made available under this head19 ing for Office of the Administrator may be transferred to 20 the appropriation for the Real and Personal Property 21 Management and Disposal upon notification to the Com22 mittees on Appropriations of the House of Representatives 23 and the Senate, but the appropriation for the Real and 24 Personal Property Management and Disposal may not be 25 increased by more than 5 percent by any such transfer.

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520 1

OFFICE OF INSPECTOR GENERAL

2

For necessary expenses of the Office of Inspector

3 General and service authorized by 5 U.S.C. 3109, 4 $65,000,000, of which $2,000,000 is available until ex5 pended: Provided, That not to exceed $50,000 shall be 6 available for payment for information and detection of 7 fraud against the Government, including payment for re8 covery of stolen Government property: Provided further, 9 That not to exceed $2,500 shall be available for awards 10 to employees of other Federal agencies and private citizens 11 in recognition of efforts and initiatives resulting in en12 hanced Office of Inspector General effectiveness. 13

ELECTRONIC GOVERNMENT FUND

14

(INCLUDING TRANSFER OF FUNDS)

15

For necessary expenses in support of interagency

16 projects that enable the Federal Government to expand 17 its ability to conduct activities electronically, through the 18 development and implementation of innovative uses of the 19 Internet and other electronic methods, $16,000,000, to re20 main available until expended: Provided, That these funds 21 may be transferred to Federal agencies to carry out the 22 purpose of the Fund: Provided further, That this transfer 23 authority shall be in addition to any other transfer author24 ity provided in this Act: Provided further, That such trans25 fers may not be made until 10 days after a proposed

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521 1 spending plan and explanation for each project to be un2 dertaken has been submitted to the Committees on Appro3 priations of the House of Representatives and the Senate. 4

ALLOWANCES AND OFFICE STAFF FOR FORMER

5

PRESIDENTS

6

For carrying out the provisions of the Act of August

7 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 8 $3,550,000. 9

FEDERAL CITIZEN SERVICES FUND

10

For necessary expenses of the Office of Citizen Serv-

11 ices and Innovative Technologies, including services au12 thorized by 40 U.S.C. 323, $34,804,000, to be deposited 13 into the Federal Citizen Services Fund: Provided, That the 14 appropriations, revenues, and collections deposited into 15 the Fund shall be available for necessary expenses of Fed16 eral Citizen Services activities in the aggregate amount 17 not to exceed $90,000,000. Appropriations, revenues, and 18 collections accruing to this Fund during fiscal year 2014 19 in excess of such amount shall remain in the Fund and 20 shall not be available for expenditure except as authorized 21 in appropriations Acts.

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522 1

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

2

ADMINISTRATION

3

(INCLUDING TRANSFER OF FUNDS)

4

SEC. 520. Funds available to the General Services

5 Administration shall be available for the hire of passenger 6 motor vehicles. 7

SEC. 521. Funds in the Federal Buildings Fund

8 made available for fiscal year 2014 for Federal Buildings 9 Fund activities may be transferred between such activities 10 only to the extent necessary to meet program require11 ments: Provided, That any proposed transfers shall be ap12 proved in advance by the Committees on Appropriations 13 of the House of Representatives and the Senate. 14

SEC. 522. Except as otherwise provided in this title,

15 funds made available by this Act shall be used to transmit 16 a fiscal year 2015 request for United States Courthouse 17 construction only if the request: (1) meets the design guide 18 standards for construction as established and approved by 19 the General Services Administration, the Judicial Con20 ference of the United States, and the Office of Manage21 ment and Budget; (2) reflects the priorities of the Judicial 22 Conference of the United States as set out in its approved 23 5-year construction plan; and (3) includes a standardized 24 courtroom utilization study of each facility to be con25 structed, replaced, or expanded.

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523 1

SEC. 523. None of the funds provided in this Act may

2 be used to increase the amount of occupiable square feet, 3 provide cleaning services, security enhancements, or any 4 other service usually provided through the Federal Build5 ings Fund, to any agency that does not pay the rate per 6 square foot assessment for space and services as deter7 mined by the General Services Administration in consider8 ation of the Public Buildings Amendments Act of 1972 9 (Public Law 92–313). 10

SEC. 524. From funds made available under the

11 heading ‘‘Federal Buildings Fund, Limitations on Avail12 ability of Revenue’’, claims against the Government of less 13 than $250,000 arising from direct construction projects 14 and acquisition of buildings may be liquidated from sav15 ings effected in other construction projects with prior noti16 fication to the Committees on Appropriations of the House 17 of Representatives and the Senate. 18

SEC. 525. In any case in which the Committee on

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Pub21 lic Works of the Senate adopt a resolution granting lease 22 authority pursuant to a prospectus transmitted to Con23 gress by the Administrator of the General Services Admin24 istration under 40 U.S.C. 3307, the Administrator shall 25 ensure that the delineated area of procurement is identical

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524 1 to the delineated area included in the prospectus for all 2 lease agreements, except that, if the Administrator deter3 mines that the delineated area of the procurement should 4 not be identical to the delineated area included in the pro5 spectus, the Administrator shall provide an explanatory 6 statement to each of such committees and the Committees 7 on Appropriations of the House of Representatives and the 8 Senate prior to exercising any lease authority provided in 9 the resolution. 10

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

11

SALARIES AND EXPENSES

12

For payment to the Harry S Truman Scholarship

13 Foundation Trust Fund, established by section 10 of Pub14 lic Law 93–642, $750,000, to remain available until ex15 pended. 16

MERIT SYSTEMS PROTECTION BOARD

17

SALARIES AND EXPENSES

18

(INCLUDING TRANSFER OF FUNDS)

19

For necessary expenses to carry out functions of the

20 Merit Systems Protection Board pursuant to Reorganiza21 tion Plan Numbered 2 of 1978, the Civil Service Reform 22 Act of 1978, and the Whistleblower Protection Act of 23 1989 (5 U.S.C. 5509 note), including services as author24 ized by 5 U.S.C. 3109, rental of conference rooms in the 25 District of Columbia and elsewhere, hire of passenger

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525 1 motor vehicles, direct procurement of survey printing, and 2 not to exceed $2,000 for official reception and representa3 tion expenses, $42,740,000, to remain available until Sep4 tember 30, 2015, together with not to exceed $2,345,000, 5 to remain available until September 30, 2015, for adminis6 trative expenses to adjudicate retirement appeals to be 7 transferred from the Civil Service Retirement and Dis8 ability Fund in amounts determined by the Merit Systems 9 Protection Board: Provided, That section 1204 of title 5, 10 United States Code, is amended by adding at the end the 11 following: 12

‘‘(n) The Board may accept and use gifts and dona-

13 tions of property and services to carry out the duties of 14 the Board.’’. 15

MORRIS K. UDALL

AND

STEWART L. UDALL

16

FOUNDATION

17

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

18

(INCLUDING TRANSFER OF FUNDS)

19

For payment to the Morris K. Udall and Stewart L.

20 Udall Trust Fund, pursuant to the Morris K. Udall and 21 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 22 seq.), $2,100,000, to remain available until expended, of 23 which, notwithstanding sections 8 and 9 of such Act: (1) 24 up to $50,000 shall be used to conduct financial audits 25 pursuant to the Accountability of Tax Dollars Act of 2002

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526 1 (Public Law 107–289); and (2) up to $1,000,000 shall 2 be available to carry out the activities authorized by sec3 tion 6(7) of Public Law 102–259 and section 817(a) of 4 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 5 of the total amount made available under this heading 6 $200,000 shall be transferred to the Office of Inspector 7 General of the Department of the Interior, to remain 8 available until expended, for audits and investigations of 9 the Morris K. Udall and Stewart L. Udall Foundation, 10 consistent with the Inspector General Act of 1978 (5 11 U.S.C. App.). 12

ENVIRONMENTAL DISPUTE RESOLUTION FUND

13

For payment to the Environmental Dispute Resolu-

14 tion Fund to carry out activities authorized in the Envi15 ronmental Policy and Conflict Resolution Act of 1998, 16 $3,400,000, to remain available until expended. 17

NATIONAL ARCHIVES

18

AND

RECORDS ADMINISTRATION

OPERATING EXPENSES

19

For necessary expenses in connection with the admin-

20 istration of the National Archives and Records Adminis21 tration and archived Federal records and related activities, 22 as provided by law, and for expenses necessary for the re23 view and declassification of documents, the activities of 24 the Public Interest Declassification Board, the operations 25 and maintenance of the electronic records archives, the

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527 1 hire of passenger motor vehicles, and for uniforms or al2 lowances therefor, as authorized by law (5 U.S.C. 5901), 3 including

maintenance,

repairs,

and

cleaning,

4 $370,000,000. 5

OFFICE OF INSPECTOR GENERAL

6

For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector 8 General Reform Act of 2008, Public Law 110–409, 122 9 Stat. 4302–16 (2008), and the Inspector General Act of 10 1978 (5 U.S.C. App.), and for the hire of passenger motor 11 vehicles, $4,130,000. 12

REPAIRS AND RESTORATION

13

For the repair, alteration, and improvement of ar-

14 chives facilities, and to provide adequate storage for hold15 ings, $8,000,000, to remain available until expended. 16

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

17

COMMISSION

18

GRANTS PROGRAM

19

For necessary expenses for allocations and grants for

20 historical publications and records as authorized by 44 21 U.S.C. 2504, $4,500,000, to remain available until ex22 pended.

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528 1

NATIONAL CREDIT UNION ADMINISTRATION

2

CENTRAL LIQUIDITY FACILITY

3

During fiscal year 2014, gross obligations of the Cen-

4 tral Liquidity Facility for the principal amount of new di5 rect loans to member credit unions, as authorized by 12 6 U.S.C. 1795 et seq., shall be the amount authorized by 7 section 307(a)(4)(A) of the Federal Credit Union Act (12 8 U.S.C. 1795f(a)(4)(A)): Provided, That administrative ex9 penses of the Central Liquidity Facility in fiscal year 2014 10 shall not exceed $1,250,000. 11

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

12

For the Community Development Revolving Loan

13 Fund program as authorized by 42 U.S.C. 9812, 9822 14 and 9910, $1,200,000 shall be available until September 15 30, 2015, for technical assistance to low-income des16 ignated credit unions. 17

OFFICE

18

OF

GOVERNMENT ETHICS

SALARIES AND EXPENSES

19

For necessary expenses to carry out functions of the

20 Office of Government Ethics pursuant to the Ethics in 21 Government Act of 1978, and the Ethics Reform Act of 22 1989, including services as authorized by 5 U.S.C. 3109, 23 rental of conference rooms in the District of Columbia and 24 elsewhere, hire of passenger motor vehicles, and not to ex-

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529 1 ceed $1,500 for official reception and representation ex2 penses, $15,325,000. 3

OFFICE

OF

PERSONNEL MANAGEMENT

4

SALARIES AND EXPENSES

5

(INCLUDING TRANSFER OF TRUST FUNDS)

6

For necessary expenses to carry out functions of the

7 Office of Personnel Management (OPM) pursuant to Re8 organization Plan Numbered 2 of 1978 and the Civil Serv9 ice Reform Act of 1978, including services as authorized 10 by 5 U.S.C. 3109; medical examinations performed for 11 veterans by private physicians on a fee basis; rental of con12 ference rooms in the District of Columbia and elsewhere; 13 hire of passenger motor vehicles; not to exceed $2,500 for 14 official reception and representation expenses; advances 15 for reimbursements to applicable funds of OPM and the 16 Federal Bureau of Investigation for expenses incurred 17 under Executive Order No. 10422 of January 9, 1953, 18 as amended; and payment of per diem and/or subsistence 19 allowances to employees where Voting Rights Act activities 20 require an employee to remain overnight at his or her post 21 of duty, $95,757,000, of which $5,704,000 shall remain 22 available until expended for the Enterprise Human Re23 sources Integration project, of which $642,000 may be for 24 strengthening the capacity and capabilities of the acquisi25 tion workforce (as defined by the Office of Federal Pro-

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530 1 curement Policy Act, as amended (41 U.S.C. 4001 et 2 seq.)), including the recruitment, hiring, training, and re3 tention of such workforce and information technology in 4 support of acquisition workforce effectiveness or for man5 agement solutions to improve acquisition management, 6 and of which $1,345,000 shall remain available until ex7 pended for the Human Resources Line of Business 8 project; and in addition $118,578,000 for administrative 9 expenses, to be transferred from the appropriate trust 10 funds of OPM without regard to other statutes, including 11 direct procurement of printed materials, for the retirement 12 and insurance programs of which $2,600,000 shall remain 13 available until expended for a retirement case manage14 ment system: Provided, That the provisions of this appro15 priation shall not affect the authority to use applicable 16 trust funds as provided by sections 8348(a)(1)(B), and 17 9004(f)(2)(A) of title 5, United States Code: Provided fur18 ther, That no part of this appropriation shall be available 19 for salaries and expenses of the Legal Examining Unit of 20 OPM established pursuant to Executive Order No. 9358 21 of July 1, 1943, or any successor unit of like purpose: 22 Provided further, That the President’s Commission on 23 White House Fellows, established by Executive Order No. 24 11183 of October 3, 1964, may, during fiscal year 2014, 25 accept donations of money, property, and personal serv-

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531 1 ices: Provided further, That such donations, including 2 those from prior years, may be used for the development 3 of publicity materials to provide information about the 4 White House Fellows, except that no such donations shall 5 be accepted for travel or reimbursement of travel expenses, 6 or for the salaries of employees of such Commission. 7

OFFICE OF INSPECTOR GENERAL

8

SALARIES AND EXPENSES

9

(INCLUDING TRANSFER OF TRUST FUNDS)

10

For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector 12 General Act of 1978, including services as authorized by 13 5 U.S.C. 3109, hire of passenger motor vehicles, 14 $4,684,000, and in addition, not to exceed $21,340,000 15 for administrative expenses to audit, investigate, and pro16 vide other oversight of the Office of Personnel Manage17 ment’s retirement and insurance programs, to be trans18 ferred from the appropriate trust funds of the Office of 19 Personnel Management, as determined by the Inspector 20 General and in addition, not to exceed $6,600,000 as de21 termined by the Inspector General, for administrative ex22 penses to audit, investigate, and provide other oversight 23 of the activities of the revolving fund established under 24 section 1304(e) of title 5, United States Code, and the 25 programs and activities of the Office of Personnel Man-

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532 1 agement carried out using amounts made available from 2 such revolving fund, to be transferred from such revolving 3 fund: Provided, That the Inspector General is authorized 4 to rent conference rooms in the District of Columbia and 5 elsewhere. 6

OFFICE

7

OF

SPECIAL COUNSEL

SALARIES AND EXPENSES

8

For necessary expenses to carry out functions of the

9 Office of Special Counsel pursuant to Reorganization Plan 10 Numbered 2 of 1978, the Civil Service Reform Act of 11 1978 (Public Law 95–454), the Whistleblower Protection 12 Act of 1989 (Public Law 101–12) as amended by Public 13 Law 107–304, the Whistleblower Protection Enhancement 14 Act of 2012 (Public Law 112–199), and the Uniformed 15 Services Employment and Reemployment Rights Act of 16 1994 (Public Law 103–353), including services as author17 ized by 5 U.S.C. 3109, payment of fees and expenses for 18 witnesses, rental of conference rooms in the District of Co19 lumbia and elsewhere, and hire of passenger motor vehi20 cles; $20,639,000: Provided, That, notwithstanding any 21 other provision of law, not to exceed $125,000 of available 22 balances of expired fiscal year 2009 through fiscal year 23 2013 appropriations provided under this heading shall be 24 available for any obligation incurred in fiscal year 2014.

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533 1

POSTAL REGULATORY COMMISSION

2

SALARIES AND EXPENSES

3

(INCLUDING TRANSFER OF FUNDS)

4

For necessary expenses of the Postal Regulatory

5 Commission in carrying out the provisions of the Postal 6 Accountability and Enhancement Act (Public Law 109– 7 435), $14,152,000, to be derived by transfer from the 8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 10

PRIVACY

AND

11

CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

12

For necessary expenses of the Privacy and Civil Lib-

13 erties Oversight Board, as authorized by section 1061 of 14 the Intelligence Reform and Terrorism Prevention Act of 15 2004 (42 U.S.C. 2000ee), $3,100,000, to remain available 16 until September 30, 2015. 17

RECOVERY ACCOUNTABILITY

18

BOARD

19

SALARIES AND EXPENSES

20

AND

TRANSPARENCY

For necessary expenses of the Recovery Account-

21 ability and Transparency Board to carry out the provi22 sions of title XV of the American Recovery and Reinvest23 ment Act of 2009 (Public Law 111–5), and to develop and 24 test information technology resources and oversight mech25 anisms to enhance transparency of and detect and reme-

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534 1 diate waste, fraud, and abuse in Federal spending, and 2 to develop and use information technology resources and 3 oversight mechanisms to detect and remediate waste, 4 fraud, and abuse in obligation and expenditure of funds 5 as described in section 904(d) of the Disaster Relief Ap6 propriations Act, 2013 (Public Law 113–2), which shall 7 be administered under the terms and conditions of the ac8 countability authorities of title XV of Public Law 111– 9 5, $20,000,000. 10

SECURITIES

11

AND

EXCHANGE COMMISSION

SALARIES AND EXPENSES

12

For necessary expenses for the Securities and Ex-

13 change Commission, including services as authorized by 14 5 U.S.C. 3109, the rental of space (to include multiple 15 year leases) in the District of Columbia and elsewhere, and 16 not to exceed $3,500 for official reception and representa17 tion expenses, $1,350,000,000, to remain available until 18 expended; of which not less than $7,092,000 shall be for 19 the Office of Inspector General; of which not to exceed 20 $50,000 shall be available for a permanent secretariat for 21 the International Organization of Securities Commissions; 22 of which not to exceed $100,000 shall be available for ex23 penses for consultations and meetings hosted by the Com24 mission with foreign governmental and other regulatory 25 officials, members of their delegations and staffs to ex-

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535 1 change views concerning securities matters, such expenses 2 to include necessary logistic and administrative expenses 3 and the expenses of Commission staff and foreign invitees 4 in attendance including: (1) incidental expenses such as 5 meals; (2) travel and transportation; and (3) related lodg6 ing or subsistence; and of which not less than $44,353,000 7 shall be for the Division of Economic and Risk Analysis: 8 Provided, That fees and charges authorized by section 31 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) 10 shall be credited to this account as offsetting collections: 11 Provided further, That not to exceed $1,350,000,000 of 12 such offsetting collections shall be available until expended 13 for necessary expenses of this account: Provided further, 14 That the total amount appropriated under this heading 15 from the general fund for fiscal year 2014 shall be reduced 16 as such offsetting fees are received so as to result in a 17 final total fiscal year 2014 appropriation from the general 18 fund estimated at not more than $0. 19

SELECTIVE SERVICE SYSTEM

20

SALARIES AND EXPENSES

21

For necessary expenses of the Selective Service Sys-

22 tem, including expenses of attendance at meetings and of 23 training for uniformed personnel assigned to the Selective 24 Service System, as authorized by 5 U.S.C. 4101–4118 for 25 civilian employees; hire of passenger motor vehicles; serv-

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536 1 ices as authorized by 5 U.S.C. 3109; and not to exceed 2 $750 for official reception and representation expenses; 3 $22,900,000: Provided, That during the current fiscal 4 year, the President may exempt this appropriation from 5 the provisions of 31 U.S.C. 1341, whenever the President 6 deems such action to be necessary in the interest of na7 tional defense: Provided further, That none of the funds 8 appropriated by this Act may be expended for or in con9 nection with the induction of any person into the Armed 10 Forces of the United States. 11

SMALL BUSINESS ADMINISTRATION

12

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

13

For necessary expenses of programs supporting en-

14 trepreneurial and small business development as author15 ized by Public Law 108–447, $196,165,000: Provided, 16 That $113,625,000 shall be available to fund grants for 17 performance in fiscal year 2014 or fiscal year 2015 as au18 thorized by section 21 of the Small Business Act, to re19 main available until September 30, 2015: Provided further, 20 That $20,000,000 shall remain available until September 21 30, 2015 for marketing, management, and technical as22 sistance under section 7(m) of the Small Business Act (15 23 U.S.C.

636(m)(4))

by

intermediaries

that

make

24 microloans under the microloan program: Provided fur25 ther, That $8,000,000 shall be available for grants to

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537 1 States for fiscal year 2014 to carry out export programs 2 that assist small business concerns authorized under sec3 tion 1207 of Public Law 111–240. 4

SALARIES AND EXPENSES

5

For necessary expenses, not otherwise provided for,

6 of the Small Business Administration, including hire of 7 passenger motor vehicles as authorized by sections 1343 8 and 1344 of title 31, United States Code, and not to ex9 ceed $3,500 for official reception and representation ex10 penses, $250,000,000, of which not less than $12,000,000 11 shall be available for examinations, reviews, and other 12 lender oversight activities: Provided, That the Adminis13 trator is authorized to charge fees to cover the cost of pub14 lications developed by the Small Business Administration, 15 and certain loan program activities, including fees author16 ized by section 5(b) of the Small Business Act: Provided 17 further, That, notwithstanding 31 U.S.C. 3302, revenues 18 received from all such activities shall be credited to this 19 account, to remain available until expended, for carrying 20 out these purposes without further appropriations: Pro21 vided further, That the Small Business Administration 22 may accept gifts in an amount not to exceed $4,000,000 23 and may co-sponsor activities, each in accordance with sec24 tion 132(a) of division K of Public Law 108–447, during 25 fiscal year 2014: Provided further, That $6,100,000 shall

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538 1 be available for the Loan Modernization and Accounting 2 System, to be available until September 30, 2015: Pro3 vided further, That $2,000,000 shall be for the Federal 4 and State Technology Partnership Program under section 5 34 of the Small Business Act (15 U.S.C. 657d). 6

OFFICE OF INSPECTOR GENERAL

7

For necessary expenses of the Office of Inspector

8 General in carrying out the provisions of the Inspector 9 General Act of 1978, $19,000,000. 10

OFFICE OF ADVOCACY

11

For necessary expenses of the Office of Advocacy in

12 carrying out the provisions of title II of Public Law 94– 13 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi14 bility Act of 1980 (5 U.S.C. 601 et seq.), $8,750,000, to 15 remain available until expended. 16

BUSINESS LOANS PROGRAM ACCOUNT

17

(INCLUDING TRANSFER OF FUNDS)

18

For the cost of direct loans, $4,600,000, to remain

19 available until expended, and for the cost of guaranteed 20 loans as authorized by section 503 of the Small Business 21 Investment

Act

of

1958

(Public

Law

85–699),

22 $107,000,000, to remain available until expended: Pro23 vided, That such costs, including the cost of modifying 24 such loans, shall be as defined in section 502 of the Con25 gressional Budget Act of 1974: Provided further, That

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539 1 subject to section 502 of the Congressional Budget Act 2 of 1974, during fiscal year 2014 commitments to guar3 antee loans under section 503 of the Small Business In4 vestment Act of 1958 shall not exceed $7,500,000,000: 5 Provided further, That during fiscal year 2014 commit6 ments for general business loans authorized under section 7 7(a) of the Small Business Act shall not exceed 8 $17,500,000,000 for a combination of amortizing term 9 loans and the aggregated maximum line of credit provided 10 by revolving loans: Provided further, That during fiscal 11 year 2014 commitments to guarantee loans for debentures 12 under section 303(b) of the Small Business Investment 13 Act of 1958 shall not exceed $4,000,000,000: Provided 14 further, That during fiscal year 2014, guarantees of trust 15 certificates authorized by section 5(g) of the Small Busi16 ness Act shall not exceed a principal amount of 17 $12,000,000,000. In addition, for administrative expenses 18 to carry out the direct and guaranteed loan programs, 19 $151,560,000, which may be transferred to and merged 20 with the appropriations for Salaries and Expenses. 21

DISASTER LOANS PROGRAM ACCOUNT

22

(INCLUDING TRANSFERS OF FUNDS)

23

For administrative expenses to carry out the direct

24 loan program authorized by section 7(b) of the Small 25 Business Act, $191,900,000, to be available until ex-

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540 1 pended, of which $1,000,000 is for the Office of Inspector 2 General of the Small Business Administration for audits 3 and reviews of disaster loans and the disaster loan pro4 grams and shall be transferred to and merged with the 5 appropriations for the Office of Inspector General; of 6 which $181,900,000 is for direct administrative expenses 7 of loan making and servicing to carry out the direct loan 8 program, which may be transferred to and merged with 9 the appropriations for Salaries and Expenses; and of 10 which $9,000,000 is for indirect administrative expenses 11 for the direct loan program, which may be transferred to 12 and merged with the appropriations for Salaries and Ex13 penses. 14

ADMINISTRATIVE PROVISION—SMALL BUSINESS

15

ADMINISTRATION

16

(INCLUDING TRANSFER OF FUNDS)

17

SEC. 530. Not to exceed 5 percent of any appropria-

18 tion made available for the current fiscal year for the 19 Small Business Administration in this Act may be trans20 ferred between such appropriations, but no such appro21 priation shall be increased by more than 10 percent by 22 any such transfers: Provided, That any transfer pursuant 23 to this paragraph shall be treated as a reprogramming of 24 funds under section 608 of this Act and shall not be avail-

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541 1 able for obligation or expenditure except in compliance 2 with the procedures set forth in that section. 3

UNITED STATES POSTAL SERVICE

4

PAYMENT TO THE POSTAL SERVICE FUND

5

For payment to the Postal Service Fund for revenue

6 forgone on free and reduced rate mail, pursuant to sub7 sections (c) and (d) of section 2401 of title 39, United 8 States Code, $70,751,000, which shall not be available for 9 obligation until October 1, 2014: Provided, That mail for 10 overseas voting and mail for the blind shall continue to 11 be free: Provided further, That 6-day delivery and rural 12 delivery of mail shall continue at not less than the 1983 13 level: Provided further, That none of the funds made avail14 able to the Postal Service by this Act shall be used to im15 plement any rule, regulation, or policy of charging any of16 ficer or employee of any State or local child support en17 forcement agency, or any individual participating in a 18 State or local program of child support enforcement, a fee 19 for information requested or provided concerning an ad20 dress of a postal customer: Provided further, That none 21 of the funds provided in this Act shall be used to consoli22 date or close small rural and other small post offices in 23 fiscal year 2014.

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542 1

OFFICE OF INSPECTOR GENERAL

2

SALARIES AND EXPENSES

3

(INCLUDING TRANSFER OF FUNDS)

4

For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector 6 General Act of 1978, $241,468,000, to be derived by 7 transfer from the Postal Service Fund and expended as 8 authorized by section 603(b)(3) of the Postal Account9 ability and Enhancement Act (Public Law 109–435). 10

UNITED STATES TAX COURT

11

SALARIES AND EXPENSES

12

For necessary expenses, including contract reporting

13 and other services as authorized by 5 U.S.C. 3109, 14 $53,453,000: Provided, That travel expenses of the judges 15 shall be paid upon the written certificate of the judge.

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543 1

TITLE VI

2

GENERAL PROVISIONS—THIS ACT

3

(INCLUDING RESCISSION)

4

SEC. 601. None of the funds in this Act shall be used

5 for the planning or execution of any program to pay the 6 expenses of, or otherwise compensate, non-Federal parties 7 intervening in regulatory or adjudicatory proceedings 8 funded in this Act. 9

SEC. 602. None of the funds appropriated in this Act

10 shall remain available for obligation beyond the current 11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 13

SEC. 603. The expenditure of any appropriation

14 under this Act for any consulting service through procure15 ment contract pursuant to 5 U.S.C. 3109, shall be limited 16 to those contracts where such expenditures are a matter 17 of public record and available for public inspection, except 18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law. 20

SEC. 604. None of the funds made available in this

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except 23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act.

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544 1

SEC. 605. None of the funds made available by this

2 Act shall be available for any activity or for paying the 3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 7 the Tariff Act of 1930 (19 U.S.C. 1307). 8

SEC. 606. No funds appropriated pursuant to this

9 Act may be expended by an entity unless the entity agrees 10 that in expending the assistance the entity will comply 11 with chapter 83 of title 41, United States Code. 12

SEC. 607. No funds appropriated or otherwise made

13 available under this Act shall be made available to any 14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code. 16

SEC. 608. Except as otherwise provided in this Act,

17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2014, or provided from any ac21 counts in the Treasury derived by the collection of fees 22 and available to the agencies funded by this Act, shall be 23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 25 (2) eliminates a program, project, or activity; (3) increases

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545 1 funds or personnel for any program, project, or activity 2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 5 House of Representatives or the Senate for a different 6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 14 or restructuring of offices, programs, or activities, each 15 agency or entity funded in this Act shall consult with the 16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 18 than 60 days after the date of enactment of this Act, each 19 agency funded by this Act shall submit a report to the 20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 23 current fiscal year: Provided further, That at a minimum 24 the report shall include: (1) a table for each appropriation 25 with a separate column to display the President’s budget

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546 1 request, adjustments made by Congress, adjustments due 2 to enacted rescissions, if appropriate, and the fiscal year 3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 7 special congressional interest: Provided further, That the 8 amount appropriated or limited for salaries and expenses 9 for an agency shall be reduced by $100,000 per day for 10 each day after the required date that the report has not 11 been submitted to the Congress. 12

SEC. 609. Except as otherwise specifically provided

13 by law, not to exceed 50 percent of unobligated balances 14 remaining available at the end of fiscal year 2014 from 15 appropriations made available for salaries and expenses 16 for fiscal year 2014 in this Act, shall remain available 17 through September 30, 2015, for each such account for 18 the purposes authorized: Provided, That a request shall 19 be submitted to the Committees on Appropriations of the 20 House of Representatives and the Senate for approval 21 prior to the expenditure of such funds: Provided further, 22 That these requests shall be made in compliance with re23 programming guidelines. 24

SEC. 610. None of the funds made available in this

25 Act may be used by the Executive Office of the President

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547 1 to request from the Federal Bureau of Investigation any 2 official background investigation report on any individual, 3 except when— 4

(1) such individual has given his or her express

5

written consent for such request not more than 6

6

months prior to the date of such request and during

7

the same presidential administration; or

8

(2) such request is required due to extraor-

9

dinary circumstances involving national security.

10

SEC. 611. The cost accounting standards promul-

11 gated under chapter 15 of title 41, United States Code 12 shall not apply with respect to a contract under the Fed13 eral Employees Health Benefits Program established 14 under chapter 89 of title 5, United States Code. 15

SEC. 612. For the purpose of resolving litigation and

16 implementing any settlement agreements regarding the 17 nonforeign area cost-of-living allowance program, the Of18 fice of Personnel Management may accept and utilize 19 (without regard to any restriction on unanticipated travel 20 expenses imposed in an Appropriations Act) funds made 21 available to the Office of Personnel Management pursuant 22 to court approval. 23

SEC. 613. No funds appropriated by this Act shall

24 be available to pay for an abortion, or the administrative 25 expenses in connection with any health plan under the

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548 1 Federal employees health benefits program which provides 2 any benefits or coverage for abortions. 3

SEC. 614. The provision of section 613 shall not

4 apply where the life of the mother would be endangered 5 if the fetus were carried to term, or the pregnancy is the 6 result of an act of rape or incest. 7

SEC. 615. In order to promote Government access to

8 commercial information technology, the restriction on pur9 chasing nondomestic articles, materials, and supplies set 10 forth in chapter 83 of title 41, United States Code (popu11 larly known as the Buy American Act), shall not apply 12 to the acquisition by the Federal Government of informa13 tion technology (as defined in section 11101 of title 40, 14 United States Code), that is a commercial item (as defined 15 in section 103 of title 41, United States Code). 16

SEC. 616. Notwithstanding section 1353 of title 31,

17 United States Code, no officer or employee of any regu18 latory agency or commission funded by this Act may ac19 cept on behalf of that agency, nor may such agency or 20 commission accept, payment or reimbursement from a 21 non-Federal entity for travel, subsistence, or related ex22 penses for the purpose of enabling an officer or employee 23 to attend and participate in any meeting or similar func24 tion relating to the official duties of the officer or em25 ployee when the entity offering payment or reimbursement

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549 1 is a person or entity subject to regulation by such agency 2 or commission, or represents a person or entity subject 3 to regulation by such agency or commission, unless the 4 person or entity is an organization described in section 5 501(c)(3) of the Internal Revenue Code of 1986 and ex6 empt from tax under section 501(a) of such Code. 7

SEC. 617. Notwithstanding section 708 of this Act,

8 funds made available to the Commodity Futures Trading 9 Commission and the Securities and Exchange Commission 10 by this or any other Act may be used for the interagency 11 funding and sponsorship of a joint advisory committee to 12 advise on emerging regulatory issues. 13

SEC. 618. Not later than 45 days after the end of

14 each quarter, the Department of the Treasury, the Execu15 tive Office of the President, the Judiciary, the Federal 16 Communications Commission, the Federal Trade Commis17 sion, the General Services Administration, the National 18 Archives and Records Administration, the Securities and 19 Exchange Commission, and the Small Business Adminis20 tration shall provide the Committees on Appropriations of 21 the House of Representatives and the Senate a quarterly 22 accounting of the cumulative balances of any unobligated 23 funds that were received by such agency during any pre24 vious fiscal year.

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550 1

SEC. 619. (a)(1) Notwithstanding any other provision

2 of law, an Executive agency covered by this Act otherwise 3 authorized to enter into contracts for either leases or the 4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General 6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the 8 case of succeeding leases, before entering into negotiations 9 with the current lessor. 10

(2) Any such agency with authority to enter into an

11 emergency lease may do so during any period declared by 12 the President to require emergency leasing authority with 13 respect to such agency. 14

(b) For purposes of this section, the term ‘‘Executive

15 agency covered by this Act’’ means any Executive agency 16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal 18 Service. 19

SEC. 620. None of the funds made available in this

20 Act may be used by the Federal Trade Commission to 21 complete the draft report entitled ‘‘Interagency Working 22 Group on Food Marketed to Children: Preliminary Pro23 posed Nutrition Principles to Guide Industry Self-Regu24 latory Efforts’’ unless the Interagency Working Group on

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551 1 Food Marketed to Children complies with Executive Order 2 No. 13563. 3

SEC. 621. None of the funds made available by this

4 Act may be used to pay the salaries and expenses for the 5 following positions: 6

(1) Director, White House Office of Health Re-

7

form.

8

(2) Assistant to the President for Energy and

9

Climate Change.

10

(3) Senior Advisor to the Secretary of the

11

Treasury assigned to the Presidential Task Force on

12

the Auto Industry and Senior Counselor for Manu-

13

facturing Policy.

14

(4) White House Director of Urban Affairs.

15

SEC. 622. None of the funds made available by this

16 Act may be used to enter into a contract, memorandum 17 of understanding, or cooperative agreement with, make a 18 grant to, or provide a loan or loan guarantee to, any cor19 poration that has any unpaid Federal tax liability that has 20 been assessed, for which all judicial and administrative 21 remedies have been exhausted or have lapsed, and that 22 is not being paid in a timely manner pursuant to an agree23 ment with the authority responsible for collecting the tax 24 liability, where the awarding agency is aware of the unpaid 25 tax liability, unless the Federal agency has considered sus-

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552 1 pension or debarment of the corporation and has made 2 a determination that this further action is not necessary 3 to protect the interests of the Government. 4

SEC. 623. None of the funds made available by this

5 Act may be used to enter into a contract, memorandum 6 of understanding, or cooperative agreement with, make a 7 grant to, or provide a loan or loan guarantee to, any cor8 poration that was convicted of a felony criminal violation 9 under any Federal law within the preceding 24 months, 10 where the awarding agency is aware of the conviction, un11 less the Federal agency has considered suspension or de12 barment of the corporation and has made a determination 13 that this further action is not necessary to protect the in14 terests of the Government. 15

SEC. 624. (a) There are appropriated for the fol-

16 lowing activities the amounts required under current law: 17

(1) Compensation of the President (3 U.S.C.

18

102).

19

(2) Payments to—

20

(A) the Judicial Officers’ Retirement Fund

21

(28 U.S.C. 377(o));

22

(B) the Judicial Survivors’ Annuities Fund

23

(28 U.S.C. 376(c)); and

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553 1

(C) the United States Court of Federal

2

Claims Judges’ Retirement Fund (28 U.S.C.

3

178(l)).

4

(3) Payment of Government contributions—

5

(A) with respect to the health benefits of

6

retired employees, as authorized by chapter 89

7

of title 5, United States Code, and the Retired

8

Federal Employees Health Benefits Act (74

9

Stat. 849); and

10

(B) with respect to the life insurance bene-

11

fits for employees retiring after December 31,

12

1989 (5 U.S.C. ch. 87).

13

(4) Payment to finance the unfunded liability of

14

new and increased annuity benefits under the Civil

15

Service Retirement and Disability Fund (5 U.S.C.

16

8348).

17

(5) Payment of annuities authorized to be paid

18

from the Civil Service Retirement and Disability

19

Fund by statutory provisions other than subchapter

20

III of chapter 83 or chapter 84 of title 5, United

21

States Code.

22

(b) Nothing in this section may be construed to ex-

23 empt any amount appropriated by this section from any 24 otherwise applicable limitation on the use of funds con25 tained in this Act.

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554 1

SEC. 625. None of the funds made available in this

2 Act may be used by the Federal Communications Commis3 sion to remove the conditions imposed on commercial ter4 restrial operations in the Order and Authorization adopted 5 by the Commission on January 26, 2011 (DA 11–133), 6 or otherwise permit such operations, until the Commission 7 has resolved concerns of potential widespread harmful in8 terference by such commercial terrestrial operations to 9 commercially available Global Positioning System devices. 10

SEC. 626. The Public Company Accounting Oversight

11 Board shall have authority to obligate funds for the schol12 arship program established by section 109(c)(2) of the 13 Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an 14 aggregate amount not exceeding the amount of funds col15 lected by the Board as of December 31, 2013, including 16 accrued interest, as a result of the assessment of monetary 17 penalties. Funds available for obligation in fiscal year 18 2014 shall remain available until expended. 19

SEC. 627. (a) Section 1511 of title XV of division

20 A of the American Recovery and Reinvestment Act of 21 2009 (Public Law 111–5) (‘‘Act’’) is amended by striking, 22 ‘‘and linked to the website established by section 1526’’. 23

(b)(1) Subsection (c) and subsections (e) through (h)

24 of section 1512 of the Act are repealed effective February 25 1, 2014.

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555 1

(2) Subsection (d) of section 1512 of the Act is

2 amended to read as follows: 3

‘‘(d) AGENCY REPORTS.—Starting February 1, 2014,

4 each agency that made recovery funds available to any re5 cipient shall make available to the public detailed spending 6 data as prescribed by the Office of Management and 7 Budget and pursuant to the Federal Funding Account8 ability and Transparency Act of 2006 (Public Law 109– 9 282).’’. 10

(c) Subsection (a) of section 1514 of the Act is

11 amended by striking ‘‘and linked to the website established 12 by section 1526’’. 13

(d) Subparagraph (A) of section 1523(b)(4) of the

14 Act is amended by striking ‘‘the website established by 15 section 1526’’ and inserting ‘‘a public website’’. 16

(e) Sections 1526 and 1554 of the Act are repealed.

17

(f) Section 1530 of the Act is amended by striking

18 ‘‘2013’’ and inserting ‘‘2015’’. 19

SEC. 628. From the unobligated balances available

20 in the Securities and Exchange Commission Reserve Fund 21 established by section 991 of the Dodd-Frank Wall Street 22 Reform and Consumer Protection Act (Public Law 111– 23 203), $25,000,000 are rescinded.

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556 1

TITLE VII

2

GENERAL PROVISIONS—GOVERNMENT-WIDE

3

DEPARTMENTS, AGENCIES,

4

AND

CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

5

SEC. 701. No department, agency, or instrumentality

6 of the United States receiving appropriated funds under 7 this or any other Act for fiscal year 2014 shall obligate 8 or expend any such funds, unless such department, agen9 cy, or instrumentality has in place, and will continue to 10 administer in good faith, a written policy designed to en11 sure that all of its workplaces are free from the illegal 12 use, possession, or distribution of controlled substances 13 (as defined in the Controlled Substances Act (21 U.S.C. 14 802)) by the officers and employees of such department, 15 agency, or instrumentality. 16

SEC. 702. Unless otherwise specifically provided, the

17 maximum amount allowable during the current fiscal year 18 in accordance with subsection 1343(c) of title 31, United 19 States Code, for the purchase of any passenger motor ve20 hicle (exclusive of buses, ambulances, law enforcement, 21 and undercover surveillance vehicles), is hereby fixed at 22 $13,197 except station wagons for which the maximum 23 shall be $13,631: Provided, That these limits may be ex24 ceeded by not to exceed $3,700 for police-type vehicles, 25 and by not to exceed $4,000 for special heavy-duty vehi-

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557 1 cles: Provided further, That the limits set forth in this sec2 tion may not be exceeded by more than 5 percent for elec3 tric or hybrid vehicles purchased for demonstration under 4 the provisions of the Electric and Hybrid Vehicle Re5 search, Development, and Demonstration Act of 1976: 6 Provided further, That the limits set forth in this section 7 may be exceeded by the incremental cost of clean alter8 native fuels vehicles acquired pursuant to Public Law 9 101–549 over the cost of comparable conventionally fueled 10 vehicles: Provided further, That the limits set forth in this 11 section shall not apply to any vehicle that is a commercial 12 item and which operates on emerging motor vehicle tech13 nology, including but not limited to electric, plug-in hybrid 14 electric, and hydrogen fuel cell vehicles. 15

SEC. 703. Appropriations of the executive depart-

16 ments and independent establishments for the current fis17 cal year available for expenses of travel, or for the ex18 penses of the activity concerned, are hereby made available 19 for quarters allowances and cost-of-living allowances, in 20 accordance with 5 U.S.C. 5922–5924. 21

SEC. 704. Unless otherwise specified during the cur-

22 rent fiscal year, no part of any appropriation contained 23 in this or any other Act shall be used to pay the compensa24 tion of any officer or employee of the Government of the 25 United States (including any agency the majority of the

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558 1 stock of which is owned by the Government of the United 2 States) whose post of duty is in the continental United 3 States unless such person: (1) is a citizen of the United 4 States; (2) is a person who is lawfully admitted for perma5 nent residence and is seeking citizenship as outlined in 8 6 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted 7 as a refugee under 8 U.S.C. 1157 or is granted asylum 8 under 8 U.S.C. 1158 and has filed a declaration of inten9 tion to become a lawful permanent resident and then a 10 citizen when eligible; or (4) is a person who owes alle11 giance to the United States: Provided, That for purposes 12 of this section, affidavits signed by any such person shall 13 be considered prima facie evidence that the requirements 14 of this section with respect to his or her status are being 15 complied with: Provided further, That for purposes of sub16 sections (2) and (3) such affidavits shall be submitted 17 prior to employment and updated thereafter as necessary: 18 Provided further, That any person making a false affidavit 19 shall be guilty of a felony, and upon conviction, shall be 20 fined no more than $4,000 or imprisoned for not more 21 than 1 year, or both: Provided further, That the above 22 penal clause shall be in addition to, and not in substitution 23 for, any other provisions of existing law: Provided further, 24 That any payment made to any officer or employee con25 trary to the provisions of this section shall be recoverable

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559 1 in action by the Federal Government: Provided further, 2 That this section shall not apply to any person who is an 3 officer or employee of the Government of the United 4 States on the date of enactment of this Act, or to inter5 national broadcasters employed by the Broadcasting 6 Board of Governors, or to temporary employment of trans7 lators, or to temporary employment in the field service 8 (not to exceed 60 days) as a result of emergencies: Pro9 vided further, That this section does not apply to the em10 ployment as Wildland firefighters for not more than 120 11 days of nonresident aliens employed by the Department 12 of the Interior or the USDA Forest Service pursuant to 13 an agreement with another country. 14

SEC. 705. Appropriations available to any depart-

15 ment or agency during the current fiscal year for nec16 essary expenses, including maintenance or operating ex17 penses, shall also be available for payment to the General 18 Services Administration for charges for space and services 19 and those expenses of renovation and alteration of build20 ings and facilities which constitute public improvements 21 performed in accordance with the Public Buildings Act of 22 1959 (73 Stat. 479), the Public Buildings Amendments 23 of 1972 (86 Stat. 216), or other applicable law. 24

SEC. 706. In addition to funds provided in this or

25 any other Act, all Federal agencies are authorized to re-

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560 1 ceive and use funds resulting from the sale of materials, 2 including Federal records disposed of pursuant to a 3 records schedule recovered through recycling or waste pre4 vention programs. Such funds shall be available until ex5 pended for the following purposes: 6

(1) Acquisition, waste reduction and prevention,

7

and recycling programs as described in Executive

8

Order No. 13423 (January 24, 2007), including any

9

such programs adopted prior to the effective date of

10

the Executive order.

11

(2) Other Federal agency environmental man-

12

agement programs, including, but not limited to, the

13

development and implementation of hazardous waste

14

management and pollution prevention programs.

15

(3) Other employee programs as authorized by

16

law or as deemed appropriate by the head of the

17

Federal agency.

18

SEC. 707. Funds made available by this or any other

19 Act for administrative expenses in the current fiscal year 20 of the corporations and agencies subject to chapter 91 of 21 title 31, United States Code, shall be available, in addition 22 to objects for which such funds are otherwise available, 23 for rent in the District of Columbia; services in accordance 24 with 5 U.S.C. 3109; and the objects specified under this 25 head, all the provisions of which shall be applicable to the

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561 1 expenditure of such funds unless otherwise specified in the 2 Act by which they are made available: Provided, That in 3 the event any functions budgeted as administrative ex4 penses are subsequently transferred to or paid from other 5 funds, the limitations on administrative expenses shall be 6 correspondingly reduced. 7

SEC. 708. No part of any appropriation contained in

8 this or any other Act shall be available for interagency 9 financing of boards (except Federal Executive Boards), 10 commissions, councils, committees, or similar groups 11 (whether or not they are interagency entities) which do 12 not have a prior and specific statutory approval to receive 13 financial support from more than one agency or instru14 mentality. 15

SEC. 709. None of the funds made available pursuant

16 to the provisions of this Act shall be used to implement, 17 administer, or enforce any regulation which has been dis18 approved pursuant to a joint resolution duly adopted in 19 accordance with the applicable law of the United States. 20

SEC. 710. During the period in which the head of

21 any department or agency, or any other officer or civilian 22 employee of the Federal Government appointed by the 23 President of the United States, holds office, no funds may 24 be obligated or expended in excess of $5,000 to furnish 25 or redecorate the office of such department head, agency

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562 1 head, officer, or employee, or to purchase furniture or 2 make improvements for any such office, unless advance 3 notice of such furnishing or redecoration is transmitted 4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate. For the purposes of this sec6 tion, the term ‘‘office’’ shall include the entire suite of of7 fices assigned to the individual, as well as any other space 8 used primarily by the individual or the use of which is 9 directly controlled by the individual. 10

SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec-

11 tion 708 of this Act, funds made available for the current 12 fiscal year by this or any other Act shall be available for 13 the interagency funding of national security and emer14 gency preparedness telecommunications initiatives which 15 benefit multiple Federal departments, agencies, or enti16 ties, as provided by Executive Order No. 13618 (July 6, 17 2012). 18

SEC. 712. (a) None of the funds appropriated by this

19 or any other Act may be obligated or expended by any 20 Federal department, agency, or other instrumentality for 21 the salaries or expenses of any employee appointed to a 22 position of a confidential or policy-determining character 23 excepted from the competitive service pursuant to 5 24 U.S.C. 3302, without a certification to the Office of Per25 sonnel Management from the head of the Federal depart-

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563 1 ment, agency, or other instrumentality employing the 2 Schedule C appointee that the Schedule C position was 3 not created solely or primarily in order to detail the em4 ployee to the White House. 5

(b) The provisions of this section shall not apply to

6 Federal employees or members of the armed forces de7 tailed to or from— 8

(1) the Central Intelligence Agency;

9

(2) the National Security Agency;

10

(3) the Defense Intelligence Agency;

11

(4) the National Geospatial-Intelligence Agency;

12

(5) the offices within the Department of De-

13

fense for the collection of specialized national foreign

14

intelligence through reconnaissance programs;

15

(6) the Bureau of Intelligence and Research of

16

the Department of State;

17

(7) any agency, office, or unit of the Army,

18

Navy, Air Force, or Marine Corps, the Department

19

of Homeland Security, the Federal Bureau of Inves-

20

tigation or the Drug Enforcement Administration of

21

the Department of Justice, the Department of

22

Transportation, the Department of the Treasury, or

23

the Department of Energy performing intelligence

24

functions; or

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564 1

(8) the Director of National Intelligence or the

2

Office of the Director of National Intelligence.

3

SEC. 713. No part of any appropriation contained in

4 this or any other Act shall be available for the payment 5 of the salary of any officer or employee of the Federal 6 Government, who— 7

(1) prohibits or prevents, or attempts or threat-

8

ens to prohibit or prevent, any other officer or em-

9

ployee of the Federal Government from having any

10

direct oral or written communication or contact with

11

any Member, committee, or subcommittee of the

12

Congress in connection with any matter pertaining

13

to the employment of such other officer or employee

14

or pertaining to the department or agency of such

15

other officer or employee in any way, irrespective of

16

whether such communication or contact is at the ini-

17

tiative of such other officer or employee or in re-

18

sponse to the request or inquiry of such Member,

19

committee, or subcommittee; or

20

(2) removes, suspends from duty without pay,

21

demotes, reduces in rank, seniority, status, pay, or

22

performance or efficiency rating, denies promotion

23

to, relocates, reassigns, transfers, disciplines, or dis-

24

criminates in regard to any employment right, enti-

25

tlement, or benefit, or any term or condition of em-

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565 1

ployment of, any other officer or employee of the

2

Federal Government, or attempts or threatens to

3

commit any of the foregoing actions with respect to

4

such other officer or employee, by reason of any

5

communication or contact of such other officer or

6

employee with any Member, committee, or sub-

7

committee of the Congress as described in paragraph

8

(1).

9

SEC. 714. (a) None of the funds made available in

10 this or any other Act may be obligated or expended for 11 any employee training that— 12

(1) does not meet identified needs for knowl-

13

edge, skills, and abilities bearing directly upon the

14

performance of official duties;

15

(2) contains elements likely to induce high lev-

16

els of emotional response or psychological stress in

17

some participants;

18

(3) does not require prior employee notification

19

of the content and methods to be used in the train-

20

ing and written end of course evaluation;

21

(4) contains any methods or content associated

22

with religious or quasi-religious belief systems or

23

‘‘new age’’ belief systems as defined in Equal Em-

24

ployment

25

915.022, dated September 2, 1988; or

Opportunity

Commission

Notice

N–

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566 1

(5) is offensive to, or designed to change, par-

2

ticipants’ personal values or lifestyle outside the

3

workplace.

4

(b) Nothing in this section shall prohibit, restrict, or

5 otherwise preclude an agency from conducting training 6 bearing directly upon the performance of official duties. 7

SEC. 715. No part of any funds appropriated in this

8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda 11 purposes, and for the preparation, distribution or use of 12 any kit, pamphlet, booklet, publication, radio, television, 13 or film presentation designed to support or defeat legisla14 tion pending before the Congress, except in presentation 15 to the Congress itself. 16

SEC. 716. None of the funds appropriated by this or

17 any other Act may be used by an agency to provide a Fed18 eral employee’s home address to any labor organization 19 except when the employee has authorized such disclosure 20 or when such disclosure has been ordered by a court of 21 competent jurisdiction. 22

SEC. 717. None of the funds made available in this

23 Act or any other Act may be used to provide any non24 public information such as mailing, telephone or electronic 25 mailing lists to any person or any organization outside of

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567 1 the Federal Government without the approval of the Com2 mittees on Appropriations of the House of Representatives 3 and the Senate. 4

SEC. 718. No part of any appropriation contained in

5 this or any other Act shall be used directly or indirectly, 6 including by private contractor, for publicity or propa7 ganda purposes within the United States not heretofore 8 authorized by the Congress. 9

SEC. 719. (a) In this section, the term ‘‘agency’’—

10

(1) means an Executive agency, as defined

11

under 5 U.S.C. 105; and

12

(2) includes a military department, as defined

13

under section 102 of such title, the Postal Service,

14

and the Postal Regulatory Commission.

15

(b) Unless authorized in accordance with law or regu-

16 lations to use such time for other purposes, an employee 17 of an agency shall use official time in an honest effort 18 to perform official duties. An employee not under a leave 19 system, including a Presidential appointee exempted under 20 5 U.S.C. 6301(2), has an obligation to expend an honest 21 effort and a reasonable proportion of such employee’s time 22 in the performance of official duties. 23

SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec-

24 tion 708 of this Act, funds made available for the current 25 fiscal year by this or any other Act to any department

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568 1 or agency, which is a member of the Federal Accounting 2 Standards Advisory Board (FASAB), shall be available to 3 finance an appropriate share of FASAB administrative 4 costs. 5

SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec-

6 tion 708 of this Act, the head of each Executive depart7 ment and agency is hereby authorized to transfer to or 8 reimburse ‘‘General Services Administration, Government9 wide Policy’’ with the approval of the Director of the Of10 fice of Management and Budget, funds made available for 11 the current fiscal year by this or any other Act, including 12 rebates from charge card and other contracts: Provided, 13 That these funds shall be administered by the Adminis14 trator of General Services to support Government-wide 15 and other multi-agency financial, information technology, 16 procurement, and other management innovations, initia17 tives, and activities, as approved by the Director of the 18 Office of Management and Budget, in consultation with 19 the appropriate interagency and multi-agency groups des20 ignated by the Director (including the President’s Man21 agement Council for overall management improvement ini22 tiatives, the Chief Financial Officers Council for financial 23 management initiatives, the Chief Information Officers 24 Council for information technology initiatives, the Chief 25 Human Capital Officers Council for human capital initia-

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569 1 tives, the Chief Acquisition Officers Council for procure2 ment initiatives, and the Performance Improvement Coun3 cil for performance improvement initiatives): Provided fur4 ther, That the total funds transferred or reimbursed shall 5 not exceed $17,000,000 for Government-Wide innovations, 6 initiatives, and activities: Provided further, That the funds 7 transferred to or for reimbursement of ‘‘General Services 8 Administration, Government-wide Policy’’ during fiscal 9 year 2014 shall remain available for obligation through 10 September 30, 2015: Provided further, That such transfers 11 or reimbursements may only be made after 15 days fol12 lowing notification of the Committees on Appropriations 13 of the House of Representatives and the Senate by the 14 Director of the Office of Management and Budget. 15

SEC. 722. Notwithstanding any other provision of

16 law, a woman may breastfeed her child at any location 17 in a Federal building or on Federal property, if the woman 18 and her child are otherwise authorized to be present at 19 the location. 20

SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec-

21 tion 708 of this Act, funds made available for the current 22 fiscal year by this or any other Act shall be available for 23 the interagency funding of specific projects, workshops, 24 studies, and similar efforts to carry out the purposes of 25 the National Science and Technology Council (authorized

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570 1 by Executive Order No. 12881), which benefit multiple 2 Federal departments, agencies, or entities: Provided, That 3 the Office of Management and Budget shall provide a re4 port describing the budget of and resources connected with 5 the National Science and Technology Council to the Com6 mittees on Appropriations, the House Committee on 7 Science and Technology, and the Senate Committee on 8 Commerce, Science, and Transportation 90 days after en9 actment of this Act. 10

SEC. 724. Any request for proposals, solicitation,

11 grant application, form, notification, press release, or 12 other publications involving the distribution of Federal 13 funds shall indicate the agency providing the funds, the 14 Catalog of Federal Domestic Assistance Number, as appli15 cable, and the amount provided: Provided, That this provi16 sion shall apply to direct payments, formula funds, and 17 grants received by a State receiving Federal funds. 18

SEC. 725. (a) PROHIBITION

19 MONITORING

OF

FEDERAL AGENCY

OF INDIVIDUALS’ INTERNET

USE.—None of

20 the funds made available in this or any other Act may 21 be used by any Federal agency— 22

(1) to collect, review, or create any aggregation

23

of data, derived from any means, that includes any

24

personally identifiable information relating to an in-

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571 1

dividual’s access to or use of any Federal Govern-

2

ment Internet site of the agency; or

3

(2) to enter into any agreement with a third

4

party (including another government agency) to col-

5

lect, review, or obtain any aggregation of data, de-

6

rived from any means, that includes any personally

7

identifiable information relating to an individual’s

8

access to or use of any nongovernmental Internet

9

site.

10

(b) EXCEPTIONS.—The limitations established in

11 subsection (a) shall not apply to— 12

(1) any record of aggregate data that does not

13

identify particular persons;

14

(2) any voluntary submission of personally iden-

15

tifiable information;

16

(3) any action taken for law enforcement, regu-

17

latory, or supervisory purposes, in accordance with

18

applicable law; or

19

(4) any action described in subsection (a)(1)

20

that is a system security action taken by the oper-

21

ator of an Internet site and is necessarily incident

22

to providing the Internet site services or to pro-

23

tecting the rights or property of the provider of the

24

Internet site.

25

(c) DEFINITIONS.—For the purposes of this section:

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572 1

(1) The term ‘‘regulatory’’ means agency ac-

2

tions to implement, interpret or enforce authorities

3

provided in law.

4

(2) The term ‘‘supervisory’’ means examina-

5

tions of the agency’s supervised institutions, includ-

6

ing assessing safety and soundness, overall financial

7

condition, management practices and policies and

8

compliance with applicable standards as provided in

9

law.

10

SEC. 726. (a) None of the funds appropriated by this

11 Act may be used to enter into or renew a contract which 12 includes a provision providing prescription drug coverage, 13 except where the contract also includes a provision for con14 traceptive coverage. 15

(b) Nothing in this section shall apply to a contract

16 with— 17

(1) any of the following religious plans:

18

(A) Personal Care’s HMO; and

19

(B) OSF HealthPlans, Inc.; and

20

(2) any existing or future plan, if the carrier

21

for the plan objects to such coverage on the basis of

22

religious beliefs.

23

(c) In implementing this section, any plan that enters

24 into or renews a contract under this section may not sub25 ject any individual to discrimination on the basis that the

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573 1 individual refuses to prescribe or otherwise provide for 2 contraceptives because such activities would be contrary 3 to the individual’s religious beliefs or moral convictions. 4

(d) Nothing in this section shall be construed to re-

5 quire coverage of abortion or abortion-related services. 6

SEC. 727. The United States is committed to ensur-

7 ing the health of its Olympic, Pan American, and 8 Paralympic athletes, and supports the strict adherence to 9 anti-doping in sport through testing, adjudication, edu10 cation, and research as performed by nationally recognized 11 oversight authorities. 12

SEC. 728. Notwithstanding any other provision of

13 law, funds appropriated for official travel to Federal de14 partments and agencies may be used by such departments 15 and agencies, if consistent with Office of Management and 16 Budget Circular A–126 regarding official travel for Gov17 ernment personnel, to participate in the fractional aircraft 18 ownership pilot program. 19

SEC. 729. Notwithstanding any other provision of

20 law, none of the funds appropriated or made available 21 under this Act or any other appropriations Act may be 22 used to implement or enforce restrictions or limitations on 23 the Coast Guard Congressional Fellowship Program, or to 24 implement the proposed regulations of the Office of Per25 sonnel Management to add sections 300.311 through

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574 1 300.316 to part 300 of title 5 of the Code of Federal Reg2 ulations, published in the Federal Register, volume 68, 3 number 174, on September 9, 2003 (relating to the detail 4 of executive branch employees to the legislative branch). 5

SEC. 730. Notwithstanding any other provision of

6 law, no executive branch agency shall purchase, construct, 7 and/or lease any additional facilities, except within or con8 tiguous to existing locations, to be used for the purpose 9 of conducting Federal law enforcement training without 10 the advance approval of the Committees on Appropriations 11 of the House of Representatives and the Senate, except 12 that the Federal Law Enforcement Training Center is au13 thorized to obtain the temporary use of additional facilities 14 by lease, contract, or other agreement for training which 15 cannot be accommodated in existing Center facilities. 16

SEC. 731. Unless otherwise authorized by existing

17 law, none of the funds provided in this Act or any other 18 Act may be used by an executive branch agency to produce 19 any prepackaged news story intended for broadcast or dis20 tribution in the United States, unless the story includes 21 a clear notification within the text or audio of the pre22 packaged news story that the prepackaged news story was 23 prepared or funded by that executive branch agency. 24

SEC. 732. None of the funds made available in this

25 Act may be used in contravention of section 552a of title

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575 1 5, United States Code (popularly known as the Privacy 2 Act), and regulations implementing that section. 3

SEC. 733. (a) IN GENERAL.—None of the funds ap-

4 propriated or otherwise made available by this or any 5 other Act may be used for any Federal Government con6 tract with any foreign incorporated entity which is treated 7 as an inverted domestic corporation under section 835(b) 8 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 9 or any subsidiary of such an entity. 10

(b) WAIVERS.—

11

(1) IN

GENERAL.—Any

Secretary shall waive

12

subsection (a) with respect to any Federal Govern-

13

ment contract under the authority of such Secretary

14

if the Secretary determines that the waiver is re-

15

quired in the interest of national security.

16

(2) REPORT

TO

CONGRESS.—Any

Secretary

17

issuing a waiver under paragraph (1) shall report

18

such issuance to Congress.

19

(c) EXCEPTION.—This section shall not apply to any

20 Federal Government contract entered into before the date 21 of the enactment of this Act, or to any task order issued 22 pursuant to such contract. 23

SEC. 734. During fiscal year 2014, for each employee

24 who—

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576 1

(1)

2

retires

under

section

8336(d)(2)

or

8414(b)(1)(B) of title 5, United States Code, or

3

(2) retires under any other provision of sub-

4

chapter III of chapter 83 or chapter 84 of such title

5

5 and receives a payment as an incentive to sepa-

6

rate, the separating agency shall remit to the Civil

7

Service Retirement and Disability Fund an amount

8

equal to the Office of Personnel Management’s aver-

9

age unit cost of processing a retirement claim for

10

the preceding fiscal year. Such amounts shall be

11

available until expended to the Office of Personnel

12

Management and shall be deemed to be an adminis-

13

trative expense under section 8348(a)(1)(B) of title

14

5, United States Code.

15

SEC. 735. (a) None of the funds made available in

16 this or any other Act may be used to recommend or re17 quire any entity submitting an offer for a Federal contract 18 to disclose any of the following information as a condition 19 of submitting the offer: 20

(1) Any payment consisting of a contribution,

21

expenditure, independent expenditure, or disburse-

22

ment for an electioneering communication that is

23

made by the entity, its officers or directors, or any

24

of its affiliates or subsidiaries to a candidate for

25

election for Federal office or to a political com-

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577 1

mittee, or that is otherwise made with respect to any

2

election for Federal office.

3

(2) Any disbursement of funds (other than a

4

payment described in paragraph (1)) made by the

5

entity, its officers or directors, or any of its affiliates

6

or subsidiaries to any person with the intent or the

7

reasonable expectation that the person will use the

8

funds to make a payment described in paragraph

9

(1).

10

(b) In this section, each of the terms ‘‘contribution’’,

11 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election12 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 13 ‘‘Federal office’’ has the meaning given such term in the 14 Federal Election Campaign Act of 1971 (2 U.S.C. 431 15 et seq.). 16

SEC. 736. None of the funds made available in this

17 or any other Act may be used to pay for the painting of 18 a portrait of an officer or employee of the Federal govern19 ment, including the President, the Vice President, a mem20 ber of Congress (including a Delegate or a Resident Com21 missioner to Congress), the head of an executive branch 22 agency (as defined in section 133 of title 41, United States 23 Code), or the head of an office of the legislative branch. 24

SEC. 737. None of the funds appropriated or other-

25 wise made available by this or any other Act may be used

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578 1 to begin or announce a study or public-private competition 2 regarding the conversion to contractor performance of any 3 function performed by Federal employees pursuant to Of4 fice of Management and Budget Circular A–76 or any 5 other administrative regulation, directive, or policy. 6

SEC. 738. (a) For purposes of this section the fol-

7 lowing definitions apply: 8

(1) The terms ‘‘Great Lakes’’ and ‘‘Great

9

Lakes State’’ have the same meanings as such terms

10

have in section 506 of the Water Resources Develop-

11

ment Act of 2000 (42 U.S.C. 1962d–22).

12

(2) The term ‘‘Great Lakes restoration activi-

13

ties’’ means any Federal or State activity primarily

14

or entirely within the Great Lakes watershed that

15

seeks to improve the overall health of the Great

16

Lakes ecosystem.

17

(b) Hereafter, not later than 45 days after submis-

18 sion of the budget of the President to Congress, the Direc19 tor of the Office of Management and Budget, in coordina20 tion with the Governor of each Great Lakes State and the 21 Great Lakes Interagency Task Force, shall submit to the 22 appropriate authorizing and appropriating committees of 23 the Senate and the House of Representatives a financial 24 report, certified by the Secretary of each agency that has

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579 1 budget authority for Great Lakes restoration activities, 2 containing— 3

(1) an interagency budget crosscut report

4

that—

5

(A) displays the budget proposed, including

6

any planned interagency or intra-agency trans-

7

fer, for each of the Federal agencies that car-

8

ries out Great Lakes restoration activities in

9

the upcoming fiscal year, separately reporting

10

the amount of funding to be provided under ex-

11

isting laws pertaining to the Great Lakes eco-

12

system; and

13

(B) identifies all expenditures in each of

14

the 5 prior fiscal years by the Federal Govern-

15

ment and State governments for Great Lakes

16

restoration activities;

17

(2) a detailed accounting of all funds received

18

and obligated by all Federal agencies and, to the ex-

19

tent available, State agencies using Federal funds,

20

for Great Lakes restoration activities during the cur-

21

rent and previous fiscal years;

22

(3) a budget for the proposed projects (includ-

23

ing a description of the project, authorization level,

24

and project status) to be carried out in the upcom-

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580 1

ing fiscal year with the Federal portion of funds for

2

activities; and

3

(4) a listing of all projects to be undertaken in

4

the upcoming fiscal year with the Federal portion of

5

funds for activities.

6

SEC. 739. None of the funds made available by this

7 or any other Act may be used to implement, administer, 8 enforce, or apply the rule entitled ‘‘Competitive Area’’ 9 published by the Office of Personnel Management in the 10 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 11 et seq.). 12

SEC. 740. (a)(1) Notwithstanding any other provision

13 of law, and except as otherwise provided in this section, 14 no part of any of the funds appropriated for fiscal year 15 2014, by this or any other Act, may be used to pay any 16 prevailing

rate

employee

described

in

section

17 5342(a)(2)(A) of title 5, United States Code— 18

(A) during the period beginning on September

19

30, 2013 and ending on the normal effective date of

20

the applicable wage survey adjustment that is to

21

take effect in fiscal year 2014, in an amount that

22

exceeds the rate payable for the applicable grade and

23

step of the applicable wage schedule in accordance

24

with section 147 of the Continuing Appropriations

25

and Surface Transportation Extensions Act, 2011,

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581 1

as amended by the Consolidated and Further Con-

2

tinuing Appropriations Act, 2013; and

3

(B) during the period consisting of the remain-

4

der of fiscal year 2014, in an amount that exceeds,

5

as a result of a wage survey adjustment, the rate

6

payable under subparagraph (A) by more than the

7

sum of—

8

(i) the percentage adjustment taking effect

9

in fiscal year 2014 under section 5303 of title

10

5, United States Code, in the rates of pay

11

under the General Schedule; and

12

(ii) the difference between the overall aver-

13

age percentage of the locality-based com-

14

parability payments taking effect in fiscal year

15

2014 under section 5304 of such title (whether

16

by adjustment or otherwise), and the overall av-

17

erage percentage of such payments which was

18

effective in the previous fiscal year under such

19

section.

20

(2) Notwithstanding any other provision of law, no

21 prevailing rate employee described in subparagraph (B) or 22 (C) of section 5342(a)(2) of title 5, United States Code, 23 and no employee covered by section 5348 of such title, 24 may be paid during the periods for which paragraph (1) 25 is in effect at a rate that exceeds the rates that would

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582 1 be payable under paragraph (1) were paragraph (1) appli2 cable to such employee. 3

(3) For the purposes of this subsection, the rates pay-

4 able to an employee who is covered by this subsection and 5 who is paid from a schedule not in existence on September 6 30, 2013, shall be determined under regulations pre7 scribed by the Office of Personnel Management. 8

(4) Notwithstanding any other provision of law, rates

9 of premium pay for employees subject to this subsection 10 may not be changed from the rates in effect on September 11 30, 2013, except to the extent determined by the Office 12 of Personnel Management to be consistent with the pur13 pose of this subsection. 14

(5) This subsection shall apply with respect to pay

15 for service performed after September 30, 2013. 16

(6) For the purpose of administering any provision

17 of law (including any rule or regulation that provides pre18 mium pay, retirement, life insurance, or any other em19 ployee benefit) that requires any deduction or contribu20 tion, or that imposes any requirement or limitation on the 21 basis of a rate of salary or basic pay, the rate of salary 22 or basic pay payable after the application of this sub23 section shall be treated as the rate of salary or basic pay. 24

(7) Nothing in this subsection shall be considered to

25 permit or require the payment to any employee covered

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583 1 by this subsection at a rate in excess of the rate that would 2 be payable were this subsection not in effect. 3

(8) The Office of Personnel Management may provide

4 for exceptions to the limitations imposed by this sub5 section if the Office determines that such exceptions are 6 necessary to ensure the recruitment or retention of quali7 fied employees. 8

(b) Notwithstanding subsection (a) and section 147

9 of the Continuing Appropriations and Surface Transpor10 tation Extensions Act, 2011, as amended by the Consoli11 dated and Further Continuing Appropriations Act, 2013, 12 the adjustment in rates of basic pay for the statutory pay 13 systems that take place in fiscal year 2014 under sections 14 5344 and 5348 of title 5, United States Code, shall be— 15

(1) not less than the percentage received by em-

16

ployees in the same location whose rates of basic pay

17

are adjusted pursuant to the statutory pay systems

18

under sections 5303 and 5304 of title 5, United

19

States Code: Provided, That prevailing rate employ-

20

ees at locations where there are no employees whose

21

pay is increased pursuant to sections 5303 and 5304

22

of title 5, United States Code, and prevailing rate

23

employees described in section 5343(a)(5) of title 5,

24

United States Code, shall be considered to be located

25

in the pay locality designated as ‘‘Rest of United

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584 1

States’’ pursuant to section 5304 of title 5, United

2

States Code, for purposes of this subsection; and

3

(2) effective as of the first day of the first ap-

4

plicable pay period beginning after September 30,

5

2013.

6

SEC. 741. (a) The Vice President may not receive a

7 pay raise in calendar year 2014, notwithstanding the rate 8 adjustment made under section 104 of title 3, United 9 States Code, or any other provision of law. 10

(b) An employee serving in an Executive Schedule po-

11 sition, or in a position for which the rate of pay is fixed 12 by statute at an Executive Schedule rate, may not receive 13 a pay rate increase in calendar year 2014, notwith14 standing schedule adjustments made under section 5318 15 of title 5, United States Code, or any other provision of 16 law, except as provided in subsection (g), (h), or (i). This 17 subsection applies only to employees who are holding a po18 sition under a political appointment. 19

(c) A chief of mission or ambassador at large may

20 not receive a pay rate increase in calendar year 2014, not21 withstanding section 401 of the Foreign Service Act of 22 1980 (Public Law 96–465) or any other provision of law, 23 except as provided in subsection (g), (h), or (i). 24

(d) Notwithstanding sections 5382 and 5383 of title

25 5, United States Code, a pay rate increase may not be

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585 1 received in calendar year 2014 (except as provided in sub2 section (g), (h), or (i)) by— 3

(1) a noncareer appointee in the Senior Execu-

4

tive Service paid a rate of basic pay at or above level

5

IV of the Executive Schedule; or

6

(2) a limited term appointee or limited emer-

7

gency appointee in the Senior Executive Service

8

serving under a political appointment and paid a

9

rate of basic pay at or above level IV of the Execu-

10

tive Schedule.

11

(e) Any employee paid a rate of basic pay (including

12 any locality-based payments under section 5304 of title 13 5, United States Code, or similar authority) at or above 14 level IV of the Executive Schedule who serves under a po15 litical appointment may not receive a pay rate increase 16 in calendar year 2014, notwithstanding any other provi17 sion of law, except as provided in subsection (g), (h), or 18 (i). This subsection does not apply to employees in the 19 General Schedule pay system or the Foreign Service pay 20 system, or to employees appointed under section 3161 of 21 title 5, United States Code, or to employees in another 22 pay system whose position would be classified at GS–15 23 or below if chapter 51 of title 5, United States Code, ap24 plied to them.

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586 1

(f) Nothing in subsections (b) through (e) shall pre-

2 vent employees who do not serve under a political appoint3 ment from receiving pay increases as otherwise provided 4 under applicable law. 5

(g) A career appointee in the Senior Executive Serv-

6 ice who receives a Presidential appointment and who 7 makes an election to retain Senior Executive Service basic 8 pay entitlements under section 3392 of title 5, United 9 States Code, is not subject to this section. 10

(h) A member of the Senior Foreign Service who re-

11 ceives a Presidential appointment to any position in the 12 executive branch and who makes an election to retain Sen13 ior Foreign Service pay entitlements under section 302(b) 14 of the Foreign Service Act of 1980 (Public Law 96–465) 15 is not subject to this section. 16

(i) Notwithstanding subsections (b) through (e), an

17 employee in a covered position may receive a pay rate in18 crease upon an authorized movement to a different cov19 ered position with higher-level duties and a pre-established 20 higher level or range of pay, except that any such increase 21 must be based on the rates of pay and applicable pay limi22 tations in effect on December 31, 2013. 23

(j) Notwithstanding any other provision of law, for

24 an individual who is newly appointed to a covered position 25 during the period of time subject to this section, the initial

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587 1 pay rate shall be based on the rates of pay and applicable 2 pay limitations in effect on December 31, 2013. 3

(k) If an employee affected by subsections (b)

4 through (e) is subject to a biweekly pay period that begins 5 in calendar year 2014 but ends in calendar year 2015, 6 the bar on the employee’s receipt of pay rate increases 7 shall apply through the end of that pay period. 8

(l) An initial or increased pay rate for an individual

9 in a covered position that takes effect in calendar year 10 2014 prior to enactment of this Act shall be valid only 11 through the end of the pay period during which the enact12 ment took place. Effective on the first day of the next pay 13 period, the individual’s pay rate will be set at the rate that 14 would have applied if this section had been in effect on 15 January 1, 2014. 16

SEC. 742. (a) The head of any Executive branch de-

17 partment, agency, board, commission, or office funded by 18 this Act shall submit annual reports to the Inspector Gen19 eral or senior ethics official for any entity without an In20 spector General, regarding the costs and contracting pro21 cedures related to each conference held by any such de22 partment, agency, board, commission, or office during fis23 cal year 2014 for which the cost to the United States Gov24 ernment was more than $100,000.

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588 1

(b) Each report submitted shall include, for each con-

2 ference described in subsection (a) held during the applica3 ble period— 4

(1) a description of its purpose;

5

(2) the number of participants attending;

6

(3) a detailed statement of the costs to the

7

United States Government, including—

8

(A) the cost of any food or beverages;

9

(B) the cost of any audio-visual services;

10

(C) the cost of employee or contractor

11

travel to and from the conference; and

12

(D) a discussion of the methodology used

13

to determine which costs relate to the con-

14

ference; and

15

(4) a description of the contracting procedures

16

used including—

17

(A) whether contracts were awarded on a

18

competitive basis; and

19

(B) a discussion of any cost comparison

20

conducted by the departmental component or

21

office in evaluating potential contractors for the

22

conference.

23

(c) Within 15 days of the date of a conference held

24 by any Executive branch department, agency, board, com25 mission, or office funded by this Act during fiscal year

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589 1 2014 for which the cost to the United States Government 2 was more than $20,000, the head of any such department, 3 agency, board, commission, or office shall notify the In4 spector General or senior ethics official for any entity 5 without an Inspector General, of the date, location, and 6 number of employees attending such conference. 7

(d) A grant or contract funded by amounts appro-

8 priated by this or any other appropriations Act may not 9 be used for the purpose of defraying the costs of a con10 ference described in subsection (c) that is not directly and 11 programmatically related to the purpose for which the 12 grant or contract was awarded, such as a conference held 13 in connection with planning, training, assessment, review, 14 or other routine purposes related to a project funded by 15 the grant or contract. 16

(e) None of the funds made available in this or any

17 other appropriations Act may be used for travel and con18 ference activities that are not in compliance with Office 19 of Management and Budget Memorandum M–12–12 20 dated May 11, 2012. 21

SEC. 743. None of the funds made available in this

22 or any other appropriations Act may be used to eliminate 23 or reduce funding for a program, project, or activity as 24 proposed in the President’s budget request for a fiscal 25 year until such proposed change is subsequently enacted

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590 1 in an appropriation Act, or unless such change is made 2 pursuant to the reprogramming or transfer provisions of 3 this or any other appropriations Act. 4

SEC. 744. Except as expressly provided otherwise,

5 any reference to ‘‘this Act’’ contained in any title other 6 than title IV or VIII shall not apply to such title IV or 7 VIII.

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591 1

TITLE VIII

2

GENERAL PROVISIONS—DISTRICT OF

3

COLUMBIA

4

(INCLUDING TRANSFER OF FUNDS)

5

SEC. 801. There are appropriated from the applicable

6 funds of the District of Columbia such sums as may be 7 necessary for making refunds and for the payment of legal 8 settlements or judgments that have been entered against 9 the District of Columbia government. 10

SEC. 802. None of the Federal funds provided in this

11 Act shall be used for publicity or propaganda purposes or 12 implementation of any policy including boycott designed 13 to support or defeat legislation pending before Congress 14 or any State legislature. 15

SEC. 803. (a) None of the Federal funds provided

16 under this Act to the agencies funded by this Act, both 17 Federal and District government agencies, that remain 18 available for obligation or expenditure in fiscal year 2014, 19 or provided from any accounts in the Treasury of the 20 United States derived by the collection of fees available 21 to the agencies funded by this Act, shall be available for 22 obligation or expenditures for an agency through a re23 programming of funds which— 24

(1) creates new programs;

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592 1

(2) eliminates a program, project, or responsi-

2

bility center;

3

(3) establishes or changes allocations specifi-

4

cally denied, limited or increased under this Act;

5

(4) increases funds or personnel by any means

6

for any program, project, or responsibility center for

7

which funds have been denied or restricted;

8

(5) re-establishes any program or project pre-

9

viously deferred through reprogramming;

10

(6) augments any existing program, project, or

11

responsibility center through a reprogramming of

12

funds in excess of $3,000,000 or 10 percent, which-

13

ever is less; or

14

(7) increases by 20 percent or more personnel

15

assigned to a specific program, project or responsi-

16

bility center,

17 unless prior approval is received from the Committees on 18 Appropriations of the House of Representatives and the 19 Senate. 20

(b) The District of Columbia government is author-

21 ized to approve and execute reprogramming and transfer 22 requests of local funds under this title through November 23 7, 2014. 24

SEC. 804. None of the Federal funds provided in this

25 Act may be used by the District of Columbia to provide

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593 1 for salaries, expenses, or other costs associated with the 2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 4 Statehood Constitutional Convention Initiatives of 1979 5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 6

SEC. 805. Except as otherwise provided in this sec-

7 tion, none of the funds made available by this Act or by 8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 10 unless the officer or employee uses the vehicle only in the 11 performance of the officer’s or employee’s official duties. 12 For purposes of this section, the term ‘‘official duties’’ 13 does not include travel between the officer’s or employee’s 14 residence and workplace, except in the case of— 15

(1) an officer or employee of the Metropolitan

16

Police Department who resides in the District of Co-

17

lumbia or a District of Columbia government em-

18

ployee as may otherwise be designated by the Chief

19

of the Department;

20

(2) at the discretion of the Fire Chief, an offi-

21

cer or employee of the District of Columbia Fire and

22

Emergency Medical Services Department who re-

23

sides in the District of Columbia and is on call 24

24

hours a day or is otherwise designated by the Fire

25

Chief;

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594 1

(3) at the discretion of the Director of the De-

2

partment of Corrections, an officer or employee of

3

the District of Columbia Department of Corrections

4

who resides in the District of Columbia and is on

5

call 24 hours a day or is otherwise designated by the

6

Director;

7

(4) the Mayor of the District of Columbia; and

8

(5) the Chairman of the Council of the District

9

of Columbia.

10

SEC. 806. (a) None of the Federal funds contained

11 in this Act may be used by the District of Columbia Attor12 ney General or any other officer or entity of the District 13 government to provide assistance for any petition drive or 14 civil action which seeks to require Congress to provide for 15 voting representation in Congress for the District of Co16 lumbia. 17

(b) Nothing in this section bars the District of Co-

18 lumbia Attorney General from reviewing or commenting 19 on briefs in private lawsuits, or from consulting with offi20 cials of the District government regarding such lawsuits. 21

SEC. 807. None of the Federal funds contained in

22 this Act may be used to distribute any needle or syringe 23 for the purpose of preventing the spread of blood borne 24 pathogens in any location that has been determined by the

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595 1 local public health or local law enforcement authorities to 2 be inappropriate for such distribution. 3

SEC. 808. Nothing in this Act may be construed to

4 prevent the Council or Mayor of the District of Columbia 5 from addressing the issue of the provision of contraceptive 6 coverage by health insurance plans, but it is the intent 7 of Congress that any legislation enacted on such issue 8 should include a ‘‘conscience clause’’ which provides excep9 tions for religious beliefs and moral convictions. 10

SEC. 809. None of the Federal funds contained in

11 this Act may be used to enact or carry out any law, rule, 12 or regulation to legalize or otherwise reduce penalties asso13 ciated with the possession, use, or distribution of any 14 schedule I substance under the Controlled Substances Act 15 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de16 rivative. 17

SEC. 810. None of the funds appropriated under this

18 Act shall be expended for any abortion except where the 19 life of the mother would be endangered if the fetus were 20 carried to term or where the pregnancy is the result of 21 an act of rape or incest. 22

SEC. 811. (a) No later than 30 calendar days after

23 the date of the enactment of this Act, the Chief Financial 24 Officer for the District of Columbia shall submit to the 25 appropriate committees of Congress, the Mayor, and the

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596 1 Council of the District of Columbia, a revised appropriated 2 funds operating budget in the format of the budget that 3 the District of Columbia government submitted pursuant 4 to section 442 of the District of Columbia Home Rule Act 5 (D.C. Official Code, sec. 1–204.42), for all agencies of the 6 District of Columbia government for fiscal year 2014 that 7 is in the total amount of the approved appropriation and 8 that realigns all budgeted data for personal services and 9 other-than-personal services, respectively, with anticipated 10 actual expenditures. 11

(b) This section shall apply only to an agency for

12 which the Chief Financial Officer for the District of Co13 lumbia certifies that a reallocation is required to address 14 unanticipated changes in program requirements. 15

SEC. 812. No later than 30 calendar days after the

16 date of the enactment of this Act, the Chief Financial Offi17 cer for the District of Columbia shall submit to the appro18 priate committees of Congress, the Mayor, and the Council 19 for the District of Columbia, a revised appropriated funds 20 operating budget for the District of Columbia Public 21 Schools that aligns schools budgets to actual enrollment. 22 The revised appropriated funds budget shall be in the for23 mat of the budget that the District of Columbia govern24 ment submitted pursuant to section 442 of the District

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597 1 of Columbia Home Rule Act (D.C. Official Code, Sec. 1– 2 204.42). 3

SEC. 813. (a) Amounts appropriated in this Act as

4 operating funds may be transferred to the District of Co5 lumbia’s enterprise and capital funds and such amounts, 6 once transferred, shall retain appropriation authority con7 sistent with the provisions of this Act. 8

(b) The District of Columbia government is author-

9 ized to reprogram or transfer for operating expenses any 10 local funds transferred or reprogrammed in this or the 11 four prior fiscal years from operating funds to capital 12 funds, and such amounts, once transferred or repro13 grammed, shall retain appropriation authority consistent 14 with the provisions of this Act. 15

(c) The District of Columbia government may not

16 transfer or reprogram for operating expenses any funds 17 derived from bonds, notes, or other obligations issued for 18 capital projects. 19

SEC. 814. None of the Federal funds appropriated

20 in this Act shall remain available for obligation beyond 21 the current fiscal year, nor may any be transferred to 22 other appropriations, unless expressly so provided herein. 23

SEC. 815. Except as otherwise specifically provided

24 by law or under this Act, not to exceed 50 percent of unob25 ligated balances remaining available at the end of fiscal

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598 1 year 2014 from appropriations of Federal funds made 2 available for salaries and expenses for fiscal year 2014 in 3 this Act, shall remain available through September 30, 4 2015, for each such account for the purposes authorized: 5 Provided, That a request shall be submitted to the Com6 mittees on Appropriations of the House of Representatives 7 and the Senate for approval prior to the expenditure of 8 such funds: Provided further, That these requests shall be 9 made in compliance with reprogramming guidelines out10 lined in section 803 of this Act. 11

SEC. 816. (a) During fiscal year 2015, during a pe-

12 riod in which neither a District of Columbia continuing 13 resolution or a regular District of Columbia appropriation 14 bill is in effect, local funds are appropriated in the amount 15 provided for any project or activity for which local funds 16 are provided in the Fiscal Year 2015 Budget Request Act 17 of 2014 as submitted to Congress (subject to any modi18 fications enacted by the District of Columbia as of the be19 ginning of the period during which this subsection is in 20 effect) at the rate set forth by such Act. 21

(b) Appropriations made by subsection (a) shall cease

22 to be available— 23

(1) during any period in which a District of Co-

24

lumbia continuing resolution for fiscal year 2015 is

25

in effect; or

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599 1

(2) upon the enactment into law of the regular

2

District of Columbia appropriation bill for fiscal year

3

2015.

4

(c) An appropriation made by subsection (a) is pro-

5 vided under the authority and conditions as provided 6 under this Act and shall be available to the extent and 7 in the manner that would be provided by this Act. 8

(d) An appropriation made by subsection (a) shall

9 cover all obligations or expenditures incurred for such 10 project or activity during the portion of fiscal year 2015 11 for which this section applies to such project or activity. 12

(e) This section shall not apply to a project or activity

13 during any period of fiscal year 2015 if any other provi14 sion of law (other than an authorization of appropria15 tions)— 16

(1) makes an appropriation, makes funds avail-

17

able, or grants authority for such project or activity

18

to continue for such period, or

19

(2) specifically provides that no appropriation

20

shall be made, no funds shall be made available, or

21

no authority shall be granted for such project or ac-

22

tivity to continue for such period.

23

(f) Nothing in this section shall be construed to effect

24 obligations of the government of the District of Columbia 25 mandated by other law.

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600 1

SEC. 817. Except as expressly provided otherwise,

2 any reference to ‘‘this Act’’ contained in this title or in 3 title IV shall be treated as referring only to the provisions 4 of this title or of title IV. 5

This division may be cited as the ‘‘Financial Services

6 and General Government Appropriations Act, 2014’’.

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601 1 DIVISION

F—DEPARTMENT

2

LAND

SECURITY

3

ACT, 2014

OF

HOME-

APPROPRIATIONS

4

TITLE I

5

DEPARTMENTAL MANAGEMENT AND

6

OPERATIONS

7

OFFICE

OF THE

8

SECRETARY

AND

EXECUTIVE

MANAGEMENT

9

For necessary expenses of the Office of the Secretary

10 of Homeland Security, as authorized by section 102 of the 11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $122,350,000: Provided, That 14 not to exceed $45,000 shall be for official reception and 15 representation expenses: Provided further, That all official 16 costs associated with the use of government aircraft by 17 Department of Homeland Security personnel to support 18 official travel of the Secretary and the Deputy Secretary 19 shall be paid from amounts made available for the Imme20 diate Office of the Secretary and the Immediate Office of 21 the Deputy Secretary: Provided further, That the Sec22 retary shall submit to the Committees on Appropriations 23 of the Senate and the House of Representatives, not later 24 than 90 days after the date of enactment of this Act, ex25 penditure plans for the Office of Policy, the Office of

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602 1 Intergovernmental Affairs, the Office for Civil Rights and 2 Civil Liberties, the Citizenship and Immigration Services 3 Ombudsman, and the Privacy Officer: Provided further, 4 That expenditure plans for the offices in the previous pro5 viso shall also be submitted at the time the President’s 6 budget proposal for fiscal year 2015 is submitted pursuant 7 to section 1105(a) of title 31, United States Code. 8 OFFICE 9

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

For necessary expenses of the Office of the Under

10 Secretary for Management, as authorized by sections 701 11 through 705 of the Homeland Security Act of 2002 (6 12 U.S.C. 341 through 345), $196,015,000, of which not to 13 exceed $2,250 shall be for official reception and represen14 tation expenses: Provided, That of the total amount made 15 available under this heading, $4,500,000 shall remain 16 available until September 30, 2018, solely for the alter17 ation and improvement of facilities, tenant improvements, 18 and relocation costs to consolidate Department head19 quarters operations at the Nebraska Avenue Complex; and 20 $7,815,000 shall remain available until September 30, 21 2015, for the Human Resources Information Technology 22 program: Provided further, That the Under Secretary for 23 Management shall, pursuant to the requirements con24 tained in House Report 112–331, submit to the Commit25 tees on Appropriations of the Senate and the House of

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603 1 Representatives at the time the President’s budget pro2 posal for fiscal year 2015 is submitted pursuant to section 3 1105(a) of title 31, United States Code, a Comprehensive 4 Acquisition Status Report, which shall include the infor5 mation required under the heading ‘‘Office of the Under 6 Secretary for Management’’ under title I of division D of 7 the Consolidated Appropriations Act, 2012 (Public Law 8 112–74), and quarterly updates to such report not later 9 than 45 days after the completion of each quarter. 10

OFFICE

11

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Fi-

12 nancial Officer, as authorized by section 103 of the Home13 land Security Act of 2002 (6 U.S.C. 113), $46,000,000: 14 Provided, That the Secretary of Homeland Security shall 15 submit to the Committees on Appropriations of the Senate 16 and the House of Representatives, at the time the Presi17 dent’s budget proposal for fiscal year 2015 is submitted 18 pursuant to section 1105(a) of title 31, United States 19 Code, the Future Years Homeland Security Program, as 20 authorized by section 874 of Public Law 107–296 (6 21 U.S.C. 454). 22

OFFICE

23

For necessary expenses of the Office of the Chief In-

OF THE

CHIEF INFORMATION OFFICER

24 formation Officer, as authorized by section 103 of the 25 Homeland Security Act of 2002 (6 U.S.C. 113), and De-

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604 1 partment-wide technology investments, $257,156,000; of 2 which $115,000,000 shall be available for salaries and ex3 penses; and of which $142,156,000, to remain available 4 until September 30, 2015, shall be available for develop5 ment and acquisition of information technology equip6 ment, software, services, and related activities for the De7 partment of Homeland Security. 8

ANALYSIS

9

AND

OPERATIONS

For necessary expenses for intelligence analysis and

10 operations coordination activities, as authorized by title II 11 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 12 seq.), $300,490,000; of which not to exceed $3,825 shall 13 be for official reception and representation expenses; and 14 of which $129,540,000 shall remain available until Sep15 tember 30, 2015. 16

OFFICE

17

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector

18 General in carrying out the provisions of the Inspector 19 General Act of 1978 (5 U.S.C. App.), $115,437,000; of 20 which not to exceed $300,000 may be used for certain con21 fidential operational expenses, including the payment of 22 informants, to be expended at the direction of the Inspec23 tor General.

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605 1

TITLE II

2

SECURITY, ENFORCEMENT, AND

3

INVESTIGATIONS

4

U.S. CUSTOMS

5

AND

BORDER PROTECTION

SALARIES AND EXPENSES

6

For necessary expenses for enforcement of laws relat-

7 ing to border security, immigration, customs, agricultural 8 inspections and regulatory activities related to plant and 9 animal imports, and transportation of unaccompanied 10 minor aliens; purchase and lease of up to 7,500 (6,500 11 for replacement only) police-type vehicles; and contracting 12 with

individuals

for

personal

services

abroad;

13 $8,145,568,000; of which $3,274,000 shall be derived 14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 19 Act of 2002 (6 U.S.C. 551(e)(1)); of which $165,715,000 20 shall be available until September 30, 2015, solely for the 21 purpose of hiring, training, and equipping new U.S. Cus22 toms and Border Protection officers at ports of entry; of 23 which not to exceed $34,425 shall be for official reception 24 and representation expenses; of which such sums as be25 come available in the Customs User Fee Account, except

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606 1 sums subject to section 13031(f)(3) of the Consolidated 2 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 3 58c(f)(3)), shall be derived from that account; of which 4 not to exceed $150,000 shall be available for payment for 5 rental space in connection with preclearance operations; 6 and of which not to exceed $1,000,000 shall be for awards 7 of compensation to informants, to be accounted for solely 8 under the certificate of the Secretary of Homeland Secu9 rity: Provided, That for fiscal year 2014, the overtime lim10 itation prescribed in section 5(c)(1) of the Act of February 11 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not12 withstanding any other provision of law, none of the funds 13 appropriated by this Act shall be available to compensate 14 any employee of U.S. Customs and Border Protection for 15 overtime, from whatever source, in an amount that ex16 ceeds such limitation, except in individual cases deter17 mined by the Secretary of Homeland Security, or the des18 ignee of the Secretary, to be necessary for national secu19 rity purposes, to prevent excessive costs, or in cases of 20 immigration emergencies: Provided further, That the Bor21 der Patrol shall maintain an active duty presence of not 22 less than 21,370 full-time equivalent agents protecting the 23 borders of the United States in the fiscal year.

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607 1

AUTOMATION MODERNIZATION

2

For necessary expenses for U.S. Customs and Border

3 Protection for operation and improvement of automated 4 systems, including salaries and expenses, $816,523,000; 5 of which $340,936,000 shall remain available until Sep6 tember 30, 2016; and of which not less than $140,762,000 7 shall be for the development of the Automated Commercial 8 Environment. 9

BORDER SECURITY FENCING, INFRASTRUCTURE, AND

10

TECHNOLOGY

11

For expenses for border security fencing, infrastruc-

12 ture, and technology, $351,454,000, to remain available 13 until September 30, 2016: Provided, That no additional 14 deployments of technology associated with integrated fixed 15 towers shall occur until the Chief of the Border Patrol 16 certifies to the Committees on Appropriations of the Sen17 ate and the House of Representatives that the first deploy18 ment of technology associated with integrated fixed towers 19 meets the operational requirements of the Border Patrol. 20

AIR AND MARINE OPERATIONS

21

For necessary expenses for the operations, mainte-

22 nance, and procurement of marine vessels, aircraft, un23 manned aircraft systems, and other related equipment of 24 the air and marine program, including salaries and ex25 penses, operational training, and mission-related travel,

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608 1 the operations of which include the following: the interdic2 tion of narcotics and other goods; the provision of support 3 to Federal, State, and local agencies in the enforcement 4 or administration of laws enforced by the Department of 5 Homeland Security; and, at the discretion of the Secretary 6 of Homeland Security, the provision of assistance to Fed7 eral, State, and local agencies in other law enforcement 8 and emergency humanitarian efforts; $805,068,000; of 9 which $286,818,000 shall be available for salaries and ex10 penses; and of which $518,250,000 shall remain available 11 until September 30, 2016: Provided, That no aircraft or 12 other related equipment, with the exception of aircraft 13 that are one of a kind and have been identified as excess 14 to U.S. Customs and Border Protection requirements and 15 aircraft that have been damaged beyond repair, shall be 16 transferred to any other Federal agency, department, or 17 office outside of the Department of Homeland Security 18 during fiscal year 2014 without prior notice to the Com19 mittees on Appropriations of the Senate and the House 20 of Representatives: Provided further, That the Secretary 21 of Homeland Security shall report to the Committees on 22 Appropriations of the Senate and the House of Represent23 atives, not later than 90 days after the date of enactment 24 of this Act, on any changes to the 5-year strategic plan

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609 1 for the air and marine program required under this head2 ing in Public Law 112–74. 3

CONSTRUCTION AND FACILITIES MANAGEMENT

4

For necessary expenses to plan, acquire, construct,

5 renovate, equip, furnish, operate, manage, and maintain 6 buildings, facilities, and related infrastructure necessary 7 for the administration and enforcement of the laws relat8 ing to customs, immigration, and border security, includ9 ing land ports of entry where the Administrator of General 10 Services has delegated to the Secretary of Homeland Secu11 rity the authority to operate, maintain, repair, and alter 12 such facilities, and to pay rent to the General Services Ad13 ministration for use of land ports of entry, $456,278,000, 14 to remain available until September 30, 2018: Provided, 15 That the Commissioner of U.S. Customs and Border Pro16 tection shall submit to the Committees on Appropriations 17 of the Senate and the House of Representatives, at the 18 time the President’s budget proposal for fiscal year 2015 19 is submitted pursuant to section 1105(a) of title 31, 20 United States Code, an inventory of the real property of 21 U.S. Customs and Border Protection and a plan for each 22 activity and project proposed for funding under this head23 ing that includes the full cost by fiscal year of each activity 24 and project proposed and underway in fiscal year 2015.

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610 1

U.S. IMMIGRATION

2

AND

CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

3

For necessary expenses for enforcement of immigra-

4 tion and customs laws, detention and removals, and inves5 tigations, including intellectual property rights and over6 seas vetted units operations; and purchase and lease of 7 up to 3,790 (2,350 for replacement only) police-type vehi8 cles; $5,229,461,000; of which not to exceed $10,000,000 9 shall be available until expended for conducting special op10 erations under section 3131 of the Customs Enforcement 11 Act of 1986 (19 U.S.C. 2081); of which not to exceed 12 $11,475 shall be for official reception and representation 13 expenses; of which not to exceed $2,000,000 shall be for 14 awards of compensation to informants, to be accounted 15 for solely under the certificate of the Secretary of Home16 land Security; of which not less than $305,000 shall be 17 for promotion of public awareness of the Cyber Tipline 18 and related activities to counter child exploitation; of 19 which not less than $5,400,000 shall be used to facilitate 20 agreements consistent with section 287(g) of the Immigra21 tion and Nationality Act (8 U.S.C. 1357(g)); and of which 22 not to exceed $11,216,000 shall be available to fund or 23 reimburse other Federal agencies for the costs associated 24 with the care, maintenance, and repatriation of smuggled 25 aliens unlawfully present in the United States: Provided,

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611 1 That none of the funds made available under this heading 2 shall be available to compensate any employee for overtime 3 in an annual amount in excess of $35,000, except that 4 the Secretary of Homeland Security, or the designee of 5 the Secretary, may waive that amount as necessary for 6 national security purposes and in cases of immigration 7 emergencies: Provided further, That of the total amount 8 provided, $15,770,000 shall be for activities to enforce 9 laws against forced child labor, of which not to exceed 10 $6,000,000 shall remain available until expended: Pro11 vided further, That of the total amount available, not less 12 than $1,600,000,000 shall be available to identify aliens 13 convicted of a crime who may be deportable, and to remove 14 them from the United States once they are judged deport15 able: Provided further, That the Secretary of Homeland 16 Security shall prioritize the identification and removal of 17 aliens convicted of a crime by the severity of that crime: 18 Provided further, That funding made available under this 19 heading shall maintain a level of not less than 34,000 de20 tention beds through September 30, 2014: Provided fur21 ther, That of the total amount provided, not less than 22 $2,785,096,000 is for detention and removal operations, 23 including transportation of unaccompanied minor aliens: 24 Provided further, That of the total amount provided, 25 $10,300,000 shall remain available until September 30,

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612 1 2015, for the Visa Security Program: Provided further, 2 That not less than $10,000,000 shall be available for in3 vestigation of intellectual property rights violations, in4 cluding operation of the National Intellectual Property 5 Rights Coordination Center: Provided further, That none 6 of the funds provided under this heading may be used to 7 continue a delegation of law enforcement authority author8 ized under section 287(g) of the Immigration and Nation9 ality Act (8 U.S.C. 1357(g)) if the Department of Home10 land Security Inspector General determines that the terms 11 of the agreement governing the delegation of authority 12 have been violated: Provided further, That none of the 13 funds provided under this heading may be used to con14 tinue any contract for the provision of detention services 15 if the two most recent overall performance evaluations re16 ceived by the contracted facility are less than ‘‘adequate’’ 17 or the equivalent median score in any subsequent perform18 ance evaluation system: Provided further, That nothing 19 under this heading shall prevent U.S. Immigration and 20 Customs Enforcement from exercising those authorities 21 provided under immigration laws (as defined in section 22 101(a)(17) of the Immigration and Nationality Act (8 23 U.S.C. 1101(a)(17))) during priority operations per24 taining to aliens convicted of a crime: Provided further, 25 That without regard to the limitation as to time and con-

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613 1 dition of section 503(d) of this Act, the Secretary may 2 propose to reprogram and transfer funds within and into 3 this appropriation necessary to ensure the detention of 4 aliens prioritized for removal. 5

AUTOMATION MODERNIZATION

6

For expenses of immigration and customs enforce-

7 ment automated systems, $34,900,000, to remain avail8 able until September 30, 2016. 9

CONSTRUCTION

10

For necessary expenses to plan, construct, renovate,

11 equip, and maintain buildings and facilities necessary for 12 the administration and enforcement of the laws relating 13 to customs and immigration, $5,000,000, to remain avail14 able until September 30, 2017. 15

TRANSPORTATION SECURITY ADMINISTRATION

16

AVIATION SECURITY

17

For necessary expenses of the Transportation Secu-

18 rity Administration related to providing civil aviation secu19 rity services pursuant to the Aviation and Transportation 20 Security Act (Public Law 107–71; 115 Stat. 597; 49 21 U.S.C. 40101 note), $4,982,735,000, to remain available 22 until September 30, 2015; of which not to exceed $7,650 23 shall be for official reception and representation expenses: 24 Provided, That of the total amount made available under 25 this heading, not to exceed $3,894,236,000 shall be for

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614 1 screening operations, of which $372,354,000 shall be 2 available for explosives detection systems; $103,309,000 3 shall be for checkpoint support; and not to exceed 4 $1,088,499,000 shall be for aviation security direction and 5 enforcement: Provided further, That of the amount made 6 available in the preceding proviso for explosives detection 7 systems, $73,845,000 shall be available for the purchase 8 and installation of these systems: Provided further, That 9 any award to deploy explosives detection systems shall be 10 based on risk, the airport’s current reliance on other 11 screening solutions, lobby congestion resulting in increased 12 security concerns, high injury rates, airport readiness, and 13 increased cost effectiveness: Provided further, That secu14 rity service fees authorized under section 44940 of title 15 49, United States Code, shall be credited to this appro16 priation as offsetting collections and shall be available only 17 for aviation security: Provided further, That the sum ap18 propriated under this heading from the general fund shall 19 be reduced on a dollar-for-dollar basis as such offsetting 20 collections are received during fiscal year 2014 so as to 21 result in a final fiscal year appropriation from the general 22 fund estimated at not more than $2,862,735,000: Pro23 vided further, That notwithstanding section 44923 of title 24 49, United States Code, for fiscal year 2014, any funds 25 in the Aviation Security Capital Fund established by sec-

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615 1 tion 44923(h) of title 49, United States Code, may be used 2 for the procurement and installation of explosives detec3 tion systems or for the issuance of other transaction agree4 ments for the purpose of funding projects described in sec5 tion 44923(a) of such title: Provided further, That none 6 of the funds made available in this Act may be used for 7 any recruiting or hiring of personnel into the Transpor8 tation Security Administration that would cause the agen9 cy to exceed a staffing level of 46,000 full-time equivalent 10 screeners: Provided further, That the preceding proviso 11 shall not apply to personnel hired as part-time employees: 12 Provided further, That not later than 90 days after the 13 date of enactment of this Act, the Secretary of Homeland 14 Security shall submit to the Committees on Appropria15 tions of the Senate and the House of Representatives a 16 detailed report on— 17

(1) the Department of Homeland Security ef-

18

forts and resources being devoted to develop more

19

advanced

20

nologies for the most effective security of passengers

21

and baggage at the lowest possible operating and ac-

22

quisition costs, including projected funding levels for

23

each fiscal year for the next 5 years or until project

24

completion, whichever is earlier;

integrated

passenger

screening

tech-

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616 1

(2) how the Transportation Security Adminis-

2

tration is deploying its existing passenger and bag-

3

gage screener workforce in the most cost effective

4

manner; and

5

(3) labor savings from the deployment of im-

6

proved technologies for passenger and baggage

7

screening and how those savings are being used to

8

offset security costs or reinvested to address security

9

vulnerabilities:

10 Provided further, That not later than April 15, 2014, the 11 Administrator of the Transportation Security Administra12 tion shall submit to the Committees on Appropriations of 13 the Senate and the House of Representatives, a report 14 that: 15

(1) certifies that one in four air passengers that

16

require security screening by the Transportation Se-

17

curity Administration is eligible for expedited screen-

18

ing without lowering security standards; and

19

(2) outlines a strategy to increase the number

20

of air passengers eligible for expedited screening to

21

50 percent by the end of calendar year 2014, includ-

22

ing—

23

(A) specific benchmarks and performance

24

measures to increase participation in Pre-Check

25

by air carriers, airports, and passengers;

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617 1

(B) options to facilitate direct application

2

for enrollment in Pre-Check through the Trans-

3

portation Security Administration’s Web site,

4

airports, and other enrollment locations;

5

(C) use of third parties to pre-screen pas-

6

sengers for expedited screening;

7

(D) inclusion of populations already vetted

8

by the Transportation Security Administration

9

and other trusted populations as eligible for ex-

10

pedited screening; and

11

(E) resource implications of expedited pas-

12

senger screening resulting from the use of risk-

13

based security methods: Provided further, That

14

information provided under this subsection shall

15

be updated semiannually:

16 Provided further, That Members of the United States 17 House of Representatives and United States Senate, in18 cluding the leadership; the heads of Federal agencies and 19 commissions, including the Secretary, Deputy Secretary, 20 Under Secretaries, and Assistant Secretaries of the De21 partment of Homeland Security; the United States Attor22 ney General, Deputy Attorney General, Assistant Attor23 neys General, and the United States Attorneys; and senior 24 members of the Executive Office of the President, includ25 ing the Director of the Office of Management and Budget,

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618 1 shall not be exempt from Federal passenger and baggage 2 screening. 3

SURFACE TRANSPORTATION SECURITY

4

For necessary expenses of the Transportation Secu-

5 rity Administration related to surface transportation secu6 rity activities, $108,618,000, to remain available until 7 September 30, 2015. 8

TRANSPORTATION THREAT ASSESSMENT AND

9

CREDENTIALING

10

For necessary expenses for the development and im-

11 plementation of vetting and credentialing activities, 12 $176,489,000, to remain available until September 30, 13 2015. 14

TRANSPORTATION SECURITY SUPPORT

15

For necessary expenses of the Transportation Secu-

16 rity Administration related to transportation security sup17 port and intelligence pursuant to the Aviation and Trans18 portation Security Act (Public Law 107–71; 115 Stat. 19 597; 49 U.S.C. 40101 note), $962,061,000, to remain 20 available until September 30, 2015: Provided, That of the 21 funds appropriated under this heading, $20,000,000 may 22 not be obligated for ‘‘Headquarters Administration’’ until 23 the Administrator of the Transportation Security Admin24 istration submits to the Committees on Appropriations of 25 the Senate and the House of Representatives detailed ex-

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619 1 penditure plans for air cargo security, checkpoint support, 2 and explosives detection systems refurbishment, procure3 ment, and installations on an airport-by-airport basis for 4 fiscal year 2014: Provided further, That these plans shall 5 be submitted not later than 60 days after the date of en6 actment of this Act. 7

FEDERAL AIR MARSHALS

8

For necessary expenses of the Federal Air Marshal

9 Service, $818,607,000: Provided, That the Director of the 10 Federal Air Marshal Service shall submit to the Commit11 tees on Appropriations of the Senate and the House of 12 Representatives, not later than 45 days after the date of 13 enactment of this Act, a detailed, classified expenditure 14 and staffing plan for ensuring optimal coverage of high 15 risk flights. 16

COAST GUARD

17

OPERATING EXPENSES

18

For necessary expenses for the operation and mainte-

19 nance of the Coast Guard, not otherwise provided for; pur20 chase or lease of not to exceed 25 passenger motor vehi21 cles, which shall be for replacement only; purchase or lease 22 of small boats for contingent and emergent requirements 23 (at a unit cost of no more than $700,000) and repairs 24 and service-life replacements, not to exceed a total of 25 $31,000,000; purchase or lease of boats necessary for

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620 1 overseas deployments and activities; minor shore construc2 tion projects not exceeding $1,000,000 in total cost on any 3 location; payments pursuant to section 156 of Public Law 4 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre5 ation and welfare; $7,011,807,000; of which $567,000,000 6 shall

be

for

defense-related

activities,

of

which

7 $227,000,000 is designated by the Congress for Overseas 8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 10 and Emergency Deficit Control Act of 1985; of which 11 $24,500,000 shall be derived from the Oil Spill Liability 12 Trust Fund to carry out the purposes of section 13 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 14 2712(a)(5)); and of which not to exceed $15,300 shall be 15 for official reception and representation expenses: Pro16 vided, That none of the funds made available by this Act 17 shall be for expenses incurred for recreational vessels 18 under section 12114 of title 46, United States Code, ex19 cept to the extent fees are collected from owners of yachts 20 and credited to this appropriation: Provided further, That 21 of the funds provided under this heading, $75,000,000 22 shall be withheld from obligation for Coast Guard Head23 quarters Directorates until a future-years capital invest24 ment plan for fiscal years 2015 through 2019, as specified 25 under the heading ‘‘Coast Guard Acquisition, Construc-

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621 1 tion, and Improvements’’ of this Act is submitted to the 2 Committees on Appropriations of the Senate and the 3 House of Representatives: Provided further, That funds 4 made available under this heading for Overseas Contin5 gency Operations/Global War on Terrorism may be allo6 cated by program, project, and activity, notwithstanding 7 section 503 of this Act: Provided further, That without re8 gard to the limitation as to time and condition of section 9 503(d) of this Act, after June 30, an additional 10 $10,000,000 may be reprogrammed to or from Military 11 Pay and Allowances in accordance with subsections (a), 12 (b), and (c), of section 503. 13

ENVIRONMENTAL COMPLIANCE AND RESTORATION

14

For necessary expenses to carry out the environ-

15 mental compliance and restoration functions of the Coast 16 Guard under chapter 19 of title 14, United States Code, 17 $13,164,000, to remain available until September 30, 18 2018. 19

RESERVE TRAINING

20

For necessary expenses of the Coast Guard Reserve,

21 as authorized by law; operations and maintenance of the 22 Coast Guard reserve program; personnel and training 23 costs; and equipment and services; $120,000,000.

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622 1

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2

For necessary expenses of acquisition, construction,

3 renovation, and improvement of aids to navigation, shore 4 facilities, vessels, and aircraft, including equipment related 5 thereto; and maintenance, rehabilitation, lease, and oper6 ation of facilities and equipment; as authorized by law; 7 $1,375,635,000; of which $20,000,000 shall be derived 8 from the Oil Spill Liability Trust Fund to carry out the 9 purposes of section 1012(a)(5) of the Oil Pollution Act 10 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol11 lowing amounts, to remain available until September 30, 12 2018 (except as subsequently specified), shall be available 13 as follows: $18,000,000 shall be available for military fam14 ily housing, of which not more than $349,996 shall be de15 rived from the Coast Guard Housing Fund established 16 pursuant to 14 U.S.C. 687; $999,000,000 shall be avail17 able to acquire, effect major repairs to, renovate, or im18 prove vessels, small boats, and related equipment; 19 $175,310,000 shall be available to acquire, effect major 20 repairs to, renovate, or improve aircraft or increase avia21 tion capability; $64,930,000 shall be available for other 22 acquisition programs; $5,000,000 shall be available for 23 shore facilities and aids to navigation, including facilities 24 at Department of Defense installations used by the Coast 25 Guard; and $113,395,000, to remain available until Sep-

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623 1 tember 30, 2014, shall be available for personnel com2 pensation and benefits and related costs: Provided, That 3 the funds provided by this Act shall be immediately avail4 able and allotted to contract for the production of the sev5 enth National Security Cutter notwithstanding the avail6 ability of funds for post-production costs: Provided further, 7 That the funds provided by this Act shall be immediately 8 available and allotted to contract for long lead time mate9 rials, components, and designs for the eighth National Se10 curity Cutter notwithstanding the availability of funds for 11 production costs or post-production costs: Provided fur12 ther, That the Commandant of the Coast Guard shall sub13 mit to the Committees on Appropriations of the Senate 14 and the House of Representatives, at the time the Presi15 dent’s budget proposal for fiscal year 2015 is submitted 16 pursuant to section 1105(a) of title 31, United States 17 Code, a future-years capital investment plan for the Coast 18 Guard that identifies for each requested capital asset— 19

(1) the proposed appropriations included in that

20

budget;

21

(2) the total estimated cost of completion, in-

22

cluding and clearly delineating the costs of associ-

23

ated major acquisition systems infrastructure and

24

transition to operations;

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624 1

(3) projected funding levels for each fiscal year

2

for the next 5 fiscal years or until acquisition pro-

3

gram baseline or project completion, whichever is

4

earlier;

5

(4) an estimated completion date at the pro-

6

jected funding levels; and

7

(5) a current acquisition program baseline for

8

each capital asset, as applicable, that—

9

(A) includes the total acquisition cost of

10

each asset, subdivided by fiscal year and includ-

11

ing a detailed description of the purpose of the

12

proposed funding levels for each fiscal year, in-

13

cluding for each fiscal year funds requested for

14

design, pre-acquisition activities, production,

15

structural modifications, missionization, post-

16

delivery, and transition to operations costs;

17

(B) includes a detailed project schedule

18

through completion, subdivided by fiscal year,

19

that details—

20

(i) quantities planned for each fiscal

21

year; and

22

(ii) major acquisition and project

23

events, including development of oper-

24

ational requirements, contracting actions,

25

design reviews, production, delivery, test

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625 1

and evaluation, and transition to oper-

2

ations, including necessary training, shore

3

infrastructure, and logistics;

4

(C) notes and explains any deviations in

5

cost, performance parameters, schedule, or esti-

6

mated date of completion from the original ac-

7

quisition program baseline and the most recent

8

baseline approved by the Department of Home-

9

land Security’s Acquisition Review Board, if ap-

10

plicable;

11

(D) aligns the acquisition of each asset to

12

mission requirements by defining existing capa-

13

bilities of comparable legacy assets, identifying

14

known capability gaps between such existing ca-

15

pabilities and stated mission requirements, and

16

explaining how the acquisition of each asset will

17

address such known capability gaps;

18

(E) defines life-cycle costs for each asset

19

and the date of the estimate on which such

20

costs are based, including all associated costs of

21

major acquisitions systems infrastructure and

22

transition to operations, delineated by purpose

23

and fiscal year for the projected service life of

24

the asset;

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626 1

(F) includes the earned value management

2

system summary schedule performance index

3

and cost performance index for each asset, if

4

applicable; and

5

(G) includes a phase-out and decommis-

6

sioning schedule delineated by fiscal year for

7

each existing legacy asset that each asset is in-

8

tended to replace or recapitalize:

9 Provided further, That the Commandant of the Coast 10 Guard shall ensure that amounts specified in the future11 years capital investment plan are consistent, to the max12 imum extent practicable, with proposed appropriations 13 necessary to support the programs, projects, and activities 14 of the Coast Guard in the President’s budget proposal for 15 fiscal year 2015, submitted pursuant to section 1105(a) 16 of title 31, United States Code: Provided further, That any 17 inconsistencies between the capital investment plan and 18 proposed appropriations shall be identified and justified: 19 Provided further, That subsections (a) and (b) of section 20 6402 of Public Law 110–28 shall apply with respect to 21 the amounts made available under this heading. 22

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

23

For necessary expenses for applied scientific re-

24 search, development, test, and evaluation; and for mainte25 nance, rehabilitation, lease, and operation of facilities and

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627 1 equipment; as authorized by law; $19,200,000 to remain 2 available until September 30, 2016, of which $500,000 3 shall be derived from the Oil Spill Liability Trust Fund 4 to carry out the purposes of section 1012(a)(5) of the Oil 5 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 6 That there may be credited to and used for the purposes 7 of this appropriation funds received from State and local 8 governments, other public authorities, private sources, and 9 foreign countries for expenses incurred for research, devel10 opment, testing, and evaluation. 11

RETIRED PAY

12

For retired pay, including the payment of obligations

13 otherwise chargeable to lapsed appropriations for this pur14 pose, payments under the Retired Serviceman’s Family 15 Protection and Survivor Benefits Plans, payment for ca16 reer status bonuses, concurrent receipts, and combat-re17 lated special compensation under the National Defense 18 Authorization Act, and payments for medical care of re19 tired personnel and their dependents under chapter 55 of 20 title 10, United States Code, $1,460,000,000, to remain 21 available until expended. 22

UNITED STATES SECRET SERVICE

23

SALARIES AND EXPENSES

24

For necessary expenses of the United States Secret

25 Service, including purchase of not to exceed 652 vehicles

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628 1 for police-type use for replacement only; hire of passenger 2 motor vehicles; purchase of motorcycles made in the 3 United States; hire of aircraft; services of expert witnesses 4 at such rates as may be determined by the Director of 5 the United States Secret Service; rental of buildings in 6 the District of Columbia, and fencing, lighting, guard 7 booths, and other facilities on private or other property 8 not in Government ownership or control, as may be nec9 essary to perform protective functions; payment of per 10 diem or subsistence allowances to employees in cases in 11 which a protective assignment on the actual day or days 12 of the visit of a protectee requires an employee to work 13 16 hours per day or to remain overnight at a post of duty; 14 conduct of and participation in firearms matches; presen15 tation of awards; travel of United States Secret Service 16 employees on protective missions without regard to the 17 limitations on such expenditures in this or any other Act 18 if approval is obtained in advance from the Committees 19 on Appropriations of the Senate and the House of Rep20 resentatives; research and development; grants to conduct 21 behavioral research in support of protective research and 22 operations; and payment in advance for commercial ac23 commodations as may be necessary to perform protective 24 functions; $1,533,497,000; of which not to exceed $19,125 25 shall be for official reception and representation expenses;

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629 1 of which not to exceed $100,000 shall be to provide tech2 nical assistance and equipment to foreign law enforcement 3 organizations in counterfeit investigations; of which 4 $2,366,000 shall be for forensic and related support of 5 investigations of missing and exploited children; of which 6 $6,000,000 shall be for a grant for activities related to 7 investigations of missing and exploited children and shall 8 remain available until September 30, 2015; and of which 9 not less than $7,500,000 shall be for activities related to 10 training in electronic crimes investigations and forensics: 11 Provided, That $18,000,000 for protective travel shall re12 main available until September 30, 2015: Provided further, 13 That $4,500,000 for National Special Security Events 14 shall remain available until September 30, 2015: Provided 15 further, That the United States Secret Service is author16 ized to obligate funds in anticipation of reimbursements 17 from Federal agencies and entities, as defined in section 18 105 of title 5, United States Code, for personnel receiving 19 training sponsored by the James J. Rowley Training Cen20 ter, except that total obligations at the end of the fiscal 21 year shall not exceed total budgetary resources available 22 under this heading at the end of the fiscal year: Provided 23 further, That none of the funds made available under this 24 heading shall be available to compensate any employee for 25 overtime in an annual amount in excess of $35,000, except

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630 1 that the Secretary of Homeland Security, or the designee 2 of the Secretary, may waive that amount as necessary for 3 national security purposes: Provided further, That none of 4 the funds made available to the United States Secret Serv5 ice by this Act or by previous appropriations Acts may 6 be made available for the protection of the head of a Fed7 eral agency other than the Secretary of Homeland Secu8 rity: Provided further, That the Director of the United 9 States Secret Service may enter into an agreement to pro10 vide such protection on a fully reimbursable basis: Pro11 vided further, That none of the funds made available to 12 the United States Secret Service by this Act or by previous 13 appropriations Acts may be obligated for the purpose of 14 opening a new permanent domestic or overseas office or 15 location unless the Committees on Appropriations of the 16 Senate and the House of Representatives are notified 15 17 days in advance of such obligation: Provided further, That 18 for purposes of section 503(b) of this Act, $15,000,000 19 or 10 percent, whichever is less, may be transferred be20 tween ‘‘Protection of Persons and Facilities’’ and ‘‘Domes21 tic Field Operations’’. 22

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

23

RELATED EXPENSES

24

For necessary expenses for acquisition, construction,

25 repair, alteration, and improvement of physical and tech-

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631 1 nological

infrastructure,

$51,775,000;

of

which

2 $5,380,000, to remain available until September 30, 2018, 3 shall be for acquisition, construction, improvement, and 4 maintenance of facilities; and of which $46,395,000, to re5 main available until September 30, 2016, shall be for in6 formation integration and technology transformation exe7 cution.

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632 1

TITLE III

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 3 4

RECOVERY NATIONAL PROTECTION

5

AND

PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

6

For salaries and expenses of the Office of the Under

7 Secretary for the National Protection and Programs Di8 rectorate, support for operations, and information tech9 nology, $56,499,000: Provided, That not to exceed $3,825 10 shall be for official reception and representation expenses. 11

INFRASTRUCTURE PROTECTION AND INFORMATION

12

SECURITY

13

For necessary expenses for infrastructure protection

14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002 16 (6 U.S.C. 121 et seq.), $1,187,000,000, of which 17 $225,000,000 shall remain available until September 30, 18 2015. 19

FEDERAL PROTECTIVE SERVICE

20

The revenues and collections of security fees credited

21 to this account shall be available until expended for nec22 essary expenses related to the protection of federally 23 owned and leased buildings and for the operations of the 24 Federal Protective Service: Provided, That the Secretary 25 of Homeland Security and the Director of the Office of

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633 1 Management and Budget shall certify in writing to the 2 Committees on Appropriations of the Senate and the 3 House of Representatives, not later than February 14, 4 2014, that the operations of the Federal Protective Service 5 will be fully funded in fiscal year 2014 through revenues 6 and collection of security fees, including maintaining not 7 fewer than 1,371 full-time equivalent staff and 1,007 full8 time equivalent Police Officers, Inspectors, Area Com9 manders, and Special Agents who, while working, are di10 rectly engaged on a daily basis protecting and enforcing 11 laws at Federal buildings (referred to as ‘‘in-service field 12 staff’’): Provided further, That if revenues and fee collec13 tions are insufficient to maintain the staffing levels in the 14 previous proviso, the Secretary of Homeland Security shall 15 submit an expenditure plan delineating the available rev16 enue by staffing levels and critical infrastructure invest17 ments: Provided further, That in implementing the pre18 vious proviso, the Secretary shall ensure revenues are 19 dedicated to ensure not fewer than 1,300 full-time equiva20 lent staff: Provided further, That the Director of the Fed21 eral Protective Service shall submit at the time the Presi22 dent’s budget proposal for fiscal year 2015 is submitted 23 pursuant to section 1105(a) of title 31, United States 24 Code, a strategic human capital plan that aligns fee collec-

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634 1 tions to personnel requirements based on a current threat 2 assessment. 3

OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

4

For necessary expenses for the Office of Biometric

5 Identity Management, as authorized by section 7208 of 6 the Intelligence Reform and Terrorism Prevention Act of 7 2004 (8 U.S.C. 1365b), $227,108,000: Provided, That of 8 the total amount made available under this heading, 9 $113,956,000 shall remain available until September 30, 10 2016. 11

OFFICE

12

OF

HEALTH AFFAIRS

For necessary expenses of the Office of Health Af-

13 fairs, $126,763,000; of which $25,667,000 is for salaries 14 and expenses and $85,277,000 is for BioWatch oper15 ations: Provided, That of the amount made available under 16 this heading, $15,819,000 shall remain available until 17 September 30, 2015, for biosurveillance, chemical defense, 18 medical and health planning and coordination, and work19 force health protection: Provided further, That not to ex20 ceed $2,250 shall be for official reception and representa21 tion expenses. 22

FEDERAL EMERGENCY MANAGEMENT AGENCY

23

SALARIES AND EXPENSES

24

For necessary expenses of the Federal Emergency

25 Management Agency, $946,982,000, including activities

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635 1 authorized by the National Flood Insurance Act of 1968 2 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 3 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 4 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi5 sion C, title I, 114 Stat. 583), the Earthquake Hazards 6 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De7 fense Production Act of 1950 (50 U.S.C. App. 2061 et 8 seq.), sections 107 and 303 of the National Security Act 9 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 10 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro11 gram Act (33 U.S.C. 467 et seq.), the Homeland Security 12 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec13 ommendations of the 9/11 Commission Act of 2007 (Pub14 lic Law 110–53), the Federal Fire Prevention and Control 15 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina 16 Emergency Management Reform Act of 2006 (Public Law 17 109–295; 120 Stat. 1394), and the Biggert-Waters Flood 18 Insurance Reform Act of 2012 (Public Law 112–141, 126 19 Stat. 916): Provided, That not to exceed $2,250 shall be 20 for official reception and representation expenses: Pro21 vided further, That of the total amount made available 22 under this heading, $35,180,000 shall be for the Urban 23 Search and Rescue Response System, of which none is 24 available for Federal Emergency Management Agency ad25 ministrative costs: Provided further, That of the total

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636 1 amount made available under this heading, $29,000,000 2 shall remain available until September 30, 2015, for cap3 ital improvements and other expenses related to continuity 4 of operations at the Mount Weather Emergency Oper5 ations Center: Provided further, That of the total amount 6 made available, $3,400,000 shall be for the Office of Na7 tional Capital Region Coordination: Provided further, That 8 of the total amount made available under this heading, 9 not less than $4,000,000 shall remain available until Sep10 tember 30, 2015, for expenses related to modernization 11 of automated systems: Provided further, That the Admin12 istrator of the Federal Emergency Management Agency, 13 in consultation with the Department of Homeland Secu14 rity Chief Information Officer, shall submit to the Com15 mittees on Appropriations of the Senate and the House 16 of Representatives an expenditure plan including results 17 to date, plans for the program, and a list of projects with 18 associated funding provided from prior appropriations and 19 provided by this Act for modernization of automated sys20 tems. 21

STATE AND LOCAL PROGRAMS

22

For grants, contracts, cooperative agreements, and

23 other activities, $1,500,000,000, which shall be allocated 24 as follows:

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637 1

(1) $466,346,000 shall be for the State Home-

2

land Security Grant Program under section 2004 of

3

the Homeland Security Act of 2002 (6 U.S.C. 605),

4

of which not less than $55,000,000 shall be for Op-

5

eration

6

standing subsection (c)(4) of such section 2004, for

7

fiscal year 2014, the Commonwealth of Puerto Rico

8

shall make available to local and tribal governments

9

amounts provided to the Commonwealth of Puerto

10

Rico under this paragraph in accordance with sub-

11

section (c)(1) of such section 2004.

Stonegarden:

Provided,

That

notwith-

12

(2) $600,000,000 shall be for the Urban Area

13

Security Initiative under section 2003 of the Home-

14

land Security Act of 2002 (6 U.S.C. 604), of which

15

not less than $13,000,000 shall be for organizations

16

(as described under section 501(c)(3) of the Internal

17

Revenue Code of 1986 and exempt from tax section

18

501(a) of such code) determined by the Secretary of

19

Homeland Security to be at high risk of a terrorist

20

attack.

21

(3) $100,000,000 shall be for Public Transpor-

22

tation Security Assistance, Railroad Security Assist-

23

ance, and Over-the-Road Bus Security Assistance

24

under sections 1406, 1513, and 1532 of the Imple-

25

menting Recommendations of the 9/11 Commission

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638 1

Act of 2007 (Public Law 110–53; 6 U.S.C. 1135,

2

1163,

3

$10,000,000 shall be for Amtrak security: Provided,

4

That such public transportation security assistance

5

shall be provided directly to public transportation

6

agencies.

7

and

1182),

of

which

not

less

than

(4) $100,000,000 shall be for Port Security

8

Grants in accordance with 46 U.S.C. 70107.

9

(5) $233,654,000 shall be to sustain current

10

operations for training, exercises, technical assist-

11

ance, and other programs, of which $162,991,000

12

shall be for training of State, local, and tribal emer-

13

gency response providers:

14 Provided, That for grants under paragraphs (1) through 15 (4), applications for grants shall be made available to eligi16 ble applicants not later than 60 days after the date of en17 actment of this Act, that eligible applicants shall submit 18 applications not later than 80 days after the grant an19 nouncement, and the Administrator of the Federal Emer20 gency Management Agency shall act within 65 days after 21 the receipt of an application: Provided further, That not22 withstanding section 2008(a)(11) of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro24 vision of law, a grantee may not use more than 5 percent 25 of the amount of a grant made available under this head-

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639 1 ing for expenses directly related to administration of the 2 grant: Provided further, That for grants under paragraphs 3 (1) and (2), the installation of communications towers is 4 not considered construction of a building or other physical 5 facility: Provided further, That grantees shall provide re6 ports on their use of funds, as determined necessary by 7 the Secretary of Homeland Security: Provided further, 8 That notwithstanding section 509 of this Act the Adminis9 trator of the Federal Emergency Management Agency 10 may use the funds provided in paragraph (5) to acquire 11 real property for the purpose of establishing or appro12 priately extending the security buffer zones around Fed13 eral Emergency Management Agency training facilities. 14

FIREFIGHTER ASSISTANCE GRANTS

15

For grants for programs authorized by the Federal

16 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 17 et seq.), $680,000,000, to remain available until Sep18 tember 30, 2015, of which $340,000,000 shall be available 19 to carry out section 33 of that Act (15 U.S.C. 2229) and 20 $340,000,000 shall be available to carry out section 34 21 of that Act (15 U.S.C. 2229a). 22

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

23

For emergency management performance grants, as

24 authorized by the National Flood Insurance Act of 1968 25 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster

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640 1 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 2 seq.), the Earthquake Hazards Reduction Act of 1977 (42 3 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 4 1978 (5 U.S.C. App.), $350,000,000. 5

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

6

The aggregate charges assessed during fiscal year

7 2014, as authorized in title III of the Departments of Vet8 erans Affairs and Housing and Urban Development, and 9 Independent Agencies Appropriations Act, 1999 (42 10 U.S.C. 5196e), shall not be less than 100 percent of the 11 amounts anticipated by the Department of Homeland Se12 curity necessary for its radiological emergency prepared13 ness program for the next fiscal year: Provided, That the 14 methodology for assessment and collection of fees shall be 15 fair and equitable and shall reflect costs of providing such 16 services, including administrative costs of collecting such 17 fees: Provided further, That fees received under this head18 ing shall be deposited in this account as offsetting collec19 tions and will become available for authorized purposes on 20 October 1, 2014, and remain available until September 30, 21 2016. 22

UNITED STATES FIRE ADMINISTRATION

23

For necessary expenses of the United States Fire Ad-

24 ministration and for other purposes, as authorized by the 25 Federal Fire Prevention and Control Act of 1974 (15

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641 1 U.S.C. 2201 et seq.) and the Homeland Security Act of 2 2002 (6 U.S.C. 101 et seq.), $44,000,000. 3

DISASTER RELIEF FUND

4

(INCLUDING TRANSFER OF FUNDS)

5

For necessary expenses in carrying out the Robert

6 T. Stafford Disaster Relief and Emergency Assistance Act 7 (42 U.S.C. 5121 et seq.), $6,220,908,000, to remain avail8 able until expended, of which $24,000,000 shall be trans9 ferred to the Department of Homeland Security Office of 10 Inspector General for audits and investigations related to 11 disasters: Provided, That the Administrator of the Federal 12 Emergency Management Agency shall submit an expendi13 ture plan to the Committees on Appropriations of the Sen14 ate and the House of Representatives detailing the use of 15 the funds made available in this or any other Act for dis16 aster readiness and support not later than 60 days after 17 the date of enactment of this Act: Provided further, That 18 the Administrator of the Federal Emergency Management 19 Agency shall submit to such Committees a quarterly re20 port detailing obligations against the expenditure plan and 21 a justification for any changes from the initial plan: Pro22 vided further, That the Administrator of the Federal 23 Emergency Management Agency shall submit to the Com24 mittees on Appropriations of the Senate and the House 25 of Representatives the following reports, including a spe-

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642 1 cific description of the methodology and the source data 2 used in developing such reports: 3

(1) an estimate of the following amounts shall

4

be submitted for the budget year at the time that

5

the President’s budget proposal for fiscal year 2015

6

is submitted pursuant to section 1105(a) of title 31,

7

United States Code:

8

(A) the unobligated balance of funds to be

9

carried over from the prior fiscal year to the

10

budget year;

11

(B) the unobligated balance of funds to be

12

carried over from the budget year to the budget

13

year plus 1;

14

(C) the amount of obligations for non-cata-

15

strophic events for the budget year;

16

(D) the amount of obligations for the

17

budget year for catastrophic events delineated

18

by event and by State;

19

(E) the total amount that has been pre-

20

viously obligated or will be required for cata-

21

strophic events delineated by event and by State

22

for all prior years, the current year, the budget

23

year, the budget year plus 1, the budget year

24

plus 2, and the budget year plus 3 and beyond;

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643 1

(F) the amount of previously obligated

2

funds that will be recovered for the budget

3

year;

4

(G) the amount that will be required for

5

obligations for emergencies, as described in sec-

6

tion 102(1) of the Robert T. Stafford Disaster

7

Relief and Emergency Assistance Act (42

8

U.S.C. 5122(1)), major disasters, as described

9

in section 102(2) of the Robert T. Stafford Dis-

10

aster Relief and Emergency Assistance Act (42

11

U.S.C. 5122(2)), fire management assistance

12

grants, as described in section 420 of the Rob-

13

ert T. Stafford Disaster Relief and Emergency

14

Assistance Act (42 U.S.C. 5187), surge activi-

15

ties, and disaster readiness and support activi-

16

ties;

17

(H) the amount required for activities not

18

covered under section 251(b)(2)(D)(iii) of the

19

Balanced Budget and Emergency Deficit Con-

20

trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii);

21

Public Law 99–177);

22

(2) an estimate or actual amounts, if available,

23

of the following for the current fiscal year shall be

24

submitted not later than the fifth day of each

25

month, and shall be published by the Administrator

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644 1

on the Agency’s Web site not later than the fifth day

2

of each month:

3

(A) a summary of the amount of appro-

4

priations made available by source, the trans-

5

fers executed, the previously allocated funds re-

6

covered, and the commitments, allocations, and

7

obligations made;

8

(B) a table of disaster relief activity delin-

9

eated by month, including—

10

(i) the beginning and ending balances;

11

(ii) the total obligations to include

12

amounts obligated for fire assistance,

13

emergencies, surge, and disaster support

14

activities;

15

(iii) the obligations for catastrophic

16

events delineated by event and by State;

17

and

18

(iv) the amount of previously obli-

19

gated funds that are recovered;

20

(C) a summary of allocations, obligations,

21

and expenditures for catastrophic events delin-

22

eated by event;

23

(D) in addition, for a disaster declaration

24

related to Hurricane Sandy, the cost of the fol-

25

lowing categories of spending: public assistance,

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645 1

individual assistance, mitigation, administrative,

2

operations, and any other relevant category (in-

3

cluding emergency measures and disaster re-

4

sources); and

5

(E) the date on which funds appropriated

6

will be exhausted:

7 Provided further, That the Administrator shall publish on 8 the Agency’s Web site not later than 5 days after an 9 award of a public assistance grant under section 406 of 10 the Robert T. Stafford Disaster Relief and Emergency As11 sistance Act (42 U.S.C. 5172) the specifics of the grant 12 award: Provided further, That for any mission assignment 13 or mission assignment task order to another Federal de14 partment or agency regarding a major disaster, not later 15 than 5 days after the issuance of the mission assignment 16 or task order, the Administrator shall publish on the 17 Agency’s Web site the following: the name of the impacted 18 State and the disaster declaration for such State, the as19 signed agency, the assistance requested, a description of 20 the disaster, the total cost estimate, and the amount obli21 gated: Provided further, That not later than 10 days after 22 the last day of each month until the mission assignment 23 or task order is completed and closed out, the Adminis24 trator shall update any changes to the total cost estimate 25 and the amount obligated: Provided further, That of the

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646 1 amount provided under this heading, $5,626,386,000 shall 2 be for major disasters declared pursuant to the Robert T. 3 Stafford Disaster Relief and Emergency Assistance Act 4 (42 U.S.C. 5121 et seq.): Provided further, That the 5 amount in the preceding proviso is designated by the Con6 gress as being for disaster relief pursuant to section 7 251(b)(2)(D) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9

FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

10

For necessary expenses, including administrative

11 costs, under section 1360 of the National Flood Insurance 12 Act of 1968 (42 U.S.C. 4101), and under sections 13 100215, 100216, 100226, 100230, and 100246 of the 14 Biggert-Waters Flood Insurance Reform Act of 2012, 15 (Public Law 112–141, 126 Stat. 916), $95,202,000, and 16 such additional sums as may be provided by State and 17 local governments or other political subdivisions for cost18 shared mapping activities under section 1360(f)(2) of such 19 Act (42 U.S.C. 4101(f)(2)), to remain available until ex20 pended. 21

NATIONAL FLOOD INSURANCE FUND

22

For activities under the National Flood Insurance

23 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 24 Protection Act of 1973 (42 U.S.C. 4001 et seq.), and the 25 Biggert-Waters Flood Insurance Reform Act of 2012

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647 1 (Public Law 112–141, 126 Stat. 916), $176,300,000, 2 which shall be derived from offsetting amounts collected 3 under section 1308(d) of the National Flood Insurance 4 Act of 1968 (42 U.S.C. 4015(d)); of which not to exceed 5 $22,000,000 shall be available for salaries and expenses 6 associated with flood mitigation and flood insurance oper7 ations; and not less than $154,300,000 shall be available 8 for flood plain management and flood mapping, to remain 9 available until September 30, 2015: Provided, That any 10 additional fees collected pursuant to section 1308(d) of the 11 National Flood Insurance Act of 1968 (42 U.S.C. 12 4015(d)) shall be credited as an offsetting collection to 13 this account, to be available for flood plain management 14 and flood mapping: Provided further, That in fiscal year 15 2014, no funds shall be available from the National Flood 16 Insurance Fund under section 1310 of that Act (42 17 U.S.C. 4017) in excess of: 18

(1) $132,000,000 for operating expenses;

19

(2) $1,152,000,000 for commissions and taxes

20

of agents;

21

(3) such sums as are necessary for interest on

22

Treasury borrowings; and

23

(4) $100,000,000, which shall remain available

24

until expended, for flood mitigation actions under

25

section 1366 of the National Flood Insurance Act of

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648 1

1968 (42 U.S.C. 4104c): Provided further, That the

2

amounts collected under section 102 of the Flood

3

Disaster Protection Act of 1973 (42 U.S.C. 4012a)

4

and section 1366(e) of the National Flood Insurance

5

Act of 1968 shall be deposited in the National Flood

6

Insurance Fund to supplement other amounts speci-

7

fied as available for section 1366 of the National

8

Flood Insurance Act of 1968, notwithstanding sub-

9

section (f)(8) of such section 102 (42 U.S.C.

10

4012a(f)(8)) and subsection 1366(e) and paragraphs

11

(2) and (3) of section 1367(b) of the National Flood

12

Insurance Act of 1968 (42 U.S.C. 4104c(e),

13

4104d(b)(2)–(3)): Provided further, That total ad-

14

ministrative costs shall not exceed 4 percent of the

15

total appropriation.

16

NATIONAL PREDISASTER MITIGATION FUND

17

For the predisaster mitigation grant program under

18 section 203 of the Robert T. Stafford Disaster Relief and 19 Emergency

Assistance

Act

(42

U.S.C.

5133),

20 $25,000,000, to remain available until expended. 21

EMERGENCY FOOD AND SHELTER

22

To carry out the emergency food and shelter program

23 pursuant to title III of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 25 remain available until expended: Provided, That total ad-

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649 1 ministrative costs shall not exceed 3.5 percent of the total 2 amount made available under this heading.

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650 1

TITLE IV

2

RESEARCH, DEVELOPMENT, TRAINING, AND

3

SERVICES

4

UNITED STATES CITIZENSHIP

5

SERVICES

6

AND IMMIGRATION

For necessary expenses for citizenship and immigra-

7 tion services, $113,889,000 for the E-Verify Program, as 8 described in section 403(a) of the Illegal Immigration Re9 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 10 1324a note), to assist United States employers with main11 taining a legal workforce: Provided, That notwithstanding 12 any other provision of law, funds otherwise made available 13 to United States Citizenship and Immigration Services 14 may be used to acquire, operate, equip, and dispose of up 15 to 5 vehicles, for replacement only, for areas where the 16 Administrator of General Services does not provide vehi17 cles for lease: Provided further, That the Director of 18 United States Citizenship and Immigration Services may 19 authorize employees who are assigned to those areas to 20 use such vehicles to travel between the employees’ resi21 dences and places of employment. 22

FEDERAL LAW ENFORCEMENT TRAINING CENTER

23

SALARIES AND EXPENSES

24

For necessary expenses of the Federal Law Enforce-

25 ment Training Center, including materials and support

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651 1 costs of Federal law enforcement basic training; the pur2 chase of not to exceed 117 vehicles for police-type use and 3 hire of passenger motor vehicles; expenses for student ath4 letic and related activities; the conduct of and participa5 tion in firearms matches and presentation of awards; pub6 lic awareness and enhancement of community support of 7 law enforcement training; room and board for student in8 terns; a flat monthly reimbursement to employees author9 ized to use personal mobile phones for official duties; and 10 services as authorized by section 3109 of title 5, United 11 States Code; $227,845,000; of which up to $44,635,000 12 shall remain available until September 30, 2015, for mate13 rials and support costs of Federal law enforcement basic 14 training; of which $300,000 shall remain available until 15 expended to be distributed to Federal law enforcement 16 agencies for expenses incurred participating in training ac17 creditation; and of which not to exceed $9,180 shall be 18 for official reception and representation expenses: Pro19 vided, That the Center is authorized to obligate funds in 20 anticipation of reimbursements from agencies receiving 21 training sponsored by the Center, except that total obliga22 tions at the end of the fiscal year shall not exceed total 23 budgetary resources available at the end of the fiscal year: 24 Provided further, That section 1202(a) of Public Law 25 107–206 (42 U.S.C. 3771 note), as amended under this

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652 1 heading in division D of Public Law 113–6, is further 2 amended by striking ‘‘December 31, 2015’’ and inserting 3 ‘‘December 31, 2016’’: Provided further, That the Director 4 of the Federal Law Enforcement Training Center shall 5 schedule basic or advanced law enforcement training, or 6 both, at all four training facilities under the control of the 7 Federal Law Enforcement Training Center to ensure that 8 such training facilities are operated at the highest capacity 9 throughout the fiscal year: Provided further, That the Fed10 eral Law Enforcement Training Accreditation Board, in11 cluding representatives from the Federal law enforcement 12 community and non-Federal accreditation experts involved 13 in law enforcement training, shall lead the Federal law 14 enforcement training accreditation process to continue the 15 implementation of measuring and assessing the quality 16 and effectiveness of Federal law enforcement training pro17 grams, facilities, and instructors. 18

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

19

RELATED EXPENSES

20

For acquisition of necessary additional real property

21 and facilities, construction, and ongoing maintenance, fa22 cility improvements, and related expenses of the Federal 23 Law Enforcement Training Center, $30,885,000, to re24 main available until September 30, 2018: Provided, That 25 the Center is authorized to accept reimbursement to this

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653 1 appropriation from government agencies requesting the 2 construction of special use facilities. 3

SCIENCE

4

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

5

For salaries and expenses of the Office of the Under

6 Secretary for Science and Technology and for manage7 ment and administration of programs and activities, as 8 authorized by title III of the Homeland Security Act of 9 2002 (6 U.S.C. 181 et seq.), $129,000,000: Provided, 10 That not to exceed $7,650 shall be for official reception 11 and representation expenses. 12

RESEARCH, DEVELOPMENT, ACQUISITION, AND

13

OPERATIONS

14

For necessary expenses for science and technology re-

15 search, including advanced research projects, development, 16 test and evaluation, acquisition, and operations as author17 ized by title III of the Homeland Security Act of 2002 18 (6 U.S.C. 181 et seq.), and the purchase or lease of not 19 to

exceed

5

vehicles,

$1,091,212,000;

of

which

20 $543,427,000 shall remain available until September 30, 21 2016; and of which $547,785,000 shall remain available 22 until September 30, 2018, solely for operation and con23 struction of laboratory facilities: Provided, That of the 24 funds provided for the operation and construction of lab25 oratory facilities under this heading, $404,000,000 shall

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654 1 be for construction of the National Bio- and Agro-defense 2 Facility. 3

DOMESTIC NUCLEAR DETECTION OFFICE

4

MANAGEMENT AND ADMINISTRATION

5

For salaries and expenses of the Domestic Nuclear

6 Detection Office, as authorized by title XIX of the Home7 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man8 agement and administration of programs and activities, 9 $37,353,000: Provided, That not to exceed $2,250 shall 10 be for official reception and representation expenses: Pro11 vided further, That not later than 120 days after the date 12 of enactment of this Act, the Secretary of Homeland Secu13 rity shall submit to the Committees on Appropriations of 14 the Senate and the House of Representatives a strategic 15 plan of investments necessary to implement the Depart16 ment of Homeland Security’s responsibilities under the do17 mestic component of the global nuclear detection architec18 ture that shall: 19

(1) define the role and responsibilities of each

20

Departmental component in support of the domestic

21

detection architecture, including any existing or

22

planned programs to pre-screen cargo or convey-

23

ances overseas;

24

(2) identify and describe the specific invest-

25

ments being made by each Departmental component

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655 1

in fiscal year 2014 and planned for fiscal year 2015

2

to support the domestic architecture and the secu-

3

rity of sea, land, and air pathways into the United

4

States;

5

(3) describe the investments necessary to close

6

known vulnerabilities and gaps, including associated

7

costs and timeframes, and estimates of feasibility

8

and cost effectiveness; and

9

(4) explain how the Department’s research and

10

development funding is furthering the implementa-

11

tion of the domestic nuclear detection architecture,

12

including specific investments planned for each of

13

fiscal years 2014 and 2015.

14

RESEARCH, DEVELOPMENT, AND OPERATIONS

15

For necessary expenses for radiological and nuclear

16 research, development, testing, evaluation, and operations, 17 $205,302,000, to remain available until September 30, 18 2016. 19

SYSTEMS ACQUISITION

20

For expenses for the Domestic Nuclear Detection Of-

21 fice acquisition and deployment of radiological detection 22 systems in accordance with the global nuclear detection 23 architecture, $42,600,000, to remain available until Sep24 tember 30, 2016.

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656 1

TITLE V

2

GENERAL PROVISIONS

3

(INCLUDING RESCISSIONS OF FUNDS)

4

SEC. 501. No part of any appropriation contained in

5 this Act shall remain available for obligation beyond the 6 current fiscal year unless expressly so provided herein. 7

SEC. 502. Subject to the requirements of section 503

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 10 to appropriation accounts for such activities established 11 pursuant to this Act, may be merged with funds in the 12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 15

SEC. 503. (a) None of the funds provided by this Act,

16 provided by previous appropriations Acts to the agencies 17 in or transferred to the Department of Homeland Security 18 that remain available for obligation or expenditure in fiscal 19 year 2014, or provided from any accounts in the Treasury 20 of the United States derived by the collection of fees avail21 able to the agencies funded by this Act, shall be available 22 for obligation or expenditure through a reprogramming of 23 funds that: 24

(1) creates a new program, project, or activity;

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657 1

(2) eliminates a program, project, office, or ac-

2

tivity;

3

(3) increases funds for any program, project, or

4

activity for which funds have been denied or re-

5

stricted by the Congress;

6

(4) proposes to use funds directed for a specific

7

activity by either of the Committees on Appropria-

8

tions of the Senate or the House of Representatives

9

for a different purpose; or

10

(5) contracts out any function or activity for

11

which funding levels were requested for Federal full-

12

time equivalents in the object classification tables

13

contained in the fiscal year 2014 Budget Appendix

14

for the Department of Homeland Security, as modi-

15

fied by the report accompanying this Act, unless the

16

Committees on Appropriations of the Senate and the

17

House of Representatives are notified 15 days in ad-

18

vance of such reprogramming of funds.

19

(b) None of the funds provided by this Act, provided

20 by previous appropriations Acts to the agencies in or 21 transferred to the Department of Homeland Security that 22 remain available for obligation or expenditure in fiscal 23 year 2014, or provided from any accounts in the Treasury 24 of the United States derived by the collection of fees or 25 proceeds available to the agencies funded by this Act, shall

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658 1 be available for obligation or expenditure for programs, 2 projects, or activities through a reprogramming of funds 3 in excess of $5,000,000 or 10 percent, whichever is less, 4 that: 5

(1) augments existing programs, projects, or ac-

6

tivities;

7

(2) reduces by 10 percent funding for any exist-

8

ing program, project, or activity;

9

(3) reduces by 10 percent the numbers of per-

10

sonnel approved by the Congress; or

11

(4) results from any general savings from a re-

12

duction in personnel that would result in a change

13

in existing programs, projects, or activities as ap-

14

proved by the Congress, unless the Committees on

15

Appropriations of the Senate and the House of Rep-

16

resentatives are notified 15 days in advance of such

17

reprogramming of funds.

18

(c) Not to exceed 5 percent of any appropriation

19 made available for the current fiscal year for the Depart20 ment of Homeland Security by this Act or provided by 21 previous appropriations Acts may be transferred between 22 such appropriations, but no such appropriation, except as 23 otherwise specifically provided, shall be increased by more 24 than 10 percent by such transfers: Provided, That any 25 transfer under this section shall be treated as a re-

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659 1 programming of funds under subsection (b) and shall not 2 be available for obligation unless the Committees on Ap3 propriations of the Senate and the House of Representa4 tives are notified 15 days in advance of such transfer. 5

(d) Notwithstanding subsections (a), (b), and (c) of

6 this section, no funds shall be reprogrammed within or 7 transferred between appropriations based upon an initial 8 notification provided after June 30, except in extraor9 dinary circumstances that imminently threaten the safety 10 of human life or the protection of property. 11

(e) The notification thresholds and procedures set

12 forth in this section shall apply to any use of deobligated 13 balances of funds provided in previous Department of 14 Homeland Security Appropriations Acts. 15

SEC. 504. The Department of Homeland Security

16 Working Capital Fund, established pursuant to section 17 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 18 continue operations as a permanent working capital fund 19 for fiscal year 2014: Provided, That none of the funds ap20 propriated or otherwise made available to the Department 21 of Homeland Security may be used to make payments to 22 the Working Capital Fund, except for the activities and 23 amounts allowed in the President’s fiscal year 2014 budg24 et: Provided further, That funds provided to the Working 25 Capital Fund shall be available for obligation until ex-

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660 1 pended to carry out the purposes of the Working Capital 2 Fund: Provided further, That all departmental components 3 shall be charged only for direct usage of each Working 4 Capital Fund service: Provided further, That funds pro5 vided to the Working Capital Fund shall be used only for 6 purposes consistent with the contributing component: Pro7 vided further, That the Working Capital Fund shall be 8 paid in advance or reimbursed at rates which will return 9 the full cost of each service: Provided further, That the 10 Committees on Appropriations of the Senate and House 11 of Representatives shall be notified of any activity added 12 to or removed from the fund: Provided further, That the 13 Chief Financial Officer of the Department of Homeland 14 Security shall submit a quarterly execution report with ac15 tivity level detail, not later than 30 days after the end of 16 each quarter. 17

SEC. 505. Except as otherwise specifically provided

18 by law, not to exceed 50 percent of unobligated balances 19 remaining available at the end of fiscal year 2014, as re20 corded in the financial records at the time of a reprogram21 ming request, but not later than June 30, 2015, from ap22 propriations for salaries and expenses for fiscal year 2014 23 in this Act shall remain available through September 30, 24 2015, in the account and for the purposes for which the 25 appropriations were provided: Provided, That prior to the

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661 1 obligation of such funds, a request shall be submitted to 2 the Committees on Appropriations of the Senate and the 3 House of Representatives for approval in accordance with 4 section 503 of this Act. 5

SEC. 506. Funds made available by this Act for intel-

6 ligence activities are deemed to be specifically authorized 7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 9 year 2014 until the enactment of an Act authorizing intel10 ligence activities for fiscal year 2014. 11

SEC. 507. (a) Except as provided in subsections (b)

12 and (c), none of the funds made available by this Act may 13 be used to— 14

(1) make or award a grant allocation, grant,

15

contract, other transaction agreement, or task or de-

16

livery order on a Department of Homeland Security

17

multiple award contract, or to issue a letter of intent

18

totaling in excess of $1,000,000;

19

(2) award a task or delivery order requiring an

20

obligation of funds in an amount greater than

21

$10,000,000 from multi-year Department of Home-

22

land Security funds or a task or delivery order that

23

would cause cumulative obligations of multi-year

24

funds in a single account to exceed 50 percent of the

25

total amount appropriated;

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662 1

(3) make a sole-source grant award; or

2

(4) announce publicly the intention to make or

3

award items under paragraph (1), (2), or (3) includ-

4

ing a contract covered by the Federal Acquisition

5

Regulation.

6

(b) The Secretary of Homeland Security may waive

7 the prohibition under subsection (a) if the Secretary noti8 fies the Committees on Appropriations of the Senate and 9 the House of Representatives at least 3 full business days 10 in advance of making an award or issuing a letter as de11 scribed in that subsection. 12

(c) If the Secretary of Homeland Security determines

13 that compliance with this section would pose a substantial 14 risk to human life, health, or safety, an award may be 15 made without notification, and the Secretary shall notify 16 the Committees on Appropriations of the Senate and the 17 House of Representatives not later than 5 full business 18 days after such an award is made or letter issued. 19

(d) A notification under this section—

20

(1) may not involve funds that are not available

21

for obligation; and

22

(2) shall include the amount of the award; the

23

fiscal year for which the funds for the award were

24

appropriated; the type of contract; and the account

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663 1

and each program, project, and activity from which

2

the funds are being drawn.

3

(e) The Administrator of the Federal Emergency

4 Management Agency shall brief the Committees on Appro5 priations of the Senate and the House of Representatives 6 5 full business days in advance of announcing publicly the 7 intention of making an award under ‘‘State and Local 8 Programs’’. 9

SEC. 508. Notwithstanding any other provision of

10 law, no agency shall purchase, construct, or lease any ad11 ditional facilities, except within or contiguous to existing 12 locations, to be used for the purpose of conducting Federal 13 law enforcement training without the advance approval of 14 the Committees on Appropriations of the Senate and the 15 House of Representatives, except that the Federal Law 16 Enforcement Training Center is authorized to obtain the 17 temporary use of additional facilities by lease, contract, 18 or other agreement for training that cannot be accommo19 dated in existing Center facilities. 20

SEC. 509. None of the funds appropriated or other-

21 wise made available by this Act may be used for expenses 22 for any construction, repair, alteration, or acquisition 23 project for which a prospectus otherwise required under 24 chapter 33 of title 40, United States Code, has not been 25 approved, except that necessary funds may be expended

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664 1 for each project for required expenses for the development 2 of a proposed prospectus. 3

SEC. 510. (a) Sections 520, 522, and 530 of the De-

4 partment of Homeland Security Appropriations Act, 2008 5 (division E of Public Law 110–161; 121 Stat. 2073 and 6 2074) shall apply with respect to funds made available in 7 this Act in the same manner as such sections applied to 8 funds made available in that Act. 9

(b) The third proviso of section 537 of the Depart-

10 ment of Homeland Security Appropriations Act, 2006 (6 11 U.S.C. 114), shall not apply with respect to funds made 12 available in this Act. 13

SEC. 511. None of the funds made available in this

14 Act may be used in contravention of the applicable provi15 sions of the Buy American Act. For purposes of the pre16 ceding sentence, the term ‘‘Buy American Act’’ means 17 chapter 83 of title 41, United States Code. 18

SEC. 512. None of the funds made available in this

19 Act may be used by any person other than the Privacy 20 Officer appointed under subsection (a) of section 222 of 21 the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to 22 alter, direct that changes be made to, delay, or prohibit 23 the transmission to Congress of any report prepared under 24 paragraph (6) of such subsection.

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665 1

SEC. 513. None of the funds made available in this

2 Act may be used to amend the oath of allegiance required 3 by section 337 of the Immigration and Nationality Act 4 (8 U.S.C. 1448). 5

SEC. 514. Within 30 days after the end of each

6 month, the Chief Financial Officer of the Department of 7 Homeland Security shall submit to the Committees on Ap8 propriations of the Senate and the House of Representa9 tives a monthly budget and staffing report for that month 10 that includes total obligations, on-board versus funded 11 full-time equivalent staffing levels, and the number of con12 tract employees for each office of the Department. 13

SEC. 515. Except as provided in section 44945 of title

14 49, United States Code, funds appropriated or transferred 15 to Transportation Security Administration ‘‘Aviation Se16 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 17 Support’’ for fiscal years 2004 and 2005 that are recov18 ered or deobligated shall be available only for the procure19 ment or installation of explosives detection systems, air 20 cargo, baggage, and checkpoint screening systems, subject 21 to notification: Provided, That quarterly reports shall be 22 submitted to the Committees on Appropriations of the 23 Senate and the House of Representatives on any funds 24 that are recovered or deobligated.

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666 1

SEC. 516. None of the funds appropriated by this Act

2 may be used to process or approve a competition under 3 Office of Management and Budget Circular A–76 for serv4 ices provided by employees (including employees serving 5 on a temporary or term basis) of United States Citizen6 ship and Immigration Services of the Department of 7 Homeland Security who are known as Immigration Infor8 mation Officers, Contact Representatives, Investigative 9 Assistants, or Immigration Services Officers. 10

SEC. 517. Any funds appropriated to ‘‘Coast Guard

11 Acquisition, Construction, and Improvements’’ for fiscal 12 years 2002, 2003, 2004, 2005, and 2006 for the 110– 13 123 foot patrol boat conversion that are recovered, col14 lected, or otherwise received as the result of negotiation, 15 mediation, or litigation, shall be available until expended 16 for the Fast Response Cutter program. 17

SEC. 518. Section 532(a) of Public Law 109–295

18 (120 Stat. 1384) is amended by striking ‘‘2013’’ and in19 serting ‘‘2014 and thereafter’’. 20

SEC. 519. The functions of the Federal Law Enforce-

21 ment Training Center instructor staff shall be classified 22 as inherently governmental for the purpose of the Federal 23 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 24 note).

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667 1

SEC. 520. (a) The Secretary of Homeland Security

2 shall submit a report not later than October 15, 2014, 3 to the Office of Inspector General of the Department of 4 Homeland Security listing all grants and contracts award5 ed by any means other than full and open competition dur6 ing fiscal year 2014. 7

(b) The Inspector General shall review the report re-

8 quired by subsection (a) to assess Departmental compli9 ance with applicable laws and regulations and report the 10 results of that review to the Committees on Appropriations 11 of the Senate and the House of Representatives not later 12 than February 15, 2015. 13

SEC. 521. None of the funds provided by this or pre-

14 vious appropriations Acts shall be used to fund any posi15 tion designated as a Principal Federal Official (or the suc16 cessor thereto) for any Robert T. Stafford Disaster Relief 17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 18 declared disasters or emergencies unless— 19

(1) the responsibilities of the Principal Federal

20

Official do not include operational functions related

21

to incident management, including coordination of

22

operations, and are consistent with the requirements

23

of section 509(c) and sections 503(c)(3) and

24

503(c)(4)(A) of the Homeland Security Act of 2002

25

(6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))

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668 1

and section 302 of the Robert T. Stafford Disaster

2

Relief and Assistance Act (42 U.S.C. 5143);

3

(2) not later than 10 business days after the

4

latter of the date on which the Secretary of Home-

5

land Security appoints the Principal Federal Official

6

and the date on which the President issues a dec-

7

laration under section 401 or section 501 of the

8

Robert T. Stafford Disaster Relief and Emergency

9

Assistance Act (42 U.S.C. 5170 and 5191, respec-

10

tively), the Secretary of Homeland Security shall

11

submit a notification of the appointment of the Prin-

12

cipal Federal Official and a description of the re-

13

sponsibilities of such Official and how such respon-

14

sibilities are consistent with paragraph (1) to the

15

Committees on Appropriations of the Senate and the

16

House of Representatives, the Transportation and

17

Infrastructure Committee of the House of Rep-

18

resentatives, and the Homeland Security and Gov-

19

ernmental Affairs Committee of the Senate; and

20

(3) not later than 60 days after the date of en-

21

actment of this Act, the Secretary shall provide a re-

22

port specifying timeframes and milestones regarding

23

the update of operations, planning and policy docu-

24

ments, and training and exercise protocols, to ensure

25

consistency with paragraph (1) of this section.

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669 1

SEC. 522. None of the funds provided or otherwise

2 made available in this Act shall be available to carry out 3 section 872 of the Homeland Security Act of 2002 (6 4 U.S.C. 452). 5

SEC. 523. Funds made available in this Act may be

6 used to alter operations within the Civil Engineering Pro7 gram of the Coast Guard nationwide, including civil engi8 neering units, facilities design and construction centers, 9 maintenance and logistics commands, and the Coast 10 Guard Academy, except that none of the funds provided 11 in this Act may be used to reduce operations within any 12 Civil Engineering Unit unless specifically authorized by a 13 statute enacted after the date of enactment of this Act. 14

SEC. 524. None of the funds made available in this

15 Act may be used by United States Citizenship and Immi16 gration Services to grant an immigration benefit unless 17 the results of background checks required by law to be 18 completed prior to the granting of the benefit have been 19 received by United States Citizenship and Immigration 20 Services, and the results do not preclude the granting of 21 the benefit. 22

SEC. 525. Section 831 of the Homeland Security Act

23 of 2002 (6 U.S.C. 391) is amended—

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670 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 success9 ful acquisition outcomes (which outcomes shall be speci10 fied in terms of cost, schedule, and performance). 11

SEC. 527. Notwithstanding any other provision of

12 law, none of the funds provided in this or any other Act 13 shall be used to approve a waiver of the navigation and 14 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 15 the transportation of crude oil distributed from the Stra16 tegic Petroleum Reserve until the Secretary of Homeland 17 Security, after consultation with the Secretaries of the De18 partments of Energy and Transportation and representa19 tives from the United States flag maritime industry, takes 20 adequate measures to ensure the use of United States flag 21 vessels: Provided, That the Secretary shall notify the Com22 mittees on Appropriations of the Senate and the House 23 of Representatives, the Committee on Commerce, Science, 24 and Transportation of the Senate, and the Committee on 25 Transportation and Infrastructure of the House of Rep-

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671 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 im9 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 trans12 porting on their person a personal-use quantity of the pre13 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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672 1

SEC. 530. The Secretary of Homeland Security, in

2 consultation with the Secretary of the Treasury, shall no3 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 Represent12 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 devel15 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 de24 scribed in section 403(a) of the Illegal Immigration Re25 form and Immigrant Responsibility Act of 1996 (8 U.S.C.

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673 1 1324a note), the Administrator shall certify to the Com2 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 pub10 lish on the Web site of the Federal Emergency Manage11 ment Agency a report regarding that decision that shall 12 summarize damage assessment information used to deter13 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 de16 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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674 1

SEC. 535. Any official that is required by this Act

2 to report or to certify to the Committees on Appropria3 tions of the Senate and the House of Representatives may 4 not delegate such authority to perform that act unless spe5 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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675 1 301–10.122 through 301.10–124 of title 41, Code of Fed2 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 par9 ticipates in the Registered Traveler or successor program 10 of the Transportation Security Administration shall safe11 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 pro3 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 proce11 dures used by the company to comply with such require12 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 perform18 ance that does not meet the basic requirements of a con19 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 con25 sistent with applicable laws, regulations, and guidance.

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677 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 Immi5 gration Services in fiscal year 2014 for the purpose of pro6 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 pro9 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 immi12 grant integration may be used to provide services to aliens 13 who have not been lawfully admitted for permanent resi14 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 build20 ings and facilities for the department headquarters con21 solidation project and associated mission support consoli22 dation: Provided, That the Committees on Appropriations 23 of the Senate and the House of Representatives shall re24 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 De5 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 appro11 priations available to the Department of Homeland Secu12 rity: Provided, That the Secretary shall notify the Com13 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 dis21 pose of individual Service Processing Centers or other 22 U.S. Immigration and Customs Enforcement owned de23 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 facili2 ties, subject to such terms and conditions as necessary to 3 protect Government interests and meet program require4 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 de7 posited as offsetting collections into a separate account 8 that shall be available, subject to appropriation, until ex9 pended for other real property capital asset needs of exist10 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 Represent17 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 Re22 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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681 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 Iden5 tity Management shall, with respect to fiscal years 2014, 6 2015, 2016, and 2017, submit to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives, at the time that the President’s budget proposal for 9 fiscal year 2015 is submitted pursuant to the require10 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 head13 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 Of19 ficer’’, ‘‘United States Secret Service, Acquisition, Con20 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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682 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 sec9 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’’ pro15 gram, project, and activity shall be used to deploy on Fed16 eral systems technology to improve the information secu17 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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683 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 there4 after, the Under Secretary of Homeland Security of the 5 National Protection and Programs Directorate shall sub6 mit to the Committees on Appropriations of the Senate 7 and the House of Representatives a report on the obliga8 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 in15 stalled, maintained, and operated in accordance with all 16 applicable privacy laws and agency-specific policies regard17 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 Appro23 priations of the Senate and the House of Representatives 24 expenditure plans for necessary cybersecurity improve-

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684 1 ments to address known vulnerabilities to information sys2 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 Di8 rector of the Office of Management and Budget shall sum9 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 Intel18 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 crimi2 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 indi6 vidual if the Federal law enforcement officer knows or sus7 pects that the individual is an agent of a drug cartel unless 8 law enforcement personnel of the United States continu9 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 Pre12 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. Im17 migration and Customs Enforcement. 18

SEC. 559. (a) IN GENERAL.—In addition to existing

19 authorities, the Commissioner of U.S. Customs and Bor20 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 pri24 vate sector and government entities at ports of entry for 25 certain services and to accept certain donations.

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686 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 Protec5 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 re9 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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687 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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688 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 24

(e) AUTHORITY THE

PROVISION

OF

TO

ENTER INTO AGREEMENTS

CERTAIN SERVICES

AT

PORTS

FOR OF

25 ENTRY.—

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689 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

25

DESCRIBED.—Services

described

in this paragraph are any activities of any employee

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690 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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691 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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692 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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693 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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694 1

which U.S. Customs and Border Protection has en-

2

tered into a partnership.

3

(2) ALLOWABLE

USES OF DONATIONS.—The

4

Commissioner and the Administrator, with respect

5

to any donation provided pursuant to paragraph (1),

6

may—

7

(A) use such donation for necessary activi-

8

ties related to the construction, alteration, oper-

9

ation, or maintenance of an existing port of

10

entry facility under the jurisdiction, custody,

11

and control of the Commissioner, including ex-

12

penses related to—

13

(i) land acquisition, design, construc-

14

tion, repair and alteration;

15

(ii) furniture, fixtures, and equipment;

16

(iii) the deployment of technology and

17

equipment; and

18

(iv) operations and maintenance; or

19

(B) transfer such property or services to

20

the Administrator for necessary activities de-

21

scribed in subparagraph (A) related to a new or

22

existing port of entry under the jurisdiction,

23

custody, and control of the Administrator, sub-

24

ject to chapter 33 of title 40, United States

25

Code.

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695 1

(3) CONSULTATION

2

(A) WITH

AND BUDGET.—

THE PRIVATE SECTOR OR GOV-

3

ERNMENT ENTITY.—To

4

scribed in paragraph (1), the Commissioner and

5

the Administrator shall—

accept a donation de-

6

(i) consult with the appropriate stake-

7

holders and the private sector or govern-

8

ment entity that is providing the donation

9

and provide such entity with a description

10

of the intended use of such donation; and

11

(ii) submit to the Committee on Ap-

12

propriations, the Committee on Homeland

13

Security, and the Committee on Transpor-

14

tation and Infrastructure of the House of

15

Representatives and the Committee on Ap-

16

propriations, the Committee on Homeland

17

Security and Governmental Affairs, and

18

the Committee on Environment and Public

19

Works of the Senate a report not later

20

than one year after the date of enactment

21

of this Act, and annually thereafter, that

22

describes—

23

(I) the accepted donations re-

24

ceived under this subsection;

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696 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

8

PROVISION.—Nothing

in this

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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697 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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698 1

(I) other factors that the Commissioner or

2

Administrator determines to be relevant.

3

(6) UNCONDITIONAL

MONETARY DONATIONS.—

4

A monetary donation shall be made unconditionally,

5

although the donor may specify—

6

(A) the port of entry facility or facilities to

7

be benefitted from such donation; and

8

(B) the timeframe during which such do-

9

nation shall be used.

10

(7) SUPPLEMENTAL

FUNDING.—Real

or per-

11

sonal property (including monetary donations) or

12

nonpersonal services donated pursuant to paragraph

13

(1) may be used in addition to any other funding

14

(including appropriated funds), property, or services

15

made available for the same purpose.

16

(8) RETURN

OF DONATIONS.—If

the Commis-

17

sioner or the Administrator does not use the real

18

property or monetary donation donated pursuant to

19

paragraph (1) for the specific port of entry facility

20

or facilities designated by the donor or within the

21

timeframe specified by the donor, such donated real

22

property or money may be returned to the donor. No

23

interest shall be owed to the donor with respect to

24

any donation of funding provided under such para-

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699 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 Com11 mittee on Transportation and Infrastructure of the House 12 of Representatives and the Committee on Homeland Secu13 rity and Governmental Affairs and the Committee on En14 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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700 1

(3) the term ‘‘Administrator’’ means the Ad-

2

ministrator of General Services.

3

(i) ROLE

4

TION.—Under

OF

GENERAL SERVICES ADMINISTRA-

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 un12 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 Sen15 ate and the House of Representatives within at least 10 16 days of that determination and the basis for that deter17 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 rep20 resentatives of the United States Government and of for21 eign governments, international organizations, or non22 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 cor2 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 cor8 poration, or such officer or agent, and made a determina9 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 cor15 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 agree19 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 in24 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 Secu4 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 Pro7 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 oper11 ations at the airport provide a homeland or national secu12 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 car15 rier is operating at all airports contemplated for establish16 ment of new air preclearance operations. 17

SEC. 565. In making grants under the heading ‘‘Fire-

18 fighter Assistance Grants’’, the Secretary may grant waiv19 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 Per16 sonnel Management under section 3323 of title 5, United 17 States Code, shall be available on a temporary reemploy18 ment basis to conduct arbitrations of disputes arising from 19 delivery of assistance under the Federal Emergency Man20 agement Agency Public Assistance Program. 21

SEC. 568. As authorized by section 601(b) of the

22 United States-Colombia Trade Promotion Agreement Im23 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 enact5 ment of this Act and annually thereafter beginning with 6 the submission of the President’s budget proposal for fis7 cal year 2016 pursuant to section 1105(a) of title 31, 8 United States Code, a comprehensive report on the pur9 chase and usage of ammunition, subdivided by ammuni10 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 Re8 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 ca13 pacity of an air or land port’s physical infrastructure, air14 line arrival schedules, peak processing periods, and secu15 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 oper19 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 Bor23 der Protection shall consult with appropriate stakeholders, 24 including, but not limited to, airlines and airport opera25 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)

6

SEC. 573. Of the funds appropriated to the Depart-

7 ment of Homeland Security, the following funds are here8 by rescinded from the following accounts and programs 9 in the specified amounts: Provided, That no amounts may 10 be rescinded from amounts that were designated by the 11 Congress as an emergency requirement pursuant to a con12 current resolution on the budget or the Balanced Budget 13 and Emergency Deficit Control Act of 1985 (Public Law 14 99–177), as amended— 15

(1) $14,500,000 from Public Law 111–83

16

under the heading ‘‘Coast Guard Acquisition, Con-

17

struction, and Improvements’’;

18

(2) $35,500,000 from Public Law 112–10

19

under the heading ‘‘Coast Guard Acquisition, Con-

20

struction, and Improvements’’;

21

(3) $79,300,000 from Public Law 112–74

22

under the heading ‘‘Coast Guard Acquisition, Con-

23

struction, and Improvements’’;

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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)

20

SEC. 574. From the unobligated balances made avail-

21 able in the Department of the Treasury Forfeiture Fund 22 established by section 9703 of title 31, United States 23 Code, (added by section 638 of Public Law 102–393) 24 $100,000,000 shall be rescinded.

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708 1

(RESCISSIONS)

2

SEC. 575. Of the funds transferred to the Depart-

3 ment of Homeland Security when it was created in 2003, 4 the following funds are hereby rescinded from the fol5 lowing accounts and programs in the specified amounts: 6

(1) $306,015 from ‘‘U.S. Customs and Border

7

Protection, Salaries and Expenses’’;

8

(2) $25,093 from ‘‘U.S. Immigration and Cus-

9

toms Enforcement, Violent Crime Reduction Pro-

10

gram’’;

11

(3) $12,864 from ‘‘U.S. Immigration and Cus-

12

toms Enforcement, Salaries and Expenses’’ account

13

70x0504 under Public Law 107–117 (115 Stat

14

2293);

15

(4) $1,024,433 from ‘‘U.S. Immigration and

16

Customs Enforcement, Salaries and Expenses’’ ac-

17

count 70x0504 under Public Law 108–11 (117 Stat

18

582);

19

(5) $33,792 from ‘‘Coast Guard, Acquisition,

20

Construction, and Improvements’’;

21

(6) $682,854 from ‘‘Federal Emergency Man-

22

agement Agency, Office of Domestic Preparedness’’;

23

(7) $1,576,761 from ‘‘Federal Emergency Man-

24

agement Agency, National Predisaster Mitigation

25

Fund’’; and

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709 1

(8) $995,654 from the ‘‘Working Capital

2

Fund’’.

3

(RESCISSIONS)

4

SEC. 576. The following unobligated balances made

5 available to the Department of Homeland Security pursu6 ant to section 505 of the Department of Homeland Secu7 rity Act, 2013 (Public Law 113–6) are rescinded: 8

(1) $58,547 from ‘‘Office of the Under Sec-

9

retary for Management’’;

10

(2) $10,595 from ‘‘Office of the Chief Financial

11

Officer’’;

12

(3) $140,257 from ‘‘Office of the Chief Infor-

13

mation Officer’’;

14

(4) $375,118 from ‘‘Analysis and Operations’’;

15

(5) $47,996 from ‘‘Office of Inspector Gen-

16

eral’’;

17

(6) $408,150 from ‘‘U.S. Customs and Border

18

Protection, Salaries and Expenses’’;

19

(7) $49,357 from ‘‘U.S. Customs and Border

20

Protection, Automation Modernization’’;

21

(8) $35,729 from ‘‘U.S. Customs and Border

22

Protection, Air and Marine Operations’’;

23

(9) $2,635,154 from ‘‘U.S. Immigration and

24

Customs Enforcement, Salaries and Expenses’’;

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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 des7 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 Emer14 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 INTE2

RIOR, ENVIRONMENT, AND RELATED

3

AGENCIES APPROPRIATIONS ACT, 2014

4

TITLE I

5

DEPARTMENT OF THE INTERIOR

6

BUREAU

7

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

8

For necessary expenses for protection, use, improve-

9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 14 of the Bureau of Land Management, including the general 15 administration of the Bureau, and assessment of mineral 16 potential of public lands pursuant to section 1010(a) of 17 Public Law 96–487 (16 U.S.C. 3150(a)), $956,875,000, 18 to remain available until expended; of which $3,000,000 19 shall be available in fiscal year 2014 subject to a match 20 by at least an equal amount by the National Fish and 21 Wildlife Foundation for cost-shared projects supporting 22 conservation of Bureau lands; and such funds shall be ad23 vanced to the Foundation as a lump-sum grant without 24 regard to when expenses are incurred.

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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 authoriza3 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 Administra9 tion program operations, including the cost of admin10 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

20

For expenses necessary to carry out sections 205,

21 206, and 318(d) of Public Law 94–579, including admin22 istrative expenses and acquisition of lands or waters, or 23 interests therein, $19,463,000, to be derived from the 24 Land and Water Conservation Fund and to remain avail25 able until expended.

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714 1

OREGON AND CALIFORNIA GRANT LANDS

2

For expenses necessary for management, protection,

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and 5 other improvements on the revested Oregon and California 6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and 8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein, including existing connecting roads on or 10 adjacent to such grant lands; $114,467,000, to remain 11 available until expended: Provided, That 25 percent of the 12 aggregate of all receipts during the current fiscal year 13 from the revested Oregon and California Railroad grant 14 lands is hereby made a charge against the Oregon and 15 California land-grant fund and shall be transferred to the 16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of 18 August 28, 1937 (43 U.S.C. 1181(f)). 19

RANGE IMPROVEMENTS

20

For rehabilitation, protection, and acquisition of

21 lands and interests therein, and improvement of Federal 22 rangelands pursuant to section 401 of the Federal Land 23 Policy and Management Act of 1976 (43 U.S.C. 1751), 24 notwithstanding any other Act, sums equal to 50 percent 25 of all moneys received during the prior fiscal year under

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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 im3 provements from grazing fees and mineral leasing receipts 4 from Bankhead-Jones lands transferred to the Depart5 ment of the Interior pursuant to law, but not less than 6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 8 administrative expenses. 9

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10

For administrative expenses and other costs related

11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 16 and for rehabilitation of damaged property, such amounts 17 as may be collected under Public Law 94–579 (43 U.S.C. 18 1701 et seq.), and under section 28 of the Mineral Leasing 19 Act (30 U.S.C. 185), to remain available until expended: 20 Provided, That, notwithstanding any provision to the con21 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 22 1735(a)), any moneys that have been or will be received 23 pursuant to that section, whether as a result of forfeiture, 24 compromise, or settlement, if not appropriate for refund 25 pursuant to section 305(c) of that Act (43 U.S.C.

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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, pro3 tect, or rehabilitate any public lands administered through 4 the Bureau of Land Management which have been dam5 aged by the action of a resource developer, purchaser, per6 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

14

In addition to amounts authorized to be expended

15 under existing laws, there is hereby appropriated such 16 amounts as may be contributed under section 307 of Pub17 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 18 may be advanced for administrative costs, surveys, ap19 praisals, and costs of making conveyances of omitted lands 20 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 21 remain available until expended. 22

ADMINISTRATIVE PROVISIONS

23

The Bureau of Land Management may carry out the

24 operations funded under this Act by direct expenditure, 25 contracts, grants, cooperative agreements and reimburs-

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717 1 able agreements with public and private entities, including 2 with States. Appropriations for the Bureau shall be avail3 able for purchase, erection, and dismantlement of tem4 porary structures, and alteration and maintenance of nec5 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 ac10 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 co14 operative cost-sharing and partnership arrangements au15 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 identi22 fied amount of money in support of the project may be 23 carried out by the Bureau on a reimbursable basis. Appro24 priations herein made shall not be available for the de25 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 destruc3 tion for processing into commercial products. 4

UNITED STATES FISH

5

AND

WILDLIFE SERVICE

RESOURCE MANAGEMENT

6

For necessary expenses of the United States Fish and

7 Wildlife Service, as authorized by law, and for scientific 8 and economic studies, general administration, and for the 9 performance of other authorized functions related to such 10 resources, $1,188,339,000, to remain available until Sep11 tember 30, 2015 except as otherwise provided herein: Pro12 vided, That not to exceed $20,515,000 shall be used for 13 implementing subsections (a), (b), (c), and (e) of section 14 4 of the Endangered Species Act of 1973 (16 U.S.C. 15 1533) (except for processing petitions, developing and 16 issuing proposed and final regulations, and taking any 17 other steps to implement actions described in subsection 18 (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 19 exceed $4,605,000 shall be used for any activity regarding 20 the designation of critical habitat, pursuant to subsection 21 (a)(3), excluding litigation support, for species listed pur22 suant to subsection (a)(1) prior to October 1, 2012; of 23 which not to exceed $1,501,000 shall be used for any ac24 tivity regarding petitions to list species that are indigenous 25 to the United States pursuant to subsections (b)(3)(A)

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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

7

For construction, improvement, acquisition, or re-

8 moval of buildings and other facilities required in the con9 servation, management, investigation, protection, and uti10 lization of fish and wildlife resources, and the acquisition 11 of lands and interests therein; $15,722,000, to remain 12 available until expended. 13

LAND ACQUISITION

14

For expenses necessary to carry out the Land and

15 Water Conservation Fund Act of 1965, (16 U.S.C. 460l– 16 4 et seq.), including administrative expenses, and for ac17 quisition of land or waters, or interest therein, in accord18 ance with statutory authority applicable to the United 19 States Fish and Wildlife Service, $54,422,000, to be de20 rived from the Land and Water Conservation Fund and 21 to remain available until expended: Provided, That none 22 of the funds appropriated for specific land acquisition 23 projects may be used to pay for any administrative over24 head, planning or other management costs.

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720 1

COOPERATIVE ENDANGERED SPECIES CONSERVATION

2

FUND

3

For expenses necessary to carry out section 6 of the

4 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 5 $50,095,000, to remain available until expended, of which 6 $22,695,000 is to be derived from the Cooperative Endan7 gered

Species

Conservation

Fund;

and

of

which

8 $27,400,000 is to be derived from the Land and Water 9 Conservation Fund. 10

NATIONAL WILDLIFE REFUGE FUND

11

For expenses necessary to implement the Act of Octo-

12 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 13

NORTH AMERICAN WETLANDS CONSERVATION FUND

14

For expenses necessary to carry out the provisions

15 of the North American Wetlands Conservation Act (16 16 U.S.C. 4401 et seq.), $34,145,000, to remain available 17 until expended. 18

NEOTROPICAL MIGRATORY BIRD CONSERVATION

19

For expenses necessary to carry out the Neotropical

20 Migratory Bird Conservation Act (16 U.S.C. 6101 et 21 seq.), $3,660,000, to remain available until expended. 22

MULTINATIONAL SPECIES CONSERVATION FUND

23

For expenses necessary to carry out the African Ele-

24 phant Conservation Act (16 U.S.C. 4201 et seq.), the 25 Asian Elephant Conservation Act of 1997 (16 U.S.C.

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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 Con3 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

7

For wildlife conservation grants to States and to the

8 District of Columbia, Puerto Rico, Guam, the United 9 States Virgin Islands, the Northern Mariana Islands, 10 American Samoa, and Indian tribes under the provisions 11 of the Fish and Wildlife Act of 1956 and the Fish and 12 Wildlife Coordination Act, for the development and imple13 mentation of programs for the benefit of wildlife and their 14 habitat, including species that are not hunted or fished, 15 $58,695,000, to remain available until expended: Pro16 vided, That of the amount provided herein, $4,084,000 is 17 for a competitive grant program for Indian tribes not sub18 ject to the remaining provisions of this appropriation: Pro19 vided further, That $5,487,000 is for a competitive grant 20 program for States, territories, and other jurisdictions and 21 at the discretion of affected States, the regional Associa22 tions of fish and wildlife agencies, not subject to the re23 maining provisions of this appropriation: Provided further, 24 That the Secretary shall, after deducting $9,571,000 and 25 administrative expenses, apportion the amount provided

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722 1 herein in the following manner: (1) to the District of Co2 lumbia and to the Commonwealth of Puerto Rico, each 3 a sum equal to not more than one-half of 1 percent there4 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 one7 fourth of 1 percent thereof: Provided further, That the 8 Secretary shall apportion the remaining amount in the fol9 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 para15 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 jurisdic2 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

6

The United States Fish and Wildlife Service may

7 carry out the operations of Service programs by direct ex8 penditure, contracts, grants, cooperative agreements and 9 reimbursable agreements with public and private entities. 10 Appropriations and funds available to the United States 11 Fish and Wildlife Service shall be available for repair of 12 damage to public roads within and adjacent to reservation 13 areas caused by operations of the Service; options for the 14 purchase of land at not to exceed $1 for each option; facili15 ties incident to such public recreational uses on conserva16 tion areas as are consistent with their primary purpose; 17 and the maintenance and improvement of aquaria, build18 ings, and other facilities under the jurisdiction of the Serv19 ice and to which the United States has title, and which 20 are used pursuant to law in connection with management, 21 and investigation of fish and wildlife resources: Provided, 22 That notwithstanding 44 U.S.C. 501, the Service may, 23 under cooperative cost sharing and partnership arrange24 ments authorized by law, procure printing services from 25 cooperators in connection with jointly produced publica-

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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 air6 craft. 7

NATIONAL PARK SERVICE

8

OPERATION OF THE NATIONAL PARK SYSTEM

9

For expenses necessary for the management, oper-

10 ation, and maintenance of areas and facilities adminis11 tered by the National Park Service and for the general 12 administration

of

the

National

Park

Service,

13 $2,236,753,000, of which $9,876,000 for planning and 14 interagency coordination in support of Everglades restora15 tion and $71,040,000 for maintenance, repair, or rehabili16 tation projects for constructed assets shall remain avail17 able until September 30, 2015. 18

NATIONAL RECREATION AND PRESERVATION

19

For expenses necessary to carry out recreation pro-

20 grams, natural programs, cultural programs, heritage 21 partnership programs, environmental compliance and re22 view, international park affairs, and grant administration, 23 not otherwise provided for, $60,795,000.

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725 1

HISTORIC PRESERVATION FUND

2

For expenses necessary in carrying out the National

3 Historic Preservation Act (16 U.S.C. 470), $56,410,000, 4 to be derived from the Historic Preservation Fund and 5 to remain available until September 30, 2015. 6

CONSTRUCTION

7

For construction, improvements, repair, or replace-

8 ment of physical facilities, including modifications author9 ized by section 104 of the Everglades National Park Pro10 tection and Expansion Act of 1989 (16 U.S.C. 410r-8), 11 $137,461,000, to remain available until expended: Pro12 vided, That notwithstanding any other provision of law, 13 for any project initially funded in fiscal year 2014 with 14 a future phase indicated in the National Park Service 515 Year Line Item Construction Plan, a single procurement 16 may be issued which includes the full scope of the project: 17 Provided further, That the solicitation and contract shall 18 contain the clause ‘‘availability of funds’’ found at 48 CFR 19 52.232–18: Provided further, That in addition, the Na20 tional Park Service may accept and use other Federal or 21 non-Federal funds to implement the Tamiami Trail 22 project, and may enter into a cooperative agreement or 23 other agreements with the State of Florida to transfer 24 funds to the State to plan and construct the Tamiami 25 Trail project: Provided further, That a contract for the

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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)

12

The contract authority provided for fiscal year 2014

13 by section 9 of the Land and Water Conservation Fund 14 Act of 1965 (16 U.S.C. 460l–10a) is rescinded. 15

LAND ACQUISITION AND STATE ASSISTANCE

16

For expenses necessary to carry out the Land and

17 Water Conservation Act of 1965, as amended (16 U.S.C. 18 460l–4 through 11), including administrative expenses, 19 and for acquisition of lands or waters, or interest therein, 20 in accordance with the statutory authority applicable to 21 the National Park Service, $98,100,000, to be derived 22 from the Land and Water Conservation Fund and to re23 main available until expended, of which $48,090,000 is for 24 the State assistance program and of which $8,986,000 25 shall be for the American Battlefield Protection Program

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727 1 grants as authorized by section 7301 of the Omnibus Pub2 lic Land Management Act of 2009 (Public Law 111–11). 3

ADMINISTRATIVE PROVISIONS

4

(INCLUDING TRANSFER OF FUNDS)

5

In addition to other uses set forth in section 407(d)

6 of Public Law 105–391, franchise fees credited to a sub7 account shall be available for expenditure by the Sec8 retary, without further appropriation, for use at any unit 9 within the National Park System to extinguish or reduce 10 liability for Possessory Interest or leasehold surrender in11 terest. Such funds may only be used for this purpose to 12 the extent that the benefitting unit anticipated franchise 13 fee receipts over the term of the contract at that unit ex14 ceed the amount of funds used to extinguish or reduce 15 liability. Franchise fees at the benefitting unit shall be 16 credited to the sub-account of the originating unit over 17 a period not to exceed the term of a single contract at 18 the benefitting unit, in the amount of funds so expended 19 to extinguish or reduce liability. 20

For the costs of administration of the Land and

21 Water Conservation Fund grants authorized by section 22 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 23 of 2006 (Public Law 109–432), the National Park Service 24 may retain up to 3 percent of the amounts which are au-

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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), Depart5 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

10

For expenses necessary for the United States Geo-

11 logical Survey to perform surveys, investigations, and re12 search covering topography, geology, hydrology, biology, 13 and the mineral and water resources of the United States, 14 its territories and possessions, and other areas as author15 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 16 to their mineral and water resources; give engineering su17 pervision to power permittees and Federal Energy Regu18 latory Commission licensees; administer the minerals ex19 ploration program (30 U.S.C. 641); conduct inquiries into 20 the economic conditions affecting mining and materials 21 processing industries (30 U.S.C. 3, 21a, and 1603; 50 22 U.S.C. 98g(1)) and related purposes as authorized by law; 23 and to publish and disseminate data relative to the fore24 going activities; $1,032,000,000, to remain available until 25 September 30, 2015; of which $53,337,000 shall remain

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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 de3 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 specifi7 cally authorized in writing by the property owner: Pro8 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 investiga11 tions carried on in cooperation with States and municipali12 ties. 13

ADMINISTRATIVE PROVISIONS

14

From within the amount appropriated for activities

15 of the United States Geological Survey such sums as are 16 necessary shall be available for contracting for the fur17 nishing of topographic maps and for the making of geo18 physical or other specialized surveys when it is administra19 tively determined that such procedures are in the public 20 interest; construction and maintenance of necessary build21 ings and appurtenant facilities; acquisition of lands for 22 gauging stations and observation wells; expenses of the 23 United

States

National

Committee

for

Geological

24 Sciences; and payment of compensation and expenses of 25 persons employed by the Survey duly appointed to rep-

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730 1 resent the United States in the negotiation and adminis2 tration of interstate compacts: Provided, That activities 3 funded by appropriations herein made may be accom4 plished through the use of contracts, grants, or coopera5 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 coop8 erative agreements directly with individuals or indirectly 9 with institutions or nonprofit organizations, without re10 gard to 41 U.S.C. 6101, for the temporary or intermittent 11 services of students or recent graduates, who shall be con12 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 pur17 poses. 18

BUREAU

19

OF

OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

20

For expenses necessary for granting leases, ease-

21 ments, rights-of-way and agreements for use for oil and 22 gas, other minerals, energy, and marine-related purposes 23 on the Outer Continental Shelf and approving operations 24 related thereto, as authorized by law; for environmental 25 studies, as authorized by law; for implementing other laws

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731 1 and to the extent provided by Presidential or Secretarial 2 delegation; and for matching grants or cooperative agree3 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: Pro6 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 in9 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, as13 sessments, analysis, and miscellaneous administrative ac14 tivities: Provided further, That the sum herein appro15 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 pro20 moting volunteer beach and marine cleanup activities. 21

BUREAU

OF

SAFETY

AND

ENVIRONMENTAL

22

ENFORCEMENT

23

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

24

For expenses necessary for the regulation of oper-

25 ations related to leases, easements, rights-of-way and

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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 imple4 menting laws and regulations as authorized by law and 5 to the extent provided by Presidential or Secretarial dele6 gation; and for matching grants or cooperative agree7 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: Pro10 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 in13 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, in17 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 col25 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: Pro3 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 appro6 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 per10 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

17

For necessary expenses to carry out title I, section

18 1016, title IV, sections 4202 and 4303, title VII, and title 19 VIII, section 8201 of the Oil Pollution Act of 1990, 20 $14,899,000, which shall be derived from the Oil Spill Li21 ability Trust Fund, to remain available until expended.

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734 1

OFFICE

OF

SURFACE MINING RECLAMATION

2

ENFORCEMENT

3

REGULATION AND TECHNOLOGY

4

AND

For necessary expenses to carry out the provisions

5 of the Surface Mining Control and Reclamation Act of 6 1977, Public Law 95–87, $122,713,000, to remain avail7 able until September 30, 2015: Provided, That appropria8 tions for the Office of Surface Mining Reclamation and 9 Enforcement may provide for the travel and per diem ex10 penses of State and tribal personnel attending Office of 11 Surface Mining Reclamation and Enforcement sponsored 12 training: Provided further, That, in fiscal year 2014, up 13 to $40,000 collected by the Office of Surface Mining from 14 permit fees pursuant to section 507 of Public Law 95– 15 87 (30 U.S.C. 1257) shall be credited to this account as 16 discretionary offsetting collections, to remain available 17 until expended: Provided further, That the sum herein ap18 propriated shall be reduced as collections are received dur19 ing the fiscal year so as to result in a final fiscal year 20 2014

appropriation

estimated

at

not

more

than

21 $122,713,000: Provided further, That, in subsequent fiscal 22 years, all amounts collected by the Office of Surface Min23 ing from permit fees pursuant to section 507 of Public 24 Law 95–87 (30 U.S.C. 1257) shall be credited to this ac-

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735 1 count as discretionary offsetting collections, to remain 2 available until expended. 3

ABANDONED MINE RECLAMATION FUND

4

For necessary expenses to carry out title IV of the

5 Surface Mining Control and Reclamation Act of 1977, 6 Public Law 95–87, $27,399,000, to be derived from re7 ceipts of the Abandoned Mine Reclamation Fund and to 8 remain available until expended: Provided, That pursuant 9 to Public Law 97–365, the Department of the Interior is 10 authorized to use up to 20 percent from the recovery of 11 the delinquent debt owed to the United States Government 12 to pay for contracts to collect these debts: Provided fur13 ther, That funds made available under title IV of Public 14 Law 95–87 may be used for any required non-Federal 15 share of the cost of projects funded by the Federal Gov16 ernment for the purpose of environmental restoration re17 lated to treatment or abatement of acid mine drainage 18 from abandoned mines: Provided further, That such 19 projects must be consistent with the purposes and prior20 ities of the Surface Mining Control and Reclamation Act: 21 Provided further, That amounts provided under this head22 ing may be used for the travel and per diem expenses of 23 State and tribal personnel attending Office of Surface 24 Mining Reclamation and Enforcement sponsored training.

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736 1

ADMINISTRATIVE PROVISION

2

With funds available for the Technical Innovation

3 and Professional Services program in this or any other 4 Act with respect to any fiscal year, the Secretary may 5 transfer title for computer hardware, software and other 6 technical equipment to State and tribal regulatory and 7 reclamation programs. 8

BUREAU

OF INDIAN

9

AFFAIRS

AND

BUREAU

OF INDIAN

EDUCATION

10

OPERATION OF INDIAN PROGRAMS

11

(INCLUDING TRANSFER OF FUNDS)

12

For expenses necessary for the operation of Indian

13 programs, as authorized by law, including the Snyder Act 14 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De15 termination and Education Assistance Act of 1975 (25 16 U.S.C. 450 et seq.), the Education Amendments of 1978 17 (25 U.S.C. 2001–2019), and the Tribally Controlled 18 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 19 $2,378,763,000, to remain available until September 30, 20 2015 except as otherwise provided herein; of which not 21 to exceed $8,500 may be for official reception and rep22 resentation expenses; of which not to exceed $74,809,000 23 shall be for welfare assistance payments: Provided, That 24 in cases of designated Federal disasters, the Secretary 25 may exceed such cap, from the amounts provided herein,

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737 1 to provide for disaster relief to Indian communities af2 fected by the disaster: Provided further, That federally rec3 ognized Indian tribes and tribal organizations of federally 4 recognized Indian tribes may use their tribal priority allo5 cations for unmet welfare assistance costs: Provided fur6 ther, That not to exceed $591,234,000 for school oper7 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 ad25 ministrative cost grants shall be available for the transi-

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738 1 tional costs of initial administrative cost grants to grant2 ees that assume operation on or after July 1, 2013, of 3 Bureau-funded schools: Provided further, That any for4 estry funds allocated to a tribe which remain unobligated 5 as of September 30, 2015, may be transferred during fis6 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 ex10 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 iden13 tifying articles of clothing for personnel. 14

CONSTRUCTION

15

(INCLUDING TRANSFER OF FUNDS)

16

For construction, repair, improvement, and mainte-

17 nance of irrigation and power systems, buildings, utilities, 18 and other facilities, including architectural and engineer19 ing services by contract; acquisition of lands, and interests 20 in lands; and preparation of lands for farming, and for 21 construction of the Navajo Indian Irrigation Project pur22 suant to Public Law 87–483, $110,124,000, to remain 23 available until expended: Provided, That such amounts as 24 may be available for the construction of the Navajo Indian 25 Irrigation Project may be transferred to the Bureau of

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739 1 Reclamation: Provided further, That not to exceed 6 per2 cent of contract authority available to the Bureau of In3 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: Pro8 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 Re13 quirements and Cost Principles for Assistance Programs 14 contained in 43 CFR part 12 as the regulatory require15 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 assur21 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 man25 agement capabilities: Provided further, That if the Sec-

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740 1 retary declines a grant application, the Secretary shall fol2 low the requirements contained in 25 U.S.C. 2504(f): Pro3 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 fur6 ther, That in order to ensure timely completion of con7 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 grant10 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 Of14 fice of the Special Trustee for American Indians appro15 priation for the appropriate share of construction costs for 16 space expansion needed in agency offices to meet trust re17 form implementation. 18

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19

MISCELLANEOUS PAYMENTS TO INDIANS

20

For payments and necessary administrative expenses

21 for implementation of Indian land and water claim settle22 ments pursuant to Public Laws 99–264, 100–580, 101– 23 618, 111–11, and 111–291, and for implementation of 24 other land and water rights settlements, $35,655,000, to 25 remain available until expended: Provided, That notwith-

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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 sat4 isfy the total authorized amount for Duck Valley Indian 5 Irrigation Project Development Fund and Maintenance 6 Funds. 7

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

8

For the cost of guaranteed loans and insured loans,

9 $6,731,000, of which $981,000 is for administrative ex10 penses, as authorized by the Indian Financing Act of 11 1974: Provided, That such costs, including the cost of 12 modifying such loans, shall be as defined in section 502 13 of the Congressional Budget Act of 1974: Provided fur14 ther, That these funds are available to subsidize total loan 15 principal, any part of which is to be guaranteed or insured, 16 not to exceed $99,761,658. 17

ADMINISTRATIVE PROVISIONS

18

The Bureau of Indian Affairs may carry out the oper-

19 ation of Indian programs by direct expenditure, contracts, 20 cooperative agreements, compacts, and grants, either di21 rectly or in cooperation with States and other organiza22 tions. 23

Notwithstanding 25 U.S.C. 15, the Bureau of Indian

24 Affairs may contract for services in support of the man-

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742 1 agement, operation, and maintenance of the Power Divi2 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-govern18 ment relationship between the United States and that 19 tribe, or that tribe’s ability to access future appropria20 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 Bu15 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 enact23 ment of this Act and that has operated at a Bureau-fund24 ed school before September 1, 1999, may continue to oper25 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 (in3 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 Bu8 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 chap12 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 indi16 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 admin19 istrative cost funds to such grantee using the section 5(f) 20 distribution formula. 21

DEPARTMENTAL OFFICES

22

OFFICE

23

DEPARTMENTAL OPERATIONS

24

OF THE

SECRETARY

For necessary expenses for management of the De-

25 partment of the Interior, including the collection and dis-

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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 Pay18 ments in Lieu of Taxes Program: Provided further, That 19 no payment shall be made pursuant to that Act to other20 wise eligible units of local government if the computed 21 amount of the payment is less than $100: Provided fur22 ther, That the Secretary may reduce the payment author23 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 not6 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 Sec9 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

19

For expenses necessary for assistance to territories

20 under the jurisdiction of the Department of the Interior 21 and other jurisdictions identified in section 104(e) of Pub22 lic Law 108–188, $85,976,000, of which: (1) $76,528,000 23 shall remain available until expended for territorial assist24 ance, including general technical assistance, maintenance 25 assistance, disaster assistance, coral reef initiative activi-

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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 Govern8 ment of Guam, as authorized by law; and grants to the 9 Government of the Northern Mariana Islands as author10 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 estab16 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 Representa22 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 mainte2 nance improvement of capital infrastructure with terri3 torial participation and cost sharing to be determined by 4 the Secretary based on the grantee’s commitment to time5 ly maintenance of its capital assets: Provided further, That 6 any appropriation for disaster assistance under this head7 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

13

For grants and necessary expenses, $3,318,000, to

14 remain available until expended, as provided for in sec15 tions 221(a)(2) and 233 of the Compact of Free Associa16 tion for the Republic of Palau; and section 221(a)(2) of 17 the Compacts of Free Association for the Government of 18 the Republic of the Marshall Islands and the Federated 19 States of Micronesia, as authorized by Public Law 99– 20 658 and Public Law 108–188. 21

ADMINISTRATIVE PROVISIONS

22

(INCLUDING TRANSFER OF FUNDS)

23

At the request of the Governor of Guam, the Sec-

24 retary may transfer discretionary funds or mandatory 25 funds provided under section 104(e) of Public Law 108–

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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 per4 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 guaran13 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 Electrifica16 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

22

OF THE

SOLICITOR

SALARIES AND EXPENSES

23

For necessary expenses of the Office of the Solicitor,

24 $65,800,000.

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750 1

OFFICE

2

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

3

For necessary expenses of the Office of Inspector

4 General, $50,831,000. 5

OFFICE

OF THE

SPECIAL TRUSTEE

FOR

AMERICAN

6

INDIANS

7

FEDERAL TRUST PROGRAMS

8

(INCLUDING TRANSFER OF FUNDS)

9

For the operation of trust programs for Indians by

10 direct expenditure, contracts, cooperative agreements, 11 compacts, and grants, $139,677,000, to remain available 12 until expended, of which not to exceed $23,045,000 from 13 this or any other Act, may be available for historical ac14 counting: Provided, That funds for trust management im15 provements and litigation support may, as needed, be 16 transferred to or merged with the Bureau of Indian Af17 fairs and Bureau of Indian Education, ‘‘Operation of In18 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala19 ries and Expenses’’ account; and the Office of the Sec20 retary, ‘‘Departmental Operations’’ account: Provided fur21 ther, That funds made available through contracts or 22 grants obligated during fiscal year 2014, as authorized by 23 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 24 et seq.), shall remain available until expended by the con25 tractor or grantee: Provided further, That, notwith-

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751 1 standing any other provision of law, the statute of limita2 tions shall not commence to run on any claim, including 3 any claim in litigation pending on the date of the enact4 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, notwith9 standing any other provision of law, the Secretary shall 10 not be required to provide a quarterly statement of per11 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 ac21 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

3

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

4

For necessary expenses for fire preparedness, sup-

5 pression operations, fire science and research, emergency 6 rehabilitation, hazardous fuels reduction, and rural fire as7 sistance by the Department of the Interior, $740,982,000, 8 to remain available until expended, of which not to exceed 9 $6,127,000 shall be for the renovation or construction of 10 fire facilities: Provided, That such funds are also available 11 for repayment of advances to other appropriation accounts 12 from which funds were previously transferred for such 13 purposes: Provided further, That of the funds provided 14 $145,024,000 is for hazardous fuels reduction activities: 15 Provided further, That of the funds provided $16,035,000 16 is for burned area rehabilitation: Provided further, That 17 persons hired pursuant to 43 U.S.C. 1469 may be fur18 nished subsistence and lodging without cost from funds 19 available from this appropriation: Provided further, That 20 notwithstanding 42 U.S.C. 1856d, sums received by a bu21 reau or office of the Department of the Interior for fire 22 protection rendered pursuant to 42 U.S.C. 1856 et seq., 23 protection of United States property, may be credited to 24 the appropriation from which funds were expended to pro25 vide that protection, and are available without fiscal year

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753 1 limitation: Provided further, That using the amounts des2 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 ac5 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 ob15 tain maximum practicable competition among: (1) local 16 private, nonprofit, or cooperative entities; (2) Youth Con17 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 de24 velop written guidance to field units to ensure account25 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 re5 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 con12 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 Inte18 rior and the Secretary of Agriculture may authorize the 19 transfer of funds appropriated for wildland fire manage20 ment, in an aggregate amount not to exceed $50,000,000, 21 between the Departments when such transfers would fa22 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 Fed25 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 avail6 able to support forestry, wildland fire management, and 7 related natural resource activities outside the United 8 States and its territories and possessions, including tech9 nical assistance, education and training, and cooperation 10 with United States and international organizations: Pro11 vided further, That of the funds made available under sec12 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

17

(INCLUDING TRANSFER OF FUNDS)

18

For necessary expenses for large fire suppression op-

19 erations of the Department of the Interior and as a re20 serve fund for suppression and Federal emergency re21 sponse activities, $92,000,000, to remain available until 22 expended: Provided, That such amounts are only available 23 for transfer to the ‘‘Wildland Fire Management’’ account 24 following a declaration by the Secretary in accordance

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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

4

For necessary expenses of the Department of the In-

5 terior and any of its component offices and bureaus for 6 the response action, including associated activities, per7 formed pursuant to the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act (42 U.S.C. 9601 9 et seq.), $9,598,000, to remain available until expended. 10

NATURAL RESOURCE DAMAGE ASSESSMENT AND

11

RESTORATION

12

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

13

To conduct natural resource damage assessment, res-

14 toration activities, and onshore oil spill preparedness by 15 the Department of the Interior necessary to carry out the 16 provisions of the Comprehensive Environmental Response, 17 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 18 the Federal Water Pollution Control Act (33 U.S.C. 1251 19 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 20 et seq.), and Public Law 101–337 (16 U.S.C. 19jj et seq.), 21 $6,263,000, to remain available until expended. 22

WORKING CAPITAL FUND

23

For the acquisition of a departmental financial and

24 business management system, information technology im25 provements of general benefit to the Department, and con-

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757 1 solidation of facilities and operations throughout the De2 partment, $57,000,000, to remain available until ex3 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 ac6 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 fur9 ther, That the Secretary may assess reasonable charges 10 to State, local and tribal government employees for train11 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 govern17 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 fur2 ther, That the Secretary may enter into grants and cooper3 ative agreements to support the Office of Natural Re4 source Revenue’s collection and disbursement of royalties, 5 fees, and other mineral revenue proceeds, as authorized 6 by law. 7

ADMINISTRATIVE PROVISION

8

There is hereby authorized for acquisition from avail-

9 able resources within the Working Capital Fund, aircraft 10 which may be obtained by donation, purchase or through 11 available excess surplus property: Provided, That existing 12 aircraft being replaced may be sold, with proceeds derived 13 or trade-in value used to offset the purchase price for the 14 replacement aircraft: Provided further, That the Bell 15 206L–1 aircraft, serial number 45287, currently reg16 istered as N613, is to be retired from service and, notwith17 standing any other provision of law, the Interior Business 18 Center, Aviation Management Directorate shall transfer 19 the aircraft without reimbursement to the National Law 20 Enforcement Officers Memorial Fund, for the purpose of 21 providing a static display in the National Law Enforce22 ment Museum: Provided, That such aircraft shall revert 23 back to the Department of the Interior if said museum 24 determines in the future that the subject aircraft is no 25 longer needed.

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759 1 GENERAL PROVISIONS, DEPARTMENT

OF THE INTERIOR

2

(INCLUDING TRANSFERS OF FUNDS)

3

EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

4

SEC. 101. Appropriations made in this title shall be

5 available for expenditure or transfer (within each bureau 6 or office), with the approval of the Secretary, for the emer7 gency reconstruction, replacement, or repair of aircraft, 8 buildings, utilities, or other facilities or equipment dam9 aged or destroyed by fire, flood, storm, or other unavoid10 able causes: Provided, That no funds shall be made avail11 able under this authority until funds specifically made 12 available to the Department of the Interior for emer13 gencies shall have been exhausted: Provided further, That 14 all funds used pursuant to this section must be replenished 15 by a supplemental appropriation, which must be requested 16 as promptly as possible. 17

EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

18

SEC. 102. The Secretary may authorize the expendi-

19 ture or transfer of any no year appropriation in this title, 20 in addition to the amounts included in the budget pro21 grams of the several agencies, for the suppression or emer22 gency prevention of wildland fires on or threatening lands 23 under the jurisdiction of the Department of the Interior; 24 for the emergency rehabilitation of burned-over lands 25 under its jurisdiction; for emergency actions related to po-

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760 1 tential or actual earthquakes, floods, volcanoes, storms, or 2 other unavoidable causes; for contingency planning subse3 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 po7 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 trans12 fer, from any no year funds available to the Office of Sur13 face Mining Reclamation and Enforcement, such funds as 14 may be necessary to permit assumption of regulatory au15 thority in the event a primacy State is not carrying out 16 the regulatory provisions of the Surface Mining Act: Pro17 vided, That appropriations made in this title for wildland 18 fire operations shall be available for the payment of obliga19 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 pur5 suant to this section must be replenished by a supple6 mental appropriation which must be requested as prompt7 ly as possible: Provided further, That such replenishment 8 funds shall be used to reimburse, on a pro rata basis, ac9 counts from which emergency funds were transferred. 10

AUTHORIZED USE OF FUNDS

11

SEC. 103. Appropriations made to the Department

12 of the Interior in this title shall be available for services 13 as authorized by section 3109 of title 5, United States 14 Code, when authorized by the Secretary, in total amount 15 not to exceed $500,000; purchase and replacement of 16 motor vehicles, including specially equipped law enforce17 ment vehicles; hire, maintenance, and operation of air18 craft; hire of passenger motor vehicles; purchase of re19 prints; payment for telephone service in private residences 20 in the field, when authorized under regulations approved 21 by the Secretary; and the payment of dues, when author22 ized by the Secretary, for library membership in societies 23 or associations which issue publications to members only 24 or at a price to members lower than to subscribers who 25 are not members.

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762 1

AUTHORIZED USE OF FUNDS, INDIAN TRUST

2

MANAGEMENT

3

SEC. 104. Appropriations made in this Act under the

4 headings Bureau of Indian Affairs and Bureau of Indian 5 Education, and Office of the Special Trustee for American 6 Indians and any unobligated balances from prior appro7 priations Acts made under the same headings shall be 8 available for expenditure or transfer for Indian trust man9 agement and reform activities. Total funding for historical 10 accounting activities shall not exceed amounts specifically 11 designated in this Act for such purpose. 12

REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

13

AFFAIRS

14

SEC. 105. Notwithstanding any other provision of

15 law, the Secretary of the Interior is authorized to redis16 tribute any Tribal Priority Allocation funds, including 17 tribal base funds, to alleviate tribal funding inequities by 18 transferring funds to address identified, unmet needs, 19 dual enrollment, overlapping service areas or inaccurate 20 distribution methodologies. No tribe shall receive a reduc21 tion in Tribal Priority Allocation funds of more than 10 22 percent in fiscal year 2014. Under circumstances of dual 23 enrollment, overlapping service areas or inaccurate dis24 tribution methodologies, the 10 percent limitation does not 25 apply.

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763 1

ELLIS, GOVERNORS, AND LIBERTY ISLANDS

2

SEC. 106. Notwithstanding any other provision of

3 law, the Secretary of the Interior is authorized to acquire 4 lands, waters, or interests therein including the use of all 5 or part of any pier, dock, or landing within the State of 6 New York and the State of New Jersey, for the purpose 7 of operating and maintaining facilities in the support of 8 transportation and accommodation of visitors to Ellis, 9 Governors, and Liberty Islands, and of other program and 10 administrative activities, by donation or with appropriated 11 funds, including franchise fees (and other monetary con12 sideration), or by exchange; and the Secretary is author13 ized to negotiate and enter into leases, subleases, conces14 sion contracts or other agreements for the use of such fa15 cilities on such terms and conditions as the Secretary may 16 determine reasonable. 17

OUTER CONTINENTAL SHELF INSPECTION FEES

18

SEC. 107. (a) In fiscal year 2014, the Secretary shall

19 collect a nonrefundable inspection fee, which shall be de20 posited in the ‘‘Offshore Safety and Environmental En21 forcement’’ account, from the designated operator for fa22 cilities subject to inspection under 43 U.S.C. 1348(c). 23

(b) Annual fees shall be collected for facilities that

24 are above the waterline, excluding drilling rigs, and are

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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 re19 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

24

SEC. 108. Notwithstanding section 17(b)(1)(A) of the

25 Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Sec-

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765 1 retary of the Interior shall have the authority to imple2 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

6

AND ENFORCEMENT REORGANIZATION

7

SEC. 109. The Secretary of the Interior, in order to

8 implement a reorganization of the Bureau of Ocean En9 ergy Management, Regulation and Enforcement, may 10 transfer funds among and between the successor offices 11 and bureaus affected by the reorganization only in con12 formance with the reprogramming guidelines for division 13 G in the explanatory statement described in section 4 (in 14 the matter preceding division A of this consolidated Act). 15

AUTHORIZED USE OF INDIAN EDUCATION FUNDS

16

SEC. 110. Beginning July 1, 2008, and thereafter,

17 any funds (including investments and interest earned, ex18 cept for construction funds) held by a Public Law 100– 19 297 grant or a Public Law 93–638 contract school shall, 20 upon retrocession to or re-assumption by the Bureau of 21 Indian Education, remain available to the Bureau of In22 dian Education for a period of 5 years from the date of 23 retrocession or re-assumption for the benefit of the pro24 grams approved for the school on October 1, 1995.

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766 1

CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

2

BURRO HOLDING FACILITIES

3

SEC. 111. Notwithstanding any other provision of

4 this Act, the Secretary of the Interior may enter into 5 multiyear cooperative agreements with nonprofit organiza6 tions and other appropriate entities, and may enter into 7 multiyear contracts in accordance with the provisions of 8 section 304B of the Federal Property and Administrative 9 Services Act of 1949 (41 U.S.C. 254c) (except that the 10 5-year term restriction in subsection (d) shall not apply), 11 for the long-term care and maintenance of excess wild free 12 roaming horses and burros by such organizations or enti13 ties on private land. Such cooperative agreements and con14 tracts may not exceed 10 years, subject to renewal at the 15 discretion of the Secretary. 16

MASS MARKING OF SALMONIDS

17

SEC. 112. The United States Fish and Wildlife Serv-

18 ice shall, in carrying out its responsibilities to protect 19 threatened and endangered species of salmon, implement 20 a system of mass marking of salmonid stocks, intended 21 for harvest, that are released from federally operated or 22 federally financed hatcheries including but not limited to 23 fish releases of coho, chinook, and steelhead species. 24 Marked fish must have a visible mark that can be readily 25 identified by commercial and recreational fishers.

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767 1

CONTRIBUTION AUTHORITY

2

SEC. 113. In fiscal years 2014 through 2019, the

3 Secretary of the Interior may accept from public and pri4 vate sources contributions of money and services for use 5 by the Bureau of Ocean Energy Management or the Bu6 reau of Safety and Environmental Enforcement to conduct 7 work in support of the orderly exploration and develop8 ment of Outer Continental Shelf resources, including prep9 aration of environmental documents such as impact state10 ments and assessments, studies, and related research. 11

PROHIBITION ON USE OF FUNDS

12

SEC. 114. (a) Any proposed new use of the Arizona

13 & California Railroad Company’s Right of Way for convey14 ance of water shall not proceed unless the Secretary of 15 the Interior certifies that the proposed new use is within 16 the scope of the Right of Way. 17

(b) No funds appropriated or otherwise made avail-

18 able to the Department of the Interior may be used, in 19 relation to any proposal to store water underground for 20 the purpose of export, for approval of any right-of-way or 21 similar authorization on the Mojave National Preserve or 22 lands managed by the Needles Field Office of the Bureau 23 of Land Management, or for carrying out any activities 24 associated with such right-of-way or similar approval.

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768 1

SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE

2

SEC. 115. (a) FINDING.—Congress finds that for the

3 purposes of section 603 of the Federal Land Policy and 4 Management Act of 1976 (43 U.S.C. 1782), the public 5 land in Clark County, Nevada, administered by the Bu6 reau of Land Management in the Sunrise Mountain In7 stant Study Area has been adequately studied for wilder8 ness designation. 9

(b) RELEASE.—Any public land described in sub-

10 section (a) that is not designated as wilderness— 11

(1) is no longer subject to section 603(c) of the

12

Federal Land Policy and Management Act of 1976

13

(43 U.S.C. 1782(c)); and

14

(2) shall be managed in accordance with land

15

management plans adopted under section 202 of

16

that Act (43 U.S.C. 1712).

17

(c) POST RELEASE LAND USE APPROVALS.—Recog-

18 nizing that the area released under subsection (b) presents 19 unique opportunities for the granting of additional rights20 of-way, including for high voltage transmission facilities, 21 the Secretary of the Interior may accommodate multiple 22 applicants within a particular right-of-way. 23

PROHIBITION ON USE OF FUNDS

24

SEC. 116. No funds appropriated or otherwise made

25 available to the Department of the Interior may be used

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769 1 to process or grant a right of way, lease or other property 2 interest for the siting of commercial energy generation fa3 cilities on those exclusion lands identified by the Record 4 of Decision for Solar Energy Development in Six South5 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 ‘‘Pro9 posed Mojave Trails National Monument’’ dated Novem10 ber 20, 2009. 11

OFFSHORE PAY AUTHORITY EXTENSION

12

SEC. 117. For fiscal years 2014 and 2015, funds

13 made available in this title for the Bureau of Ocean En14 ergy Management and the Bureau of Safety and Environ15 mental Enforcement may be used by the Secretary of the 16 Interior to establish higher minimum rates of basic pay 17 described in section 121(c) of division E of Public Law 18 112–74 (125 Stat. 1012). 19

REPUBLIC OF PALAU

20

SEC. 118. (a) IN GENERAL.—Subject to subsection

21 (c), the United States Government, through the Secretary 22 of the Interior shall provide to the Government of Palau 23 for fiscal year 2014 grants in amounts equal to the annual 24 amounts specified in subsections (a), (c), and (d) of sec25 tion 211 of the Compact of Free Association between the

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770 1 Government of the United States of America and the Gov2 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

22

SEC. 119. (a) Division II of Public Law 104–333 (16

23 U.S.C. 461 note) is amended in each of sections 107, 208, 24 310, 408, 507, 607, 707, 809, and 910, by striking 25 ‘‘2013’’ and inserting ‘‘2015’’;

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771 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

15

SEC. 120. (a) IN GENERAL.—The White River Na-

16 tional Wildlife Refuge, located in the State of Arkansas, 17 is redesignated as the ‘‘Senator Dale Bumpers White 18 River National Wildlife Refuge’’. 19

(b) REFERENCES.—Any reference in any statute,

20 rule, regulation, Executive Order, publication, map, paper, 21 or other document of the United States to the White River 22 National Wildlife Refuge is deemed to refer to the Senator 23 Dale Bumpers White River National Wildlife Refuge.

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772 1

CIVIL PENALTIES

2

SEC. 121. Section 206 of the Federal Oil and Gas

3 Royalty Management Act of 1982, Public Law 97–451 (30 4 U.S.C. 1736) is hereby amended by striking the second 5 sentence, and inserting in lieu thereof ‘‘Any payments 6 under this section shall be reduced by an amount equal 7 to any payments provided or due to such State or Indian 8 tribe under the cooperative agreement or delegation, as 9 applicable, during the fiscal year in which the civil penalty 10 is received, up to the total amount provided or due for 11 that fiscal year.’’. 12

EXHAUSTION OF ADMINISTRATIVE REVIEW

13

SEC. 122. Paragraph (1) of Section 122(a) of division

14 E of Public Law 112–74 (125 Stat. 1013) is amended 15 by striking ‘‘2012 and 2013 only,’’ in the first sentence 16 and inserting ‘‘2012 through 2015,’’. 17

ONSHORE PAY AUTHORITY

18

SEC. 123. For fiscal years 2014 and 2015, funds

19 made available in this title for the Bureau of Land Man20 agement and the Bureau of Indian Affairs may be used 21 by the Secretary of the Interior to establish higher min22 imum rates of basic pay for employees of the Department 23 of the Interior carrying out the inspection and regulation 24 of onshore oil and gas operations on public lands in the 25 Petroleum Engineer (GS–0881) and Petroleum Engineer-

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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

7

SEC. 124. None of the funds made available in this

8 Act or any other Act may be used to implement, admin9 ister, or enforce Secretarial Order No. 3310 issued by the 10 Secretary of the Interior on December 22, 2010: Provided, 11 That nothing in this section shall restrict the Secretary’s 12 authorities under sections 201 and 202 of the Federal 13 Land Policy and Management Act of 1976 (43 U.S.C. 14 1711 and 1712). 15

TRAILING LIVESTOCK ACROSS PUBLIC LANDS

16

SEC. 125. During fiscal years 2014 and 2015, the

17 Bureau of Land Management may, at its sole discretion, 18 review planning and implementation decisions regarding 19 the trailing of livestock across public lands, including, but 20 not limited to, issuance of crossing or trailing authoriza21 tions or permits, under the National Environmental Policy 22 Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing 23 or crossing authorizations across public lands shall not be 24 subject to protest and/or appeal under subpart E of part

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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

4

WILDLIFE REFUGE VISITOR CENTER

5

SEC. 126. The visitor center at the Nisqually Na-

6 tional Wildlife Refuge in the State of Washington is here7 by designated as the ‘‘Norm Dicks Visitor Center’’. Any 8 reference to the visitor center at the Nisqually National 9 Wildlife Refuge in any law, regulation, map, document, 10 record, or other paper of the United States shall be consid11 ered a reference to the ‘‘Norm Dicks Visitor Center’’. The 12 Secretary of the Interior shall post an interpretative sign 13 at the visitor center that includes information on Norm 14 Dicks and his contributions as a member of the U.S. 15 House of Representatives. 16

ANTELOPE RULE

17

SEC. 127. Before the end of the 60-day period begin-

18 ning on the date of enactment of this Act, the Secretary 19 of the Interior shall reissue the final rule published on 20 September 2, 2005 (70 Fed. Reg. 52310 et seq.) without 21 regard to any other provision of statute or regulation that 22 applies to issuance of such rule.

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775 1

TITLE II

2

ENVIRONMENTAL PROTECTION AGENCY

3

SCIENCE

4

AND

TECHNOLOGY

For science and technology, including research and

5 development activities, which shall include research and 6 development activities under the Comprehensive Environ7 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 avail12 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 explana15 tory statement accompanying this Act. 16

ENVIRONMENTAL PROGRAMS

17

For environmental programs and management, in-

AND

MANAGEMENT

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 oper21 ation of aircraft; purchase of reprints; library member22 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-

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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 representa3 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 Environ6 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), includ15 ing the development, operation, maintenance, and upgrad16 ing of the hazardous waste electronic manifest system es17 tablished by such section, $3,674,000, to remain available 18 until September 30, 2016. 19

OFFICE

20

OF INSPECTOR

GENERAL

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

2

AND

FACILITIES

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)

8

For necessary expenses to carry out the Comprehen-

9 sive Environmental Response, Compensation, and Liabil10 ity Act of 1980 (CERCLA), including sections 111(c)(3), 11 (c)(5),

(c)(6),

and

(e)(4)

(42

U.S.C.

9611)

12 $1,088,769,000, to remain available until expended, con13 sisting of such sums as are available in the Trust Fund 14 on September 30, 2013, as authorized by section 517(a) 15 of the Superfund Amendments and Reauthorization Act 16 of 1986 (SARA) and up to $1,088,769,000 as a payment 17 from general revenues to the Hazardous Substance Super18 fund for purposes as authorized by section 517(b) of 19 SARA: Provided, That funds appropriated under this 20 heading may be allocated to other Federal agencies in ac21 cordance with section 111(a) of CERCLA: Provided fur22 ther, That of the funds appropriated under this heading, 23 $9,939,000 shall be paid to the ‘‘Office of Inspector Gen24 eral’’ appropriation to remain available until September 25 30, 2015, and $19,216,000 shall be paid to the ‘‘Science

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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 sub7 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 car12 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 In18 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

2

AND

TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure as-

3 sistance, including capitalization grants for State revolv4 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

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

further,

That

notwithstanding

section

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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

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’’

by

the

Administrator,

of

which:

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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)

13

For fiscal year 2014, notwithstanding 31 U.S.C.

14 6303(1) and 6305(1), the Administrator of the Environ15 mental Protection Agency, in carrying out the Agency’s 16 function to implement directly Federal environmental pro17 grams required or authorized by law in the absence of an 18 acceptable tribal program, may award cooperative agree19 ments to federally recognized Indian tribes or Intertribal 20 consortia, if authorized by their member tribes, to assist 21 the Administrator in implementing Federal environmental 22 programs for Indian tribes required or authorized by law, 23 except that no such cooperative agreements may be award24 ed from funds designated for State financial assistance 25 agreements.

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786 1

The Administrator of the Environmental Protection

2 Agency is authorized to collect and obligate pesticide reg3 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 Registra6 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 Environ10 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 ‘‘Environ15 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 ac22 tivities; and to make grants to governmental entities, non23 profit organizations, institutions, and individuals for plan24 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, Haz5 ardous Substance Superfund, and Leaking Underground 6 Storage Tank Trust Fund Program Accounts, are avail7 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 amend12 ed by the fifth paragraph under such heading of title II 13 of division E of Public Law 111–8 and the third para14 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 Adminis19 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

6

For necessary expenses of forest and rangeland re-

7 search as authorized by law, $292,805,000, to remain 8 available until expended: Provided, That of the funds pro9 vided, $66,805,000 is for the forest inventory and analysis 10 program. 11

STATE AND PRIVATE FORESTRY

12

For necessary expenses of cooperating with and pro-

13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, including treatments of pests, pathogens, and 16 invasive or noxious plants and for restoring and rehabili17 tating forests damaged by pests or invasive plants, cooper18 ative forestry, and education and land conservation activi19 ties and conducting an international program as author20 ized, $229,980,000, to remain available until expended, as 21 authorized by law; of which $50,965,000 is to be derived 22 from the Land and Water Conservation Fund.

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789 1

NATIONAL FOREST SYSTEM

2

(INCLUDING TRANSFER OF FUNDS)

3

For necessary expenses of the Forest Service, not

4 otherwise provided for, for management, protection, im5 provement, and utilization of the National Forest System, 6 $1,496,330,000, to remain available until expended: Pro7 vided, That of the funds provided, $40,000,000 shall be 8 deposited in the Collaborative Forest Landscape Restora9 tion Fund for ecological restoration treatments as author10 ized by 16 U.S.C. 7303(f): Provided further, That of the 11 funds provided, $339,130,000 shall be for forest products: 12 Provided further, That of the funds provided, up to 13 $81,000,000 is for the Integrated Resource Restoration 14 pilot program for Region 1, Region 3 and Region 4: Pro15 vided further, That of the funds provided for forest prod16 ucts, up to $53,000,000 may be transferred to support 17 the Integrated Resource Restoration pilot program in the 18 preceding proviso. 19

CAPITAL IMPROVEMENT AND MAINTENANCE

20

(INCLUDING TRANSFER OF FUNDS)

21

For necessary expenses of the Forest Service, not

22 otherwise provided for, $350,000,000, to remain available 23 until expended, for construction, capital improvement, 24 maintenance and acquisition of buildings and other facili25 ties and infrastructure; and for construction, reconstruc-

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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 mainte8 nance and associated activities, and removal of fish pas9 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, en12 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 obliga17 tion for any other purpose unless the funds are appro18 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

23

For expenses necessary to carry out the provisions

24 of the Land and Water Conservation Fund Act of 1965, 25 (16 U.S.C. 460l–4 et seq.), including administrative ex-

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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 avail5 able until expended. 6

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

7

ACTS

8

For acquisition of lands within the exterior bound-

9 aries of the Cache, Uinta, and Wasatch National Forests, 10 Utah; the Toiyabe National Forest, Nevada; and the An11 geles, San Bernardino, Sequoia, and Cleveland National 12 Forests, California, as authorized by law, $912,000, to be 13 derived from forest receipts. 14

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

15

For acquisition of lands, such sums, to be derived

16 from funds deposited by State, county, or municipal gov17 ernments, public school districts, or other public school au18 thorities, and for authorized expenditures from funds de19 posited by non-Federal parties pursuant to Land Sale and 20 Exchange Acts, pursuant to the Act of December 4, 1967, 21 (16 U.S.C. 484a), to remain available until expended (16 22 U.S.C. 460l–516–617a, 555a; Public Law 96–586; Public 23 Law 76–589, 76–591; and Public Law 78–310).

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792 1

RANGE BETTERMENT FUND

2

For necessary expenses of range rehabilitation, pro-

3 tection, and improvement, 50 percent of all moneys re4 ceived during the prior fiscal year, as fees for grazing do5 mestic livestock on lands in National Forests in the 16 6 Western States, pursuant to section 401(b)(1) of Public 7 Law 94–579, to remain available until expended, of which 8 not to exceed 6 percent shall be available for administra9 tive expenses associated with on-the-ground range reha10 bilitation, protection, and improvements. 11

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

12

RANGELAND RESEARCH

13

For expenses authorized by 16 U.S.C. 1643(b),

14 $40,000, to remain available until expended, to be derived 15 from the fund established pursuant to the above Act. 16

MANAGEMENT OF NATIONAL FOREST LANDS FOR

17

SUBSISTENCE USES

18

For necessary expenses of the Forest Service to man-

19 age Federal lands in Alaska for subsistence uses under 20 title VIII of the Alaska National Interest Lands Conserva21 tion Act (Public Law 96–487), $2,500,000, to remain 22 available until expended.

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793 1

WILDLAND FIRE MANAGEMENT

2

(INCLUDING TRANSFERS OF FUNDS)

3

For necessary expenses for forest fire presuppression

4 activities on National Forest System lands, for emergency 5 fire suppression on or adjacent to such lands or other 6 lands under fire protection agreement, hazardous fuels re7 duction on or adjacent to such lands, emergency rehabili8 tation of burned-over National Forest System lands and 9 water, and for State and volunteer fire assistance, 10 $2,162,302,000, to remain available until expended: Pro11 vided, That such funds including unobligated balances 12 under this heading, are available for repayment of ad13 vances from other appropriations accounts previously 14 transferred for such purposes: Provided further, That such 15 funds shall be available to reimburse State and other co16 operating entities for services provided in response to wild17 fire and other emergencies or disasters to the extent such 18 reimbursements by the Forest Service for non-fire emer19 gencies are fully repaid by the responsible emergency man20 agement agency: Provided further, That, notwithstanding 21 any other provision of law, $6,914,000 of funds appro22 priated under this appropriation shall be available for the 23 Forest Service in support of fire science research author24 ized by the Joint Fire Science Program, including all For25 est Service authorities for the use of funds, such as con-

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794 1 tracts, grants, research joint venture agreements, and co2 operative agreements: Provided further, That all authori3 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 restora9 tion, hazardous fuels reduction activities, support to Fed10 eral emergency response, and wildfire suppression activi11 ties of the Forest Service: Provided further, That of the 12 funds provided, $306,500,000 is for hazardous fuels re13 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 as18 sistance under section 10 of the Cooperative Forestry As19 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 Range22 land Research’’ accounts to fund forest and rangeland re23 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 coopera2 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 Pri18 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 man24 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 Serv7 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, in11 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)

21

For necessary expenses for large fire suppression op-

22 erations of the Department of Agriculture and as a reserve 23 fund for suppression and Federal emergency response ac24 tivities, $315,000,000, to remain available until expended: 25 Provided, That such amounts are only available for trans-

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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

5

(INCLUDING TRANSFERS OF FUNDS)

6

Appropriations to the Forest Service for the current

7 fiscal year shall be available for: (1) purchase of passenger 8 motor vehicles; acquisition of passenger motor vehicles 9 from excess sources, and hire of such vehicles; purchase, 10 lease, operation, maintenance, and acquisition of aircraft 11 from excess sources to maintain the operable fleet for use 12 in Forest Service wildland fire programs and other Forest 13 Service programs; notwithstanding other provisions of law, 14 existing aircraft being replaced may be sold, with proceeds 15 derived or trade-in value used to offset the purchase price 16 for the replacement aircraft; (2) services pursuant to 7 17 U.S.C. 2225, and not to exceed $100,000 for employment 18 under 5 U.S.C. 3109; (3) purchase, erection, and alter19 ation of buildings and other public improvements (7 20 U.S.C. 2250); (4) acquisition of land, waters, and inter21 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 22 pursuant to the Volunteers in the National Forest Act of 23 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 24 of uniforms as authorized by 5 U.S.C. 5901–5902; and

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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 Manage5 ment appropriation for forest firefighting, emergency re6 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 para14 graph must be replenished by a supplemental appropria15 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 Inter18 national Development in connection with forest and range19 land research, technical information, and assistance in for20 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 tech23 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 (includ3 ing the U.S. Agency for International Development, the 4 Department of State, and the Millennium Challenge Cor5 poration), U.S. private sector firms, institutions and orga6 nizations to provide technical assistance and training pro7 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 perform13 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 ac25 cordance with the reprogramming procedures contained in

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800 1 the joint explanatory statement of the managers accom2 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 De8 partment Reimbursable Programs, commonly referred to 9 as Greenbook charges. Nothing in this paragraph shall 10 prohibit or limit the use of reimbursable agreements re11 quested by the Forest Service in order to obtain services 12 from the Department of Agriculture’s National Informa13 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 Finan16 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 partner8 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 Founda13 tion, no more than $300,000 shall be available for admin14 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 one17 for-one basis funds made available by the Forest Service: 18 Provided further, That the Foundation may transfer Fed19 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 inter4 est-bearing obligations of the United States or in obliga5 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 as22 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 sec6 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 per10 forming fire, administrative and other facilities mainte11 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, utili14 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 Agri19 culture, for travel and related expenses incurred as a re20 sult of OGC assistance or participation requested by the 21 Forest Service at meetings, training sessions, management 22 reviews, land purchase negotiations and similar nonlitiga23 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

17

For expenses necessary to carry out the Act of Au-

18 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina19 tion Act, the Indian Health Care Improvement Act, and 20 titles II and III of the Public Health Service Act with re21 spect to the Indian Health Service, $3,982,842,000, to22 gether with payments received during the fiscal year pur23 suant to 42 U.S.C. 238(b) and 238b, for services fur24 nished by the Indian Health Service: Provided, That funds 25 made available to tribes and tribal organizations through

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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 con5 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/Re8 ferred Care, including $51,500,000 for the Indian Cata9 strophic Health Emergency Fund, shall remain available 10 until expended: Provided further, That, of the funds pro11 vided, up to $36,000,000 shall remain available until ex12 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 au19 thorized by section 108A of the Act (25 U.S.C. 1616a– 20 1) and shall remain available until expended and, notwith21 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 sec24 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 pre4 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 pro7 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 appro10 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 Improve13 ment Act shall remain available until expended for the 14 purpose of achieving compliance with the applicable condi15 tions and requirements of titles XVIII and XIX of the So16 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: Pro21 vided further, That amounts received by tribes and tribal 22 organizations under title IV of the Indian Health Care Im23 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 identifi4 able health information relating to disabled children as 5 may be necessary for the purpose of carrying out its func6 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

12

For construction, repair, maintenance, improvement,

13 and equipment of health and related auxiliary facilities, 14 including quarters for personnel; preparation of plans, 15 specifications, and drawings; acquisition of sites, purchase 16 and erection of modular buildings, and purchases of trail17 ers; and for provision of domestic and community sanita18 tion facilities for Indians, as authorized by section 7 of 19 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 20 Self-Determination Act, and the Indian Health Care Im21 provement Act, and for expenses necessary to carry out 22 such Acts and titles II and III of the Public Health Serv23 ice Act with respect to environmental health and facilities 24 support

activities

of

the

Indian

Health

Service,

25 $451,673,000 to remain available until expended: Pro-

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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 Serv11 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 Serv17 ice to obtain ambulances for the Indian Health Service 18 and tribal facilities in conjunction with an existing inter19 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 Demoli22 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

2

Appropriations provided in this Act to the Indian

3 Health Service shall be available for services as authorized 4 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 5 equivalent to the maximum rate payable for senior-level 6 positions under 5 U.S.C. 5376; hire of passenger motor 7 vehicles and aircraft; purchase of medical equipment; pur8 chase of reprints; purchase, renovation and erection of 9 modular buildings and renovation of existing facilities; 10 payments for telephone service in private residences in the 11 field, when authorized under regulations approved by the 12 Secretary; uniforms or allowances therefor as authorized 13 by 5 U.S.C. 5901–5902; and for expenses of attendance 14 at meetings that relate to the functions or activities of the 15 Indian Health Service: Provided, That in accordance with 16 the provisions of the Indian Health Care Improvement 17 Act, non-Indian patients may be extended health care at 18 all tribally administered or Indian Health Service facili19 ties, subject to charges, and the proceeds along with funds 20 recovered under the Federal Medical Care Recovery Act 21 (42 U.S.C. 2651–2653) shall be credited to the account 22 of the facility providing the service and shall be available 23 without fiscal year limitation: Provided further, That not24 withstanding any other law or regulation, funds trans25 ferred from the Department of Housing and Urban Devel-

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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, ex5 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 fur8 ther, That none of the funds made available to the Indian 9 Health Service in this Act shall be used for any assess10 ments or charges by the Department of Health and 11 Human Services unless identified in the budget justifica12 tion and provided in this Act, or approved by the House 13 and Senate Committees on Appropriations through the re14 programming process: Provided further, That notwith15 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 con21 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 limi24 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 Fed2 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, includ13 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 reim20 bursements for training, technical assistance, or services 21 provided by the Indian Health Service will contain total 22 costs, including direct, administrative, and overhead asso23 ciated with the provision of goods, services, or technical 24 assistance: Provided further, That the appropriation struc25 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

6

For necessary expenses for the National Institute of

7 Environmental Health Sciences in carrying out activities 8 set forth in section 311(a) of the Comprehensive Environ9 mental Response, Compensation, and Liability Act of 10 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 11 Superfund Amendments and Reauthorization Act of 1986, 12 $77,349,000. 13

AGENCY

FOR

TOXIC SUBSTANCES

AND

DISEASE

14

REGISTRY

15

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

16

HEALTH

17

For necessary expenses for the Agency for Toxic Sub-

18 stances and Disease Registry (ATSDR) in carrying out 19 activities set forth in sections 104(i) and 111(c)(4) of the 20 Comprehensive Environmental Response, Compensation, 21 and Liability Act of 1980 (CERCLA); section 118(f) of 22 the Superfund Amendments and Reauthorization Act of 23 1986 (SARA); and section 3019 of the Solid Waste Dis24 posal Act, $74,691,000, of which up to $1,000 per eligible 25 employee of the Agency for Toxic Substances and Disease

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813 1 Registry shall remain available until expended for Indi2 vidual Learning Accounts: Provided, That notwith3 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 appro6 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

22

For necessary expenses to continue functions as-

23 signed to the Council on Environmental Quality and Office 24 of Environmental Quality pursuant to the National Envi25 ronmental Policy Act of 1969, the 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 Environ5 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 10

AND

HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

11

For necessary expenses in carrying out activities pur-

12 suant to section 112(r)(6) of the Clean Air Act, including 13 hire of passenger vehicles, uniforms or allowances there14 for, as authorized by 5 U.S.C. 5901–5902, and for serv15 ices authorized by 5 U.S.C. 3109 but at rates for individ16 uals not to exceed the per diem equivalent to the maximum 17 rate payable for senior level positions under 5 U.S.C. 18 5376, $11,000,000: Provided, That the Chemical Safety 19 and Hazard Investigation Board (Board) shall have not 20 more than three career Senior Executive Service positions: 21 Provided further, That notwithstanding any other provi22 sion of law, the individual appointed to the position of In23 spector General of the Environmental Protection Agency 24 (EPA) shall, by virtue of such appointment, also hold the 25 position of Inspector General of the Board: Provided fur-

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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

8

(INCLUDING TRANSFER OF FUNDS)

9

For necessary expenses of the Office of Navajo and

10 Hopi Indian Relocation as authorized by Public Law 93– 11 531, $7,341,000, to remain available until expended: Pro12 vided, That funds provided in this or any other appropria13 tions Act are to be used to relocate eligible individuals and 14 groups including evictees from District 6, Hopi-partitioned 15 lands residents, those in significantly substandard hous16 ing, and all others certified as eligible and not included 17 in the preceding categories: Provided further, That none 18 of the funds contained in this or any other Act may be 19 used by the Office of Navajo and Hopi Indian Relocation 20 to evict any single Navajo or Navajo family who, as of 21 November 30, 1985, was physically domiciled on the lands 22 partitioned to the Hopi Tribe unless a new or replacement 23 home is provided for such household: Provided further, 24 That no relocatee will be provided with more than one new 25 or replacement home: Provided further, That the Office

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816 1 shall relocate any certified eligible relocatees who have se2 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 ex8 pended, for audits and investigations of the Office of Nav9 ajo and Hopi Indian Relocation, consistent with the In10 spector General Act of 1978 (5 U.S.C. App.). 11

INSTITUTE

12

OF

AMERICAN INDIAN

CULTURE

13

AND

AND

ALASKA NATIVE

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

14

For payment to the Institute of American Indian and

15 Alaska Native Culture and Arts Development, as author16 ized by title XV of Public Law 99–498 (20 U.S.C. 56 part 17 A), $9,369,000, to remain available until September 30, 18 2015. 19

SMITHSONIAN INSTITUTION

20

SALARIES AND EXPENSES

21

For necessary expenses of the Smithsonian Institu-

22 tion, as authorized by law, including research in the fields 23 of art, science, and history; development, preservation, and 24 documentation of the National Collections; presentation of 25 public exhibits and performances; collection, preparation,

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817 1 dissemination, and exchange of information and publica2 tions; conduct of education, training, and museum assist3 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 em8 ployees, $647,000,000, to remain available until Sep9 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 here17 in are available for advance payments to independent con18 tractors performing research services or participating in 19 official Smithsonian presentations. 20

FACILITIES CAPITAL

21

For necessary expenses of repair, revitalization, and

22 alteration of facilities owned or occupied by the Smithso23 nian Institution, by contract or otherwise, as authorized 24 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 25 and for construction, including necessary personnel,

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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 au3 thorized by 5 U.S.C. 3109, and of which $55,000,000 4 shall be for construction of the National Museum of Afri5 can American History and Culture. 6

NATIONAL GALLERY

7

OF

ART

SALARIES AND EXPENSES

8

For the upkeep and operations of the National Gal-

9 lery of Art, the protection and care of the works of art 10 therein, and administrative expenses incident thereto, as 11 authorized by the Act of March 24, 1937 (50 Stat. 51), 12 as amended by the public resolution of April 13, 1939 13 (Public Resolution 9, Seventy-sixth Congress), including 14 services as authorized by 5 U.S.C. 3109; payment in ad15 vance when authorized by the treasurer of the Gallery for 16 membership in library, museum, and art associations or 17 societies whose publications or services are available to 18 members only, or to members at a price lower than to the 19 general public; purchase, repair, and cleaning of uniforms 20 for guards, and uniforms, or allowances therefor, for other 21 employees as authorized by law (5 U.S.C. 5901–5902); 22 purchase or rental of devices and services for protecting 23 buildings and contents thereof, and maintenance, alter24 ation, improvement, and repair of buildings, approaches, 25 and grounds; and purchase of services for restoration and

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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 prop5 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

9

For necessary expenses of repair, restoration and

10 renovation of buildings, grounds and facilities owned or 11 occupied by the National Gallery of Art, by contract or 12 otherwise, for operating lease agreements of no more than 13 10 years, with no extensions or renewals beyond the 10 14 years, that address space needs created by the ongoing 15 renovations in the Master Facilities Plan, as authorized, 16 $15,000,000, to remain available until expended: Pro17 vided, That contracts awarded for environmental systems, 18 protection systems, and exterior repair or renovation of 19 buildings of the National Gallery of Art may be negotiated 20 with selected contractors and awarded on the basis of con21 tractor qualifications as well as price.

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820 1

JOHN F. KENNEDY CENTER

2

ARTS

3

OPERATIONS AND MAINTENANCE

4

FOR THE

PERFORMING

For necessary expenses for the operation, mainte-

5 nance and security of the John F. Kennedy Center for 6 the Performing Arts, $22,193,000. 7

CAPITAL REPAIR AND RESTORATION

8

For necessary expenses for capital repair and restora-

9 tion of the existing features of the building and site of 10 the John F. Kennedy Center for the Performing Arts, 11 $12,205,000, to remain available until expended. 12

WOODROW WILSON INTERNATIONAL CENTER

13

SCHOLARS

14

SALARIES AND EXPENSES

15

FOR

For expenses necessary in carrying out the provisions

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 17 1356) including hire of passenger vehicles and services as 18 authorized by 5 U.S.C. 3109, $10,500,000, to remain 19 available until September 30, 2015. 20

NATIONAL FOUNDATION

21

ON THE

ARTS

AND THE

HUMANITIES

22

NATIONAL ENDOWMENT

23

FOR THE

ARTS

GRANTS AND ADMINISTRATION

24

For necessary expenses to carry out the National

25 Foundation on the Arts and the Humanities Act of 1965,

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821 1 $146,021,000 shall be available to the National Endow2 ment for the Arts for the support of projects and produc3 tions in the arts, including arts education and public out4 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

9

FOR THE

HUMANITIES

GRANTS AND ADMINISTRATION

10

For necessary expenses to carry out the National

11 Foundation on the Arts and the Humanities Act of 1965, 12 $146,021,000 to remain available until expended, of which 13 $135,283,000 shall be available for support of activities 14 in the humanities, pursuant to section 7(c) of the Act and 15 for administering the functions of the Act; and 16 $10,738,000 shall be available to carry out the matching 17 grants program pursuant to section 10(a)(2) of the Act, 18 including $8,357,000 for the purposes of section 7(h): 19 Provided, That appropriations for carrying out section 20 10(a)(2) shall be available for obligation only in such 21 amounts as may be equal to the total amounts of gifts, 22 bequests, devises of money, and other property accepted 23 by the chairman or by grantees of the National Endow24 ment for the Humanities under the provisions of sections 25 11(a)(2)(B) and 11(a)(3)(B) during the current and pre-

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822 1 ceding fiscal years for which equal amounts have not pre2 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 re10 ception and representation expenses: Provided further, 11 That funds from nonappropriated sources may be used as 12 necessary for official reception and representation ex13 penses: Provided further, That the Chairperson of the Na14 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

22

OF

FINE ARTS

SALARIES AND EXPENSES

23

For expenses of the Commission of Fine Arts under

24 Chapter 91 of title 40, United States Code, $2,396,000: 25 Provided, That the Commission is authorized to charge

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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 col3 lection, to remain available until expended without further 4 appropriation: Provided further, That the Commission is 5 authorized to accept gifts, including objects, papers, art6 work, drawings and artifacts, that pertain to the history 7 and design of the Nation’s Capital or the history and ac8 tivities of the Commission of Fine Arts, for the purpose 9 of artistic display, study or education. 10

NATIONAL CAPITAL ARTS

11

AND

CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law

12 99–190 (20 U.S.C. 956a), $2,000,000. 13

ADVISORY COUNCIL

14

ON

HISTORIC PRESERVATION

SALARIES AND EXPENSES

15

For necessary expenses of the Advisory Council on

16 Historic Preservation (Public Law 89–665), $6,531,000. 17

NATIONAL CAPITAL PLANNING COMMISSION

18

SALARIES AND EXPENSES

19

For necessary expenses of the National Capital Plan-

20 ning Commission under chapter 87 of title 40, United 21 States Code, including services as authorized by 5 U.S.C. 22 3109, $8,084,000: Provided, That one-quarter of 1 per23 cent of the funds provided under this heading may be used 24 for official reception and representational expenses associ-

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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

5

For expenses of the Holocaust Memorial Museum, as

6 authorized by Public Law 106–292 (36 U.S.C. 2301– 7 2310), $52,385,000, of which $515,000 shall remain 8 available until September 30, 2016, for the Museum’s 9 equipment replacement program; and of which $1,900,000 10 for the Museum’s repair and rehabilitation program and 11 $1,264,000 for the Museum’s outreach initiatives program 12 shall remain available until expended. 13

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

14

SALARIES AND EXPENSES

15

For necessary expenses, including the costs of con-

16 struction design, of the Dwight D. Eisenhower Memorial 17 Commission, $1,000,000, to remain available until ex18 pended.

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825 1

TITLE IV

2

GENERAL PROVISIONS

3

(INCLUDING TRANSFERS OF FUNDS)

4

LIMITATION ON CONSULTING SERVICES

5

SEC. 401. In fiscal year 2014 and thereafter, the ex-

6 penditure of any appropriation under this Act or any sub7 sequent Act appropriating funds for departments and 8 agencies funded in this Act, for any consulting service 9 through procurement contract, pursuant to 5 U.S.C. 10 3109, shall be limited to those contracts where such ex11 penditures are a matter of public record and available for 12 public inspection, except where otherwise provided under 13 existing law, or under existing Executive order issued pur14 suant to existing law. 15

RESTRICTION ON USE OF FUNDS

16

SEC. 402. No part of any appropriation contained in

17 this Act shall be available for any activity or the publica18 tion or distribution of literature that in any way tends to 19 promote public support or opposition to any legislative 20 proposal on which Congressional action is not complete 21 other than to communicate to Members of Congress as 22 described in 18 U.S.C. 1913.

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826 1

OBLIGATION OF APPROPRIATIONS

2

SEC. 403. No part of any appropriation contained in

3 this Act shall remain available for obligation beyond the 4 current fiscal year unless expressly so provided herein. 5

DISCLOSURE OF ADMINISTRATIVE EXPENSES

6

SEC. 404. The amount and basis of estimated over-

7 head charges, deductions, reserves or holdbacks, including 8 working capital fund and cost pool charges, from pro9 grams, projects, activities and subactivities to support gov10 ernment-wide, departmental, agency, or bureau adminis11 trative functions or headquarters, regional, or central op12 erations shall be presented in annual budget justifications 13 and subject to approval by the Committees on Appropria14 tions of the House of Representatives and the Senate. 15 Changes to such estimates shall be presented to the Com16 mittees on Appropriations for approval. 17

MINING APPLICATIONS

18

SEC. 405. (a) LIMITATION

OF

FUNDS.—None of the

19 funds appropriated or otherwise made available pursuant 20 to this Act shall be obligated or expended to accept or 21 process applications for a patent for any mining or mill 22 site claim located under the general mining laws. 23

(b) EXCEPTIONS.—Subsection (a) shall not apply if

24 the Secretary of the Interior determines that, for the claim 25 concerned (1) a patent application was filed with the Sec-

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827 1 retary on or before September 30, 1994; and (2) all re2 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 Com11 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 Re16 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 exam24 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 responsi2 bility to choose and pay the third-party contractor in ac3 cordance with the standard procedures employed by the 4 Bureau of Land Management in the retention of third5 party contractors. 6

CONTRACT SUPPORT COSTS

7

SEC. 406. Notwithstanding any other provision of

8 law, amounts appropriated to or otherwise designated in 9 committee reports for the Bureau of Indian Affairs and 10 the Indian Health Service by Public Laws 103–138, 103– 11 332, 104–134, 104–208, 105–83, 105–277, 106–113, 12 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 13 109–289, division B and Continuing Appropriations Reso14 lution, 2007 (division B of Public Law 109–289, as 15 amended by Public Laws 110–5 and 110–28), Public 16 Laws 110–92, 110–116, 110–137, 110–149, 110–161, 17 110–329, 111–6, 111–8, 111–88, 112–10, 112–74, and 18 113–6 for payments for contract support costs associated 19 with self-determination or self-governance contracts, 20 grants, compacts, or annual funding agreements with the 21 Bureau of Indian Affairs or the Indian Health Service as 22 funded by such Acts, are the total amounts available for 23 fiscal years 1994 through 2013 for such purposes, except 24 that the Bureau of Indian Affairs, tribes and tribal organi25 zations may use their tribal priority allocations for unmet

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829 1 contract support costs of ongoing contracts, grants, self2 governance compacts, or annual funding agreements. 3

FOREST MANAGEMENT PLANS

4

SEC. 407. The Secretary of Agriculture shall not be

5 considered to be in violation of subparagraph 6(f)(5)(A) 6 of the Forest and Rangeland Renewable Resources Plan7 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 8 more than 15 years have passed without revision of the 9 plan for a unit of the National Forest System. Nothing 10 in this section exempts the Secretary from any other re11 quirement of the Forest and Rangeland Renewable Re12 sources Planning Act (16 U.S.C. 1600 et seq.) or any 13 other law: Provided, That if the Secretary is not acting 14 expeditiously and in good faith, within the funding avail15 able, to revise a plan for a unit of the National Forest 16 System, this section shall be void with respect to such plan 17 and a court of proper jurisdiction may order completion 18 of the plan on an accelerated basis. 19

PROHIBITION WITHIN NATIONAL MONUMENTS

20

SEC. 408. No funds provided in this Act may be ex-

21 pended to conduct preleasing, leasing and related activities 22 under either the Mineral Leasing Act (30 U.S.C. 181 et 23 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 24 1331 et seq.) within the boundaries of a National Monu25 ment established pursuant to the Act of June 8, 1906 (16

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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 monu4 ment. 5

LIMITATION ON TAKINGS

6

SEC. 409. Unless otherwise provided herein, no funds

7 appropriated in this Act for the acquisition of lands or 8 interests in lands may be expended for the filing of dec9 larations of taking or complaints in condemnation without 10 the approval of the House and Senate Committees on Ap11 propriations: Provided, That this provision shall not apply 12 to funds appropriated to implement the Everglades Na13 tional Park Protection and Expansion Act of 1989, or to 14 funds appropriated for Federal assistance to the State of 15 Florida to acquire lands for Everglades restoration pur16 poses. 17

TIMBER SALE REQUIREMENTS

18

SEC. 410. No timber sale in Alaska’s Region 10 shall

19 be advertised if the indicated rate is deficit (defined as 20 the value of the timber is not sufficient to cover all logging 21 and stumpage costs and provide a normal profit and risk 22 allowance under the Forest Service’s appraisal process) 23 when appraised using a residual value appraisal. The west24 ern red cedar timber from those sales which is surplus 25 to the needs of the domestic processors in Alaska, shall

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831 1 be made available to domestic processors in the contiguous 2 48 United States at prevailing domestic prices. All addi3 tional western red cedar volume not sold to Alaska or con4 tiguous 48 United States domestic processors may be ex5 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

9

SEC. 411. Section 415 of division E of Public Law

10 112–74 is amended by striking ‘‘and 2013’’ and inserting 11 ‘‘through 2015’’. 12

PROHIBITION ON NO-BID CONTRACTS

13

SEC. 412. None of the funds appropriated or other-

14 wise made available by this Act to executive branch agen15 cies may be used to enter into any Federal contract unless 16 such contract is entered into in accordance with the re17 quirements of Chapter 33 of title 41, United States Code, 18 or Chapter 137 of title 10, United States Code, and the 19 Federal Acquisition Regulation, unless— 20

(1) Federal law specifically authorizes a con-

21

tract to be entered into without regard for these re-

22

quirements, including formula grants for States, or

23

federally recognized Indian tribes; or

24

(2) such contract is authorized by the Indian

25

Self-Determination and Education and Assistance

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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

8

SEC. 413. (a) Any agency receiving funds made avail-

9 able in this Act, shall, subject to subsections (b) and (c), 10 post on the public website of that agency any report re11 quired to be submitted by the Congress in this or any 12 other Act, upon the determination by the head of the agen13 cy that it shall serve the national interest. 14

(b) Subsection (a) shall not apply to a report if—

15

(1) the public posting of the report com-

16

promises national security; or

17

(2) the report contains proprietary information.

18

(c) The head of the agency posting such report shall

19 do so only after such report has been made available to 20 the requesting Committee or Committees of Congress for 21 no less than 45 days. 22

NATIONAL ENDOWMENT FOR THE ARTS GRANT

23

GUIDELINES

24

SEC. 414. Of the funds provided to the National En-

25 dowment for the Arts—

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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

20

SEC. 415. (a) In providing services or awarding fi-

21 nancial assistance under the National Foundation on the 22 Arts and the Humanities Act of 1965 from funds appro23 priated under this Act, the Chairperson of the National 24 Endowment for the Arts shall ensure that priority is given 25 to providing services or awarding financial assistance for

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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 serv21 ices or awarding financial assistance for projects, produc22 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 Hu3 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

21

SEC. 416. Section 5(g)(4) of the National Foundation

22 on the Arts and the Humanities Act of 1965 (20 U.S.C. 23 954(g)(4)), is amended— 24

(1) in subparagraph (A) by adding at the end

25

the following: ‘‘Whenever a State agency requests

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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

16

COOPERATIVE CONSERVATION AUTHORITY

17

SEC. 417. Section 331 of the Department of the Inte-

18 rior and Related Agencies Appropriations Act, 2001 (Pub19 lic Law 106–291; 114 Stat. 996), as amended by section 20 336 of division E of the Consolidated Appropriations Act, 21 2005 (Public Law 108–447; 118 Stat. 3102) and section 22 422 of the Department of the Interior, Environment, and 23 Related Agencies Appropriations Act, 2010 (division A of 24 Public Law 111–88; 123 Stat. 2961), is further amend25 ed—

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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

12

SEC. 418. The Department of the Interior, the Envi-

13 ronmental Protection Agency, the Forest Service, and the 14 Indian Health Service shall provide the Committees on 15 Appropriations of the House of Representatives and Sen16 ate quarterly reports on the status of balances of appro17 priations including all uncommitted, committed, and unob18 ligated funds in each program and activity. 19

REPORT ON USE OF CLIMATE CHANGE FUNDS

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 Appropria24 tions of the House of Representatives and the Senate de25 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 ac3 counting of funding by agency with each agency identi4 fying climate change programs, projects, and activities 5 and associated costs by line item as presented in the Presi6 dent’s Budget Appendix, and including citations and link7 ages where practicable to each strategic plan that is driv8 ing funding within each climate change program, project, 9 and activity listed in the report. 10

PROHIBITION ON USE OF FUNDS

11

SEC. 420. Notwithstanding any other provision of

12 law, none of the funds made available in this Act or any 13 other Act may be used to promulgate or implement any 14 regulation requiring the issuance of permits under title V 15 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 16 dioxide, nitrous oxide, water vapor, or methane emissions 17 resulting from biological processes associated with live18 stock production. 19

GREENHOUSE GAS REPORTING RESTRICTIONS

20

SEC. 421. Notwithstanding any other provision of

21 law, none of the funds made available in this or any other 22 Act may be used to implement any provision in a rule, 23 if that provision requires mandatory reporting of green24 house gas emissions from manure management systems.

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840 1

FUNDING PROHIBITION

2

SEC. 422. None of the funds made available by this

3 Act may be used to enter into a contract, memorandum 4 of understanding, or cooperative agreement with, make a 5 grant to, or provide a loan or loan guarantee to, any cor6 poration that was convicted of a felony criminal violation 7 under any Federal law within the preceding 24 months, 8 where the awarding agency is aware of the conviction, un9 less the agency has considered suspension or debarment 10 of the corporation and has made a determination that this 11 further action is not necessary to protect the interests of 12 the Government. 13

LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS

14

SEC. 423. None of the funds made available by this

15 Act may be used to enter into a contract, memorandum 16 of understanding, or cooperative agreement with, make a 17 grant to, or provide a loan or loan guarantee to, any cor18 poration that has any unpaid Federal tax liability that has 19 been assessed, for which all judicial and administrative 20 remedies have been exhausted or have lapsed, and that 21 is not being paid in a timely manner pursuant to an agree22 ment with the authority responsible for collecting the tax 23 liability, where the awarding agency is aware of the unpaid 24 tax liability, unless the agency has considered suspension 25 or debarment of the corporation and has made a deter-

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841 1 mination that this further action is not necessary to pro2 tect the interests of the Government. 3

ALASKA NATIVE REGIONAL HEALTH ENTITIES

4

SEC. 424. (a) Notwithstanding any other provision

5 of law and until October 1, 2018, the Indian Health Serv6 ice may not disburse funds for the provision of health care 7 services pursuant to Public Law 93–638 (25 U.S.C. 450 8 et seq.) to any Alaska Native village or Alaska Native vil9 lage corporation that is located within the area served by 10 an Alaska Native regional health entity. 11

(b) Nothing in this section shall be construed to pro-

12 hibit the disbursal of funds to any Alaska Native village 13 or Alaska Native village corporation under any contract 14 or compact entered into prior to May 1, 2006, or to pro15 hibit the renewal of any such agreement. 16

(c) For the purpose of this section, Eastern Aleutian

17 Tribes, Inc., the Council of Athabascan Tribal Govern18 ments, and the Native Village of Eyak shall be treated 19 as Alaska Native regional health entities to which funds 20 may be disbursed under this section. 21

FOREST SERVICE ADMINISTRATION OF RIGHTS-OF-WAY

22

AND LAND USES

23

SEC. 425. Section 331 of the Department of the Inte-

24 rior and Related Agencies Appropriations Act, 2000 (as

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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 Agri7 culture shall conduct a program for the purpose of enhanc8 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

14

SEC. 426. (a) AGREEMENTS AUTHORIZED.—The

15 Secretary of Agriculture may enter into an agreement 16 under section 1 of Public Law 94–148 (16 U.S.C. 565a– 17 1) with a Federal, tribal, State, or local government or 18 a nonprofit entity for the following additional purposes: 19

(1) To develop, produce, publish, distribute, or

20

sell educational and interpretive materials and prod-

21

ucts.

22

(2) To develop, conduct, or sell educational and

23

interpretive programs and services.

24

(3) To construct, maintain, or improve facilities

25

not under the jurisdiction, custody, or control of the

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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 2

(b) TREATMENT TEERS.—The

OF

CONTRIBUTIONS

OF

VOLUN-

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 require7 ment under any Forest Service authority to enter into mu8 tual benefit agreements. 9

(c) DURATION.—The authority provided by sub-

10 sections (a) and (b) expires September 30, 2019. 11

CONTRACTING AUTHORITIES

12

SEC. 427. Section 412 of Division E of Public Law

13 112–74 is amended by striking ‘‘fiscal year 2013,’’ and 14 inserting ‘‘fiscal year 2015,’’. 15

CHESAPEAKE BAY INITIATIVE

16

SEC. 428. Section 502(c) of the Chesapeake Bay Ini-

17 tiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 18 note) is amended by striking ‘‘2013’’ and inserting 19 ‘‘2015’’. 20

AMERICAN BATTLEFIELD PROTECTION PROGRAM GRANTS

21

SEC. 429. Section 7301(c)(6) of Public Law 111–11

22 (16 U.S.C. 469k-1(c)(6)) is amended by striking ‘‘2013’’ 23 and inserting ‘‘2014’’.

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845 1

COOPERATIVE ACTION AND SHARING OF RESOURCES BY

2

SECRETARIES OF THE INTERIOR AND AGRICULTURE

3

(SERVICE FIRST INITIATIVE)

4

SEC. 430. Section 330 of the Department of the Inte-

5 rior and Related Agencies Appropriations Act, 2001 (Pub6 lic Law 106–291; 43 U.S.C. 1703) is amended— 7

(1) in the first sentence, by striking ‘‘programs.

8

involving the land management agencies referred to

9

in this section’’ and inserting ‘‘programs’’;

10

(2) in the first sentence, by striking ‘‘and pro-

11

mulgate’’ and inserting ‘‘and may promulgate’’; and

12

(3) in the third sentence, by inserting after

13

‘‘Forest Service’’ the following: ‘‘or matters under

14

the purview of other bureaus or offices of either De-

15

partment’’.

16

SEPARATE FOREST SERVICE DECISION MAKING AND

17

APPEALS PROCESS

18

SEC. 431. Section 322 of the Department of the Inte-

19 rior and Related Agencies Appropriations Act, 1993 (Pub20 lic Law 102–381; 16 U.S.C. 1612 note) and section 428 21 of division E of the Consolidated Appropriations Act, 2012 22 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515 23 note) shall not apply to any project or activity imple24 menting a land and resource management plan developed 25 under section 6 of the Forest and Rangeland Renewable

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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 envi3 ronmental assessment or an environmental impact state4 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

8

SEC. 432. Section 339(h)(1) of the Department of

9 the Interior and Related Agencies Appropriations Act, 10 2000 (enacted into law by section 1000(a)(3) of Public 11 Law 106–113; 16 U.S.C. 528 note) is amended by striking 12 ‘‘until September 30, 2014’’ and inserting ‘‘through fiscal 13 year 2019’’. 14

SHASTA TRINITY MARINA FEES

15

SEC. 433. Section 422, division F, Consolidated Ap-

16 propriations Act, 2008 (Public Law 110–161; 121 Stat 17 2149), as amended, is further amended by striking ‘‘and 18 subsequent fiscal years through fiscal year 2014’’ and in19 serting ‘‘and each subsequent fiscal year through fiscal 20 year 2019’’. 21

STEWARDSHIP END RESULT CONTRACTING PROJECTS

22

SEC. 434. Section 347(a) of the Department of the

23 Interior and Related Agencies Appropriations Act, 1999 24 (16 U.S.C. 2104 note; Public Law 105–277, as amended)

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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

4

SEC. 435. In Region 10, the Secretary of Agriculture,

5 acting though the Chief of the Forest Service, shall allow 6 reasonable access for the orderly development of mining 7 claims located inside areas subject to mineral lands use 8 designations in the relevant Forest Plan. 9

USE OF AMERICAN IRON AND STEEL

10

SEC. 436. (a)(1) None of the funds made available

11 by a State water pollution control revolving fund as au12 thorized by title VI of the Federal Water Pollution Control 13 Act (33 U.S.C. 1381 et seq.) or made available by a drink14 ing water treatment revolving loan fund as authorized by 15 section 1452 of the Safe Drinking Water Act (42 U.S.C. 16 300j–12) shall be used for a project for the construction, 17 alteration, maintenance, or repair of a public water system 18 or treatment works unless all of the iron and steel prod19 ucts used in the project are produced in the United States. 20

(2) In this section, the term ‘‘iron and steel products’’

21 means the following products made primarily of iron or 22 steel: lined or unlined pipes and fittings, manhole covers 23 and other municipal castings, hydrants, tanks, flanges, 24 pipe clamps and restraints, valves, structural steel, rein25 forced precast concrete, and construction materials.

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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 Environ3 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 avail15 able to the public on an informal basis a copy of the re16 quest and information available to the Administrator con17 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 Inter22 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 manage5 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

13

SEC. 437. (a) Section 8162(m)(3) of the Department

14 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 15 note; Public Law 106–79) is amended by striking ‘‘Sep16 tember 30, 2013’’ and inserting ‘‘September 30, 2014’’. 17

(b) For fiscal year 2014, the authority provided by

18 the provisos under the heading ‘‘Dwight D. Eisenhower 19 Memorial Commission—Capital Construction’’ in division 20 E of Public Law 112–74 shall not be in effect. 21

This division may be cited as the ‘‘Department of the

22 Interior, Environment, and Related Agencies Appropria23 tions Act, 2014’’.

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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

9

(INCLUDING TRANSFER OF FUNDS)

10

For necessary expenses of the Workforce Investment

11 Act of 1998 (referred to in this Act as ‘‘WIA’’), the Sec12 ond Chance Act of 2007, the Women in Apprenticeship 13 and Non-Traditional Occupations Act of 1992 (‘‘WANTO 14 Act’’), and the Workforce Innovation Fund, as established 15 by this Act, $3,148,855,000, plus reimbursements, shall 16 be available. Of the amounts provided: 17

(1) for grants to States for adult employment

18

and training activities, youth activities, and dis-

19

located worker employment and training activities,

20

$2,588,108,000 as follows:

21

(A) $766,080,000 for adult employment

22

and training activities, of which $54,080,000

23

shall be available for the period July 1, 2014,

24

through

June

30,

2015,

and

of

which

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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 deter18 mines that it would facilitate the training of multiple indi19 viduals in high-demand occupations, if such contract does 20 not limit customer choice: Provided further, That notwith21 standing section 128(a)(1) of the WIA, the amount avail22 able to the Governor for statewide workforce investment 23 activities shall not exceed 8.75 percent of the amount al24 lotted to the State from each of the appropriations under 25 the preceding subparagraphs;

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852 1

(2)

2

for

federally

administered

programs,

$474,669,000 as follows:

3

(A) $220,859,000 for the dislocated work-

4

ers

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;

assistance

national

reserve,

of

which

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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

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

the

requirements

of

section

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

2

To carry out subtitle C of title I of the WIA, includ-

3 ing Federal administrative expenses, the purchase and 4 hire of passenger motor vehicles, the construction, alter5 ation, and repairs of buildings and other facilities, and the 6 purchase of real property for training centers as author7 ized by the WIA, $1,688,155,000, plus reimbursements, 8 as follows: 9

(1) $1,578,008,000 for Job Corps Operations,

10

which shall be available for the period July 1, 2014

11

through June 30, 2015;

12

(2) $80,000,000 for construction, rehabilitation

13

and acquisition of Job Corps Centers, which shall be

14

available for the period July 1, 2014 through June

15

30, 2017: Provided, That the Secretary may transfer

16

up to 15 percent of such funds to meet the oper-

17

ational needs of such centers or to achieve adminis-

18

trative efficiencies: Provided further, That any funds

19

transferred pursuant to the preceding proviso shall

20

not be available for obligation after June 30, 2015:

21

Provided further, That the Committees on Appro-

22

priations of the House of Representatives and the

23

Senate are notified at least 15 days in advance of

24

any transfer; and

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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 appropria6 tion shall be used to provide meal services at or for Job 7 Corps centers. 8

COMMUNITY SERVICE EMPLOYMENT FOR OLDER

9

AMERICANS

10

To carry out title V of the Older Americans Act of

11 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, 12 which shall be available for the period July 1, 2014 13 through June 30, 2015, and may be recaptured and reobli14 gated in accordance with section 517(c) of the OAA. 15

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

16

For payments during fiscal year 2014 of trade ad-

17 justment benefit payments and allowances under part I 18 of subchapter B of chapter 2 of title II of the Trade Act 19 of 1974, and section 246 of that Act; and for training, 20 employment and case management services, allowances for 21 job search and relocation, and related State administrative 22 expenses under part II of subchapter B of chapter 2 of 23 title II of the Trade Act of 1974, including benefit pay24 ments, allowances, training, employment and case man25 agement services, and related State administration pro-

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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

8

For

authorized

administrative

expenses,

9 $81,566,000, together with not to exceed $3,596,813,000 10 which may be expended from the Employment Security 11 Administration Account in the Unemployment Trust Fund 12 (‘‘the Trust Fund’’), of which: 13

(1) $2,861,575,000 from the Trust Fund is for

14

grants to States for the administration of State un-

15

employment insurance laws as authorized under title

16

III of the Social Security Act (including not less

17

than $60,000,000 to conduct in-person reemploy-

18

ment and eligibility assessments and unemployment

19

insurance

20

$10,000,000

21

misclassification of workers), the administration of

22

unemployment insurance for Federal employees and

23

for ex-service members as authorized under 5 U.S.C.

24

8501–8523, and the administration of trade read-

25

justment allowances, reemployment trade adjustment

improper for

payment

activities

to

reviews, address

and the

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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 In4 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 appro23 priated in this Act which are used to establish a national 24 one-stop career center system, or which are used to sup25 port the national activities of the Federal-State unemploy-

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862 1 ment insurance or immigration programs, may be obli2 gated in contracts, grants, or agreements with non-State 3 entities: Provided further, That States awarded competi4 tive grants for improved operations under title III of the 5 Social Security Act, or awarded grants to support the na6 tional activities of the Federal-State unemployment insur7 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 So11 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, notwith14 standing cost allocation principles prescribed under the 15 Office of Management and Budget Circular A–87: Pro16 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 organiza3 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 reem13 ployment and eligibility assessments and unemployment 14 insurance improper payment reviews. 15

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

16

OTHER FUNDS

17

For repayable advances to the Unemployment Trust

18 Fund as authorized by sections 905(d) and 1203 of the 19 Social Security Act, and to the Black Lung Disability 20 Trust Fund as authorized by section 9501(c)(1) of the In21 ternal Revenue Code of 1986; and for nonrepayable ad22 vances to the revolving fund established by section 901(e) 23 of the Social Security Act, to the Unemployment Trust 24 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 25 Unemployment Benefits and Allowances’’ account, such

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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

4

For expenses of administering employment and train-

5 ing programs, $100,577,000, together with not to exceed 6 $49,982,000 which may be expended from the Employ7 ment Security Administration Account in the Unemploy8 ment Trust Fund. 9

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

10

SALARIES AND EXPENSES

11

For necessary expenses for the Employee Benefits

12 Security Administration, $178,500,000. 13

PENSION BENEFIT GUARANTY CORPORATION

14

PENSION BENEFIT GUARANTY CORPORATION FUND

15

The Pension Benefit Guaranty Corporation (‘‘Cor-

16 poration’’) is authorized to make such expenditures, in17 cluding financial assistance authorized by subtitle E of 18 title IV of the Employee Retirement Income Security Act 19 of 1974, within limits of funds and borrowing authority 20 available to the Corporation, and in accord with law, and 21 to make such contracts and commitments without regard 22 to fiscal year limitations, as provided by 31 U.S.C. 9104, 23 as may be necessary in carrying out the program, includ24 ing associated administrative expenses, through Sep25 tember 30, 2014, for the Corporation: Provided, That

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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 administra3 tive expenses in excess of $505,441,000: Provided further, 4 That to the extent that the number of new plan partici5 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 Sep8 tember 30, 2015, for obligation for administrative ex9 penses for every 20,000 additional terminated partici10 pants: Provided further, That an additional $50,000 shall 11 be made available through September 30, 2015, for obliga12 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 ap15 proval by the Office of Management and Budget and noti16 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 para19 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 Commit23 tees on Appropriations of the House of Representatives 24 and the Senate.

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866 1

WAGE

2

AND

HOUR DIVISION

SALARIES AND EXPENSES

3

For necessary expenses for the Wage and Hour Divi-

4 sion, including reimbursement to State, Federal, and local 5 agencies and their employees for inspection services ren6 dered, $224,330,000. 7

OFFICE

OF

8

LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

9

For necessary expenses for the Office of Labor-Man-

10 agement Standards, $39,129,000. 11

OFFICE

OF

FEDERAL CONTRACT COMPLIANCE

12

PROGRAMS

13

SALARIES AND EXPENSES

14

For necessary expenses for the Office of Federal Con-

15 tract Compliance Programs, $104,976,000. 16

OFFICE

OF

17

WORKERS’ COMPENSATION PROGRAMS SALARIES AND EXPENSES

18

For necessary expenses for the Office of Workers’

19 Compensation Programs, $109,641,000, together with 20 $2,142,000 which may be expended from the Special Fund 21 in accordance with sections 39(c), 44(d), and 44(j) of the 22 Longshore and Harbor Workers’ Compensation Act.

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867 1

SPECIAL BENEFITS

2

(INCLUDING TRANSFER OF FUNDS)

3

For the payment of compensation, benefits, and ex-

4 penses (except administrative expenses) accruing during 5 the current or any prior fiscal year authorized by 5 U.S.C. 6 81; continuation of benefits as provided for under the 7 heading ‘‘Civilian War Benefits’’ in the Federal Security 8 Agency Appropriation Act, 1947; the Employees’ Com9 pensation Commission Appropriation Act, 1944; sections 10 4(c) and 5(f) of the War Claims Act of 1948; and 50 per11 cent of the additional compensation and benefits required 12 by section 10(h) of the Longshore and Harbor Workers’ 13 Compensation Act, $396,000,000, together with such 14 amounts as may be necessary to be charged to the subse15 quent year appropriation for the payment of compensation 16 and other benefits for any period subsequent to August 17 15 of the current year: Provided, That amounts appro18 priated may be used under 5 U.S.C. 8104 by the Secretary 19 to reimburse an employer, who is not the employer at the 20 time of injury, for portions of the salary of a re-employed, 21 disabled beneficiary: Provided further, That balances of re22 imbursements unobligated on September 30, 2013, shall 23 remain available until expended for the payment of com24 pensation, benefits, and expenses: Provided further, That 25 in addition there shall be transferred to this appropriation

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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 Work25 ers’ Compensation Act, provide as part of such notice and

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869 1 claim, such identifying information (including Social Secu2 rity account number) as such regulations may prescribe. 3

SPECIAL BENEFITS FOR DISABLED COAL MINERS

4

For carrying out title IV of the Federal Mine Safety

5 and Health Act of 1977, as amended by Public Law 107– 6 275, $93,235,000, to remain available until expended. 7

For making after July 31 of the current fiscal year,

8 benefit payments to individuals under title IV of such Act, 9 for costs incurred in the current fiscal year, such amounts 10 as may be necessary. 11

For making benefit payments under title IV for the

12 first quarter of fiscal year 2015, $24,000,000, to remain 13 available until expended. 14

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

15

OCCUPATIONAL ILLNESS COMPENSATION FUND

16

For necessary expenses to administer the Energy

17 Employees Occupational Illness Compensation Program 18 Act, $55,176,000, to remain available until expended: Pro19 vided, That the Secretary may require that any person fil20 ing a claim for benefits under the Act provide as part of 21 such claim such identifying information (including Social 22 Security account number) as may be prescribed.

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870 1

BLACK LUNG DISABILITY TRUST FUND

2

(INCLUDING TRANSFER OF FUNDS)

3

Such sums as may be necessary from the Black Lung

4 Disability Trust Fund (the ‘‘Fund’’), to remain available 5 until expended, for payment of all benefits authorized by 6 section 9501(d)(1), (2), (6), and (7) of the Internal Rev7 enue Code of 1986; and repayment of, and payment of 8 interest on advances, as authorized by section 9501(d)(4) 9 of that Act. In addition, the following amounts may be 10 expended from the Fund for fiscal year 2014 for expenses 11 of operation and administration of the Black Lung Bene12 fits program, as authorized by section 9501(d)(5): not to 13 exceed $33,033,000 for transfer to the Office of Workers’ 14 Compensation Programs, ‘‘Salaries and Expenses’’; not to 15 exceed $25,365,000 for transfer to Departmental Manage16 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 17 for transfer to Departmental Management, ‘‘Office of In18 spector General’’; and not to exceed $356,000 for pay19 ments into miscellaneous receipts for the expenses of the 20 Department of the Treasury. 21 OCCUPATIONAL SAFETY 22

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

23

For necessary expenses for the Occupational Safety

24 and Health Administration, $552,247,000, including not 25 to exceed $100,000,000 which shall be the maximum

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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, notwith7 standing 31 U.S.C. 3302, the Occupational Safety and 8 Health Administration may retain up to $200,000 per fis9 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 edu12 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 provi17 sions of 29 U.S.C. 9a, to administer national and inter18 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 ap21 propriated under this paragraph shall be obligated or ex22 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 fur2 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, Re7 stricted, or Transferred (‘‘DART’’) occupational injury 8 and illness rate, at the most precise industrial classifica9 tion code for which such data are published, less than the 10 national average rate as such rates are most recently pub11 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 em15 ploys 10 or fewer employees: Provided further, That 16 $10,687,000 shall be available for Susan Harwood train17 ing grants. 18

MINE SAFETY

AND

HEALTH ADMINISTRATION

19

SALARIES AND EXPENSES

20

(INCLUDING TRANSFER OF FUNDS)

21

For necessary expenses for the Mine Safety and

22 Health Administration, $375,887,000, including purchase 23 and bestowal of certificates and trophies in connection 24 with mine rescue and first-aid work, and the hire of pas25 senger motor vehicles, including up to $2,000,000 for

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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 co16 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 As22 sociation as a principal safety association and, notwith23 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 organiza2 tion; and any funds available to the Department of Labor 3 may be used, with the approval of the Secretary, to pro4 vide for the costs of mine rescue and survival operations 5 in the event of a major disaster: Provided, That the Sec6 retary may transfer such sums as may be necessary to 7 ‘‘Departmental Management’’ for the Office of the Solic8 itor move related to the relocation of the Mine Safety and 9 Health Administration headquarters. 10

BUREAU

11

OF

LABOR STATISTICS

SALARIES AND EXPENSES

12

For necessary expenses for the Bureau of Labor Sta-

13 tistics, including advances or reimbursements to State, 14 Federal, and local agencies and their employees for serv15 ices rendered, $527,212,000, together with not to exceed 16 $65,000,000 which may be expended from the Employ17 ment Security Administration account in the Unemploy18 ment Trust Fund. 19

OFFICE

20

OF

DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

21

For necessary expenses for the Office of Disability

22 Employment Policy to provide leadership, develop policy 23 and initiatives, and award grants furthering the objective 24 of eliminating barriers to the training and employment of 25 people with disabilities, $37,745,000.

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876 1

DEPARTMENTAL MANAGEMENT

2

SALARIES AND EXPENSES

3

(INCLUDING TRANSFER OF FUNDS)

4

For necessary expenses for Departmental Manage-

5 ment, including the hire of three passenger motor vehicles, 6 $336,621,000, together with not to exceed $308,000, 7 which may be expended from the Employment Security 8 Administration account in the Unemployment Trust 9 Fund: Provided, That $64,825,000 for the Bureau of 10 International Labor Affairs shall be available for obliga11 tion through December 31, 2014: Provided further, That 12 funds available to the Bureau of International Labor Af13 fairs may be used to administer or operate international 14 labor activities, bilateral and multilateral technical assist15 ance, and microfinance programs, by or through contracts, 16 grants, subgrants and other arrangements: Provided fur17 ther, That not more than $58,825,000 shall be for pro18 grams to combat exploitative child labor internationally 19 and not less than $6,000,000 shall be used to implement 20 model programs that address worker rights issues through 21 technical assistance in countries with which the United 22 States has free trade agreements or trade preference pro23 grams: Provided further, That $8,040,000 shall be used 24 for program evaluation and shall be available for obliga25 tion through September 30, 2015: Provided further, That

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877 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

7

Not to exceed $231,414,000 may be derived from the

8 Employment Security Administration account in the Un9 employment Trust Fund to carry out the provisions of 10 chapters 41, 42, and 43 of title 38, United States Code, 11 of which: 12

(1) $175,000,000 is for Jobs for Veterans State

13

grants under 38 U.S.C. 4102A(b)(5) to support dis-

14

abled veterans’ outreach program specialists under

15

section 4103A of such title and local veterans’ em-

16

ployment representatives under section 4104(b) of

17

such title, and for the expenses described in section

18

4102A(b)(5)(C), which shall be available for obliga-

19

tion by the States through December 31, 2014: Pro-

20

vided, That, in addition, such funds may be used to

21

support such specialists and representatives in the

22

provision of services to transitioning members of the

23

Armed Forces who have participated in the Transi-

24

tion Assistance Program and have been identified as

25

in need of intensive services, to members of the

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878 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

23

For necessary expenses for Department of Labor cen-

24 tralized infrastructure technology investment activities re25 lated to support systems and modernization, $19,778,000.

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879 1

OFFICE OF INSPECTOR GENERAL

2

For salaries and expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector 4 General Act of 1978, $74,721,000, together with not to 5 exceed $5,590,000 which may be expended from the Em6 ployment Security Administration account in the Unem7 ployment Trust Fund. 8

GENERAL PROVISIONS

9

SEC. 101. None of the funds appropriated by this Act

10 for the Job Corps shall be used to pay the salary and bo11 nuses of an individual, either as direct costs or any prora12 tion as an indirect cost, at a rate in excess of Executive 13 Level II. 14

(TRANSFER OF FUNDS)

15

SEC. 102. Not to exceed 1 percent of any discre-

16 tionary funds (pursuant to the Balanced Budget and 17 Emergency Deficit Control Act of 1985) which are appro18 priated for the current fiscal year for the Department of 19 Labor in this Act may be transferred between a program, 20 project, or activity, but no such program, project, or activ21 ity shall be increased by more than 3 percent by any such 22 transfer: Provided, That the transfer authority granted by 23 this section shall not be used to create any new program 24 or to fund any project or activity for which no funds are 25 provided in this Act: Provided further, That the Commit-

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880 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 ex7 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 Improve15 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 solicita23 tions for grant applications issued prior to January 15, 24 2014.

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881 1

SEC. 105. None of the funds made available by this

2 Act under the heading ‘‘Employment and Training Ad3 ministration’’ shall be used by a recipient or subrecipient 4 of such funds to pay the salary and bonuses of an indi5 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 es10 tablish a lower limit for salaries and bonuses of those re11 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 pro16 grams involved including Employment and Training Ad17 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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882 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 Oc9 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 initi12 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)

16

SEC. 107. Notwithstanding section 102, the Sec-

17 retary may transfer funds made available to the Employ18 ment and Training Administration by this Act, either di19 rectly or through a set-aside, for technical assistance serv20 ices to grantees to ‘‘Program Administration’’ when it is 21 determined that those services will be more efficiently per22 formed by Federal employees: Provided, That this section 23 shall not apply to section 173A(f)(2) of the WIA.

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883 1

(INCLUDING TRANSFER OF FUNDS)

2

SEC. 108. (a) The Secretary may reserve not more

3 than 0.5 percent from each appropriation made available 4 in this Act identified in subsection (b) in order to carry 5 out evaluations of any of the programs or activities that 6 are funded under such accounts. Any funds reserved under 7 this section shall be transferred to ‘‘Departmental Man8 agement’’ for use by the Office of the Chief Evaluation 9 Officer within the Department of Labor, and shall be 10 available for obligation through September 30, 2015: Pro11 vided, That such funds shall only be available if the Chief 12 Evaluation Officer of the Department of Labor submits 13 a plan to the Committees on Appropriations of the House 14 of Representatives and the Senate describing the evalua15 tions to be carried out 15 days in advance of any transfer. 16

(b) The accounts referred to in subsection (a) are:

17 ‘‘Training and Employment Services’’, ‘‘Office of Job 18 Corps’’, ‘‘Community Service Employment for Older 19 Americans’’, ‘‘State Unemployment Insurance and Em20 ployment Service Operations’’, ‘‘Employee Benefits Secu21 rity Administration’’, ‘‘Office of Workers’ Compensation 22 Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Fed23 eral Contract Compliance Programs’’, ‘‘Office of Labor 24 Management Standards’’, ‘‘Occupational Safety and 25 Health Administration’’, ‘‘Mine Safety and Health Admin-

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884 1 istration’’, funding made available to the ‘‘Bureau of 2 International Affairs’’ and ‘‘Women’s Bureau’’ within the 3 ‘‘Departmental Management, Salaries and Expenses’’ ac4 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 ‘‘Fidu7 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 assist15 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 appli24 cable to such grants.

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885 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

9

SEC. 112. In an investigation by the Department of

10 substantial violations related to the admission of non11 immigrants described in section 101(a)(15)(H)(ii)(a) of 12 the Immigration and Nationality Act, if the employer of 13 such nonimmigrants demonstrates, by a preponderance of 14 the evidence, that an agent of the employer engaged in 15 fraud or misrepresentation to the Department that was 16 outside the scope of the authority conferred by the em17 ployer, the Secretary is authorized— 18

(1) to exclude the employer of such non-

19

immigrants from debarment proceedings under sec-

20

tion 655.118 of title 20, Code of Federal Regula-

21

tions, which were commenced on or after January 1,

22

2013; and

23

(2) to initiate or continue debarment pro-

24

ceedings against the agent who engaged in such

25

fraud or misrepresentation.

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886 1

SEC. 113. (a) FLEXIBILITY WITH RESPECT

2 CROSSING

OF

H–2B NONIMMIGRANTS WORKING

TO THE IN 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

13

90TH DAY.—An

14

may not bring H–2B nonimmigrants into the United

15

States after the date that is 90 days after the start

16

date for which the employer is seeking the services

17

of the nonimmigrants unless the employer—

18

employer in the seafood industry

(A) completes a new assessment of the

19

local labor market by—

20

(i) listing job orders in local news-

21

papers on 2 separate Sundays; and

22

(ii) posting the job opportunity on the

23

appropriate Department of Labor Elec-

24

tronic Job Registry and at the employer’s

25

place of employment; and

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887 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

7

TO STAGGERING.—The

8

consider an employer in the seafood industry who

9

brings H–2B nonimmigrants into the United States

10

during the 120-day period specified in paragraph (1)

11

to be staggering the date of need in violation of sec-

12

tion 655.20(d) of title 20, Code of Federal Regula-

13

tions, or any other applicable provision of law.

14

(b) H–2B NONIMMIGRANTS DEFINED.—In this sec-

Secretary of Labor shall not

15 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad16 mitted to the United States pursuant to section 17 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 18 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 19

(c) This section shall be in effect until September 30,

20 2014. 21

This title may be cited as the ‘‘Department of Labor

22 Appropriations Act, 2014’’.

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888 1

TITLE II

2

DEPARTMENT OF HEALTH AND HUMAN

3

SERVICES

4

HEALTH RESOURCES

5

AND

SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

6

For carrying out titles II and III of the Public Health

7 Service Act (referred to in this Act as the ‘‘PHS Act’’) 8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,495,276,000: Provided, 10 That no more than $40,000 shall be available until ex11 pended for carrying out the provisions of section 224(o) 12 of the PHS Act, including associated administrative ex13 penses and relevant evaluations: Provided further, That no 14 more than $94,893,000 shall be available until expended 15 for carrying out the provisions of Public Law 104–73 and 16 for expenses incurred by the Department of Health and 17 Human Services (referred to in this Act as ‘‘HHS’’) per18 taining to administrative claims made under such law: 19 Provided further, That of funds provided for the Health 20 Centers program, as defined by section 330 of the PHS 21 Act, by this Act or any other Act for fiscal year 2014, 22 not less than $110,000,000 shall be obligated in fiscal year 23 2014 as base grant adjustments and not less than 24 $350,000,000 shall be obligated in fiscal year 2014 to sup25 port new access points including approved and unfunded

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889 1 applications from fiscal year 2013, grants to expand med2 ical services, behavioral health, oral health, pharmacy, and 3 vision services, and costs associated with the HHS admin4 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 fur19 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 Qual22 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 Practi25 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 Pro4 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 infor9 mation reporting requirement program authorized by sec10 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: Pro13 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 adjust16 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 Amer21 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

5

For carrying out title XXVI of the PHS Act with

6 respect

to

the

Ryan

White

HIV/AIDS

program,

7 $2,293,781,000, of which $1,970,881,000 shall remain 8 available to the Secretary through September 30, 2016, 9 for parts A and B of title XXVI of the PHS Act, and 10 of which not less than $900,313,000 shall be for State 11 AIDS Drug Assistance Programs under the authority of 12 section 2616 or 311(c) of such Act: Provided, That in ad13 dition to amounts provided herein, $25,000,000 shall be 14 available from amounts available under section 241 of the 15 PHS Act to carry out parts A, B, C, and D of title XXVI 16 of the PHS Act to fund Special Projects of National Sig17 nificance under section 2691. 18

HEALTH CARE SYSTEMS

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 facili23 ties renovations at the Gillis W. Long Hansen’s Disease 24 Center.

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892 1

RURAL HEALTH

2

For carrying out titles III and IV of the PHS Act

3 with respect to rural health, section 427(a) of the Federal 4 Coal Mine Health and Safety Act, the Cardiac Arrest Sur5 vival Act of 2000, and sections 711 and 1820 of the Social 6 Security Act, $142,335,000, of which $40,609,000 from 7 general revenues, notwithstanding section 1820(j) of the 8 Social Security Act, shall be available for carrying out the 9 Medicare rural hospital flexibility grants program: Pro10 vided, That of the funds made available under this heading 11 for Medicare rural hospital flexibility grants, $14,942,000 12 shall be available for the Small Rural Hospital Improve13 ment Grant Program for quality improvement and adop14 tion of health information technology and up to 15 $1,000,000 shall be to carry out section 1820(g)(6) of the 16 Social Security Act, with funds provided for grants under 17 section 1820(g)(6) available for the purchase and imple18 mentation of telehealth services, including pilots and dem19 onstrations on the use of electronic health records to co20 ordinate rural veterans care between rural providers and 21 the Department of Veterans Affairs electronic health 22 record system: Provided further, That notwithstanding 23 section 338J(k) of the PHS Act, $9,511,000 shall be 24 available for State Offices of Rural Health.

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893 1

FAMILY PLANNING

2

For carrying out the program under title X of the

3 PHS Act to provide for voluntary family planning 4 projects, $286,479,000: Provided, That amounts provided 5 to said projects under such title shall not be expended for 6 abortions, that all pregnancy counseling shall be nondirec7 tive, and that such amounts shall not be expended for any 8 activity (including the publication or distribution of lit9 erature) that in any way tends to promote public support 10 or opposition to any legislative proposal or candidate for 11 public office. 12

PROGRAM MANAGEMENT

13

For program support in the Health Resources and

14 Services Administration, $153,061,000: Provided, That 15 funds made available under this heading may be used to 16 supplement program support funding provided under the 17 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 18 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 19 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 20

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

21

ACCOUNT

22

Such sums as may be necessary to carry out the pur-

23 pose of the program, as authorized by title VII of the PHS 24 Act. For administrative expenses to carry out the guaran-

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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

4

For payments from the Vaccine Injury Compensation

5 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 6 may be necessary for claims associated with vaccine-re7 lated injury or death with respect to vaccines administered 8 after September 30, 1988, pursuant to subtitle 2 of title 9 XXI of the PHS Act, to remain available until expended: 10 Provided, That for necessary administrative expenses, not 11 to exceed $6,464,000 shall be available from the Trust 12 Fund to the Secretary. 13

CENTERS

14

FOR

DISEASE CONTROL

AND

PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

15

For carrying out titles II, III, XVII, and XXI, and

16 section 2821 of the PHS Act, titles II and IV of the Immi17 gration and Nationality Act, and section 501 of the Ref18 ugee Education Assistance Act, with respect to immuniza19 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 Immuniza23 tion Surveys.

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895 1

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

2

DISEASES, AND TUBERCULOSIS PREVENTION

3

For carrying out titles II, III, XVII, XXIII, and

4 XXVI of the PHS Act with respect to HIV/AIDS, viral 5 hepatitis, sexually transmitted diseases, and tuberculosis 6 prevention, $1,072,834,000. 7

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

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 Edu11 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 Detec14 tion initiative, the CDC Director shall establish and pub15 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 pre21 vention and health promotion, $711,650,000: Provided, 22 That funds appropriated under this account may be avail23 able for making grants under section 1509 of the PHS 24 Act for not less than 21 States, tribes, or tribal organiza25 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 fur4 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 transpor9 tation authorities or Indian tribes to implement evidence10 based chronic disease prevention strategies: Provided fur11 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 part14 ners. 15

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES,

16

DISABILITIES AND HEALTH

17

For carrying out titles II, III, XI, and XVII of the

18 PHS Act with respect to birth defects, developmental dis19 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 Re16 sponse Act, and sections 20, 21, and 22 of the Occupa17 tional Safety and Health Act, with respect to occupational 18 safety and health, $180,300,000: Provided, That in addi19 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

24

For necessary expenses to administer the Energy

25 Employees Occupational Illness Compensation Program

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898 1 Act, $55,358,000, to remain available until expended: Pro2 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: Pro12 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 re17 sponse, and for expenses necessary to support activities 18 related to countering potential biological, nuclear, radio19 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 Stock22 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

14

(INCLUDING TRANSFER OF FUNDS)

15

For carrying out titles II, III, XVII and XIX, and

16 section 2821 of the PHS Act and for cross-cutting activi17 ties and program support that supplement activities fund18 ed under the headings ‘‘Immunization and Respiratory 19 Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually Trans20 mitted Diseases, and Tuberculosis Prevention’’, ‘‘Emerg21 ing and Zoonotic Infectious Diseases’’, ‘‘Chronic Disease 22 Prevention and Health Promotion’’, ‘‘Birth Defects, De23 velopmental Disabilities, Disabilities and Health’’, ‘‘Envi24 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 trans6 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 head12 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 pur15 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, mu19 nicipalities, or other organizations under authority of sec20 tion 214 of the PHS Act, or in overseas assignments, shall 21 be treated as non-Federal employees for reporting pur22 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 representa2 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 there6 of: Provided further, That with respect to the previous pro7 viso, authorized user fees from the Vessel Sanitation Pro8 gram shall be available through September 30, 2015: Pro9 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 fur13 ther, That to facilitate the implementation of the perma14 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 ap21 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 imple24 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 cus2 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 pro6 grammatic activities: Provided further, That CDC shall no7 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

12

OF

HEALTH

NATIONAL CANCER INSTITUTE

13

For carrying out section 301 and title IV of the PHS

14 Act with respect to cancer, $4,923,238,000, of which up 15 to $8,000,000 may be used for facilities repairs and im16 provements at the National Cancer Institute—Frederick 17 Federally Funded Research and Development Center in 18 Frederick, Maryland. 19

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

20

For carrying out section 301 and title IV of the PHS

21 Act with respect to cardiovascular, lung, and blood dis22 eases, and blood and blood products, $2,988,605,000.

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903 1

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2

RESEARCH

3

For carrying out section 301 and title IV of the PHS

4 Act with respect to dental and craniofacial diseases, 5 $398,650,000. 6

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7

KIDNEY DISEASES

8

For carrying out section 301 and title IV of the PHS

9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,744,274,000. 11

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

12

AND STROKE

13

For carrying out section 301 and title IV of the PHS

14 Act with respect to neurological disorders and stroke, 15 $1,587,982,000. 16

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17

DISEASES

18

For carrying out section 301 and title IV of the PHS

19 Act with respect to allergy and infectious diseases, 20 $4,358,841,000. 21

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

22

For carrying out section 301 and title IV of the PHS

23 Act

with

respect

24 $2,364,147,000:

to

general

Provided,

That

medical not

sciences, less

than

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904 1 $273,325,000 is provided for the Institutional Develop2 ment Awards program. 3

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

4

CHILD HEALTH AND HUMAN DEVELOPMENT

5

For carrying out section 301 and title IV of the PHS

6 Act with respect to child health and human development, 7 $1,282,595,000. 8

NATIONAL EYE INSTITUTE

9

For carrying out section 301 and title IV of the PHS

10 Act with respect to eye diseases and visual disorders, 11 $682,077,000. 12

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13

SCIENCES

14

For carrying out section 301 and title IV of the PHS

15 Act with respect to environmental health sciences, 16 $665,439,000. 17

NATIONAL INSTITUTE ON AGING

18

For carrying out section 301 and title IV of the PHS

19 Act with respect to aging, $1,171,038,000. 20

NATIONAL INSTITUTE OF ARTHRITIS AND

21

MUSCULOSKELETAL AND SKIN DISEASES

22

For carrying out section 301 and title IV of the PHS

23 Act with respect to arthritis and musculoskeletal and skin 24 diseases, $520,053,000.

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905 1

NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2

COMMUNICATION DISORDERS

3

For carrying out section 301 and title IV of the PHS

4 Act with respect to deafness and other communication dis5 orders, $404,049,000. 6

NATIONAL INSTITUTE OF NURSING RESEARCH

7

For carrying out section 301 and title IV of the PHS

8 Act with respect to nursing research, $140,517,000. 9

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10

ALCOHOLISM

11

For carrying out section 301 and title IV of the PHS

12 Act with respect to alcohol abuse and alcoholism, 13 $446,025,000. 14

NATIONAL INSTITUTE ON DRUG ABUSE

15

For carrying out section 301 and title IV of the PHS

16 Act with respect to drug abuse, $1,025,435,000. 17

NATIONAL INSTITUTE OF MENTAL HEALTH

18

For carrying out section 301 and title IV of the PHS

19 Act with respect to mental health, $1,446,172,000. 20

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21

For carrying out section 301 and title IV of the PHS

22 Act

with

respect

to

human

genome

research,

23 $497,813,000.

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906 1

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2

BIOENGINEERING

3

For carrying out section 301 and title IV of the PHS

4 Act with respect to biomedical imaging and bioengineering 5 research, $329,172,000. 6

NATIONAL CENTER FOR COMPLEMENTARY AND

7

ALTERNATIVE MEDICINE

8

For carrying out section 301 and title IV of the PHS

9 Act with respect to complementary and alternative medi10 cine, $124,296,000. 11

NATIONAL INSTITUTE ON MINORITY HEALTH AND

12

HEALTH DISPARITIES

13

For carrying out section 301 and title IV of the PHS

14 Act with respect to minority health and health disparities 15 research, $268,322,000. 16

JOHN E. FOGARTY INTERNATIONAL CENTER

17

For carrying out the activities of the John E. Fogarty

18 International Center (described in subpart 2 of part E of 19 title IV of the PHS Act), $67,577,000. 20

NATIONAL LIBRARY OF MEDICINE

21

For carrying out section 301 and title IV of the PHS

22 Act with respect to health information communications, 23 $327,723,000, of which $4,000,000 shall be available until 24 September 30, 2015, for improvement of information sys25 tems: Provided, That in fiscal year 2014, the National Li-

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907 1 brary of Medicine may enter into personal services con2 tracts for the provision of services in facilities owned, oper3 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 avail7 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 estab10 lished under section 478A of the PHS Act and related 11 health information services. 12

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

13

SCIENCES

14

For carrying out section 301 and title IV of the PHS

15 Act with respect to translational sciences, $633,267,000: 16 Provided, That up to $9,835,000 shall be available to im17 plement section 480 of the PHS Act, relating to the Cures 18 Acceleration Network: Provided further, That at least 19 $474,746,000 is provided to the Clinical and Translational 20 Sciences Awards program. 21

OFFICE OF THE DIRECTOR

22

For carrying out the responsibilities of the Office of

23 the Director, NIH, $1,400,134,000, of which up to 24 $25,000,000 shall be used to carry out section 213 of this 25 Act: Provided, That funding shall be available for the pur-

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908 1 chase of not to exceed 29 passenger motor vehicles for re2 placement only: Provided further, That NIH is authorized 3 to collect third-party payments for the cost of clinical serv4 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 fis8 cal year after the fiscal year in which they are deposited: 9 Provided further, That $165,000,000 shall be for the Na10 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 trans14 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 fur17 ther, That $533,039,000 shall be available for the Com18 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

4

For the study of, construction or demolition of, ren-

5 ovation of, and acquisition of equipment for, facilities of 6 or used by NIH, including the acquisition of real property, 7 $128,663,000, to remain available until September 30, 8 2018, of which up to $7,000,000 may be used for demoli9 tion. 10

SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES

11

ADMINISTRATION

12

MENTAL HEALTH

13

For carrying out titles III, V, and XIX of the PHS

14 Act with respect to mental health, and the Protection and 15 Advocacy for Individuals with Mental Illness Act, 16 $1,055,347,000: Provided, That notwithstanding section 17 520A(f)(2) of the PHS Act, no funds appropriated for car18 rying out section 520A shall be available for carrying out 19 section 1971 of the PHS Act: Provided further, That in 20 addition to amounts provided herein, $21,039,000 shall be 21 available under section 241 of the PHS Act to carry out 22 subpart I of part B of title XIX of the PHS Act to fund 23 section 1920(b) technical assistance, national data, data 24 collection and evaluation activities, and further that the 25 total available under this Act for section 1920(b) activities

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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 evidence11 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

18

For carrying out titles III, V, and XIX of the PHS

19 Act with respect to substance abuse treatment and section 20 1922(a) of the PHS Act with respect to substance abuse 21 prevention, $2,052,661,000: Provided, That in addition to 22 amounts provided herein, the following amounts shall be 23 available under section 241 of the PHS Act: (1) 24 $79,200,000 to carry out subpart II of part B of title XIX 25 of the PHS Act to fund section 1935(b) technical assist-

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911 1 ance, national data, data collection and evaluation activi2 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

10

For carrying out titles III and V of the PHS Act

11 with respect to substance abuse prevention, $175,631,000. 12

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

13

For program support and cross-cutting activities that

14 supplement activities funded under the headings ‘‘Mental 15 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 16 Abuse Prevention’’ in carrying out titles III, V, and XIX 17 of the PHS Act and the Protection and Advocacy for Indi18 viduals with Mental Illness Act in the Substance Abuse 19 and

Mental

Health

Services

Administration,

20 $151,296,000: Provided, That in addition to amounts pro21 vided herein, $30,428,000 shall be available under section 22 241 of the PHS Act to supplement funds available to 23 carry out national surveys on drug abuse and mental 24 health, to collect and analyze program data, and to con25 duct public awareness and technical assistance activities:

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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 fur7 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

12

FOR

HEALTHCARE RESEARCH

AND

QUALITY

HEALTHCARE RESEARCH AND QUALITY

13

For carrying out titles III and IX of the PHS Act,

14 part A of title XI of the Social Security Act, and section 15 1013 of the Medicare Prescription Drug, Improvement, 16 and Modernization Act of 2003, $364,008,000 shall be 17 available from amounts available under section 241 of the 18 PHS Act, notwithstanding subsection 947(c) of such Act: 19 Provided, That in addition, amounts received from Free20 dom of Information Act fees, reimbursable and inter21 agency agreements, and the sale of data shall be credited 22 to this appropriation and shall remain available until Sep23 tember 30, 2015.

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913 1

CENTERS

2

FOR

MEDICARE

AND

MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

3

For carrying out, except as otherwise provided, titles

4 XI and XIX of the Social Security Act, $177,872,985,000, 5 to remain available until expended. 6

For making, after May 31, 2014, payments to States

7 under title XIX or in the case of section 1928 on behalf 8 of States under title XIX of the Social Security Act for 9 the last quarter of fiscal year 2014 for unanticipated costs 10 incurred for the current fiscal year, such sums as may be 11 necessary. 12

For making payments to States or in the case of sec-

13 tion 1928 on behalf of States under title XIX of the Social 14 Security Act for the first quarter of fiscal year 2015, 15 $103,472,323,000, to remain available until expended. 16

Payment under such title XIX may be made for any

17 quarter with respect to a State plan or plan amendment 18 in effect during such quarter, if submitted in or prior to 19 such quarter and approved in that or any subsequent 20 quarter. 21

PAYMENTS TO HEALTH CARE TRUST FUNDS

22

For payment to the Federal Hospital Insurance

23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund, as provided under sections 217(g), 25 1844, and 1860D–16 of the Social Security Act, sections

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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

10

For carrying out, except as otherwise provided, titles

11 XI, XVIII, XIX, and XXI of the Social Security Act, titles 12 XIII and XXVII of the PHS Act, the Clinical Laboratory 13 Improvement Amendments of 1988, and other responsibil14 ities of the Centers for Medicare and Medicaid Services, 15 not to exceed $3,669,744,000, to be transferred from the 16 Federal Hospital Insurance Trust Fund and the Federal 17 Supplementary Medical Insurance Trust Fund, as author18 ized by section 201(g) of the Social Security Act; together 19 with all funds collected in accordance with section 353 of 20 the PHS Act and section 1857(e)(2) of the Social Security 21 Act, funds retained by the Secretary pursuant to section 22 302 of the Tax Relief and Health Care Act of 2006; and 23 such sums as may be collected from authorized user fees 24 and the sale of data, which shall be credited to this ac25 count and remain available until September 30, 2019: Pro-

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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 eli8 gible organizations with risk-sharing contracts under sec9 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 pro12 gram as authorized by the State High Risk Pool Funding 13 Extension Act of 2006. 14

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

15

In addition to amounts otherwise available for pro-

16 gram integrity and program management, $293,588,000, 17 to remain available through September 30, 2015, to be 18 transferred from the Federal Hospital Insurance Trust 19 Fund and the Federal Supplementary Medical Insurance 20 Trust Fund, as authorized by section 201(g) of the Social 21 Security Act, of which $207,636,000 shall be for the Medi22 care Integrity Program at the Centers for Medicare and 23 Medicaid Services, including administrative costs, to con24 duct oversight activities for Medicare Advantage under 25 Part C and the Medicare Prescription Drug Program

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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 re12 quired by section 1817(k)(5) of the Social Security Act 13 for fiscal year 2014 shall include measures of the oper14 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

19

ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

20

For carrying out, except as otherwise provided under

21 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 22 Act and the Act of July 5, 1960, $2,965,245,000, to re23 main available until expended; and for such purposes for 24 the first quarter of fiscal year 2015, $1,250,000,000, to 25 remain available until expended.

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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

8

For making payments under subsections (b) and (d)

9 of section 2602 of the Low Income Home Energy Assist10 ance Act of 1981, $3,424,549,000: Provided, That all but 11 $491,000,000 of this amount shall be allocated as though 12 the total appropriation for such payments for fiscal year 13 2014 was less than $1,975,000,000: Provided further, 14 That notwithstanding section 2609A(a), of the amounts 15 appropriated under section 2602(b), not more than 16 $2,988,000 of such amounts may be reserved by the Sec17 retary for technical assistance, training, and monitoring 18 of program activities for compliance with internal controls, 19 policies and procedures and may, in addition to the au20 thorities provided in section 2609A(a)(1), use such funds 21 through contracts with private entities that do not qualify 22 as nonprofit organizations. 23

REFUGEE AND ENTRANT ASSISTANCE

24

For necessary expenses for refugee and entrant as-

25 sistance activities authorized by section 414 of the Immi-

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918 1 gration and Nationality Act and section 501 of the Ref2 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 re14 search and evaluation with respect to activities under 15 those authorities. 16

PAYMENTS TO STATES FOR THE CHILD CARE AND

17

DEVELOPMENT BLOCK GRANT

18

For carrying out the Child Care and Development

19 Block

Grant

Act

of

1990

(‘‘CCDBG

Act’’),

20 $2,360,000,000 shall be used to supplement, not supplant 21 State general revenue funds for child care assistance for 22 low-income families: Provided, That $19,357,000 shall be 23 available for child care resource and referral and school24 aged child care activities, of which $996,000 shall be avail25 able to the Secretary for a competitive grant for the oper-

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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 in3 formation for parents and help parents access child care 4 in their local community: Provided further, That, in addi5 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

17

For making grants to States pursuant to section

18 2002 of the Social Security Act, $1,700,000,000: Pro19 vided, That notwithstanding subparagraph (B) of section 20 404(d)(2) of such Act, the applicable percent specified 21 under such subparagraph for a State to carry out State 22 programs pursuant to title XX–A of such Act shall be 10 23 percent.

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920 1

CHILDREN AND FAMILIES SERVICES PROGRAMS

2

For carrying out, except as otherwise provided, the

3 Runaway and Homeless Youth Act, the Head Start Act, 4 the Child Abuse Prevention and Treatment Act, sections 5 303 and 313 of the Family Violence Prevention and Serv6 ices Act, the Native American Programs Act of 1974, title 7 II of the Child Abuse Prevention and Treatment and 8 Adoption Reform Act of 1978 (adoption opportunities), 9 the Abandoned Infants Assistance Act of 1988, part B– 10 1 of title IV and sections 413, 1110, and 1115 of the So11 cial Security Act; for making payments under the Commu12 nity Services Block Grant Act (‘‘CSBG Act’’), sections 13 473B and 477(i) of the Social Security Act, and the As14 sets for Independence Act; for necessary administrative 15 expenses to carry out such Acts and titles I, IV, V, X, 16 XI, XIV, XVI, and XX of the Social Security Act, the 17 Act of July 5, 1960, the Low Income Home Energy As18 sistance Act of 1981, title IV of the Immigration and Na19 tionality Act, and section 501 of the Refugee Education 20 Assistance Act of 1980; and for the administration of 21 prior year obligations made by the Administration for 22 Children and Families under the Developmental Disabil23 ities Assistance and Bill of Rights Act and the Help Amer24 ica Vote Act of 2002, $10,346,943,000, of which 25 $37,943,000, to remain available through September 30,

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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 Se3 curity Act and may be made for adoptions completed be4 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 mak8 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 sec11 tion 640 of the Head Start Act, of which $100,000,000 12 shall be available for a cost of living adjustment notwith13 standing section 640(a)(3)(A) of such Act: Provided fur14 ther, That for purposes of allocating funds under section 15 640 of the Head Start Act, subsection (a)(2) of such sec16 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 Sec21 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 au24 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 pro10 grams as described in section 645A of such Act, for con11 version of Head Start services to Early Head Start serv12 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 Part15 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 pro20 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 sec9 tion 680(a)(3)(B) of such Act: Provided further, That to 10 the extent Community Services Block Grant funds are dis11 tributed as grant funds by a State to an eligible entity 12 as provided under the CSBG Act, and have not been ex13 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 re17 garding the disposition of intangible assets and program 18 income that permit such assets acquired with, and pro19 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 fur24 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 devel9 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 man19 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 Informa22 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

2

For carrying out, except as otherwise provided, sec-

3 tion 436 of the Social Security Act, $345,000,000 and in 4 addition, for carrying out, except as otherwise provided, 5 section 437 of such Act, $59,765,000. 6

PAYMENTS FOR FOSTER CARE AND PERMANENCY

7

For carrying out, except as otherwise provided, title

8 IV–E of the Social Security Act, $4,806,000,000. 9

For carrying out, except as otherwise provided, title

10 IV–E of the Social Security Act, for the first quarter of 11 fiscal year 2015, $2,200,000,000. 12

For making, after May 31 of the current fiscal year,

13 payments to States or other non-Federal entities under 14 section 474 of title IV–E of the Social Security Act, for 15 the last 3 months of the current fiscal year for unantici16 pated costs, incurred for the current fiscal year, such sums 17 as may be necessary. 18

ADMINISTRATION

FOR

COMMUNITY LIVING

19

AGING AND DISABILITY SERVICES PROGRAMS

20

(INCLUDING TRANSFER OF FUNDS)

21

For carrying out, to the extent not otherwise pro-

22 vided, the OAA, titles III and XXIX of the PHS Act, sec23 tion 119 of the Medicare Improvements for Patients and 24 Providers Act of 2008, title XX–B of the Social Security 25 Act, the Developmental Disabilities Assistance and Bill of

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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 Hos6 pital Insurance Trust Fund and the Federal Supple7 mentary Medical Insurance Trust Fund to carry out sec8 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 dem13 onstrated through rigorous evaluation to be evidence14 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 ad19 ministering any such grants awarded prior to the date of 20 the enactment of this Act: Provided further, That notwith21 standing any other provision of this Act, funds made avail22 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

2

OF THE

SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

3

For necessary expenses, not otherwise provided, for

4 general departmental management, including hire of six 5 passenger motor vehicles, and for carrying out titles III, 6 XVII, XXI, and section 229 of the PHS Act, the United 7 States-Mexico Border Health Commission Act, and re8 search studies under section 1110 of the Social Security 9 Act, $458,056,000, together with $69,211,000 from the 10 amounts available under section 241 of the PHS Act to 11 carry out national health or human services research and 12 evaluation activities: Provided, That of this amount, 13 $52,224,000 shall be for minority AIDS prevention and 14 treatment activities: Provided further, That of the funds 15 made available under this heading, $101,000,000 shall be 16 for making competitive contracts and grants to public and 17 private entities to fund medically accurate and age appro18 priate programs that reduce teen pregnancy and for the 19 Federal costs associated with administering and evalu20 ating such contracts and grants, of which not less than 21 $72,200,000 shall be for replicating programs that have 22 been proven effective through rigorous evaluation to re23 duce teenage pregnancy, behavioral risk factors underlying 24 teenage pregnancy, or other associated risk factors, of 25 which not less than $24,000,000 shall be available for re-

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928 1 search and demonstration grants to develop, replicate, re2 fine, and test additional models and innovative strategies 3 for preventing teenage pregnancy, and of which any re4 maining amounts shall be available for training and tech5 nical assistance, evaluation, outreach, and additional pro6 gram support activities: Provided further, That of the 7 amounts provided under this heading from amounts avail8 able under section 241 of the PHS Act, $8,455,000 shall 9 be available to carry out evaluations (including longitu10 dinal evaluations) of teenage pregnancy prevention ap11 proaches: Provided further, That of the funds made avail12 able under this heading, $1,750,000 is for strengthening 13 the Department’s acquisition workforce capacity and capa14 bilities: Provided further, That with respect to the previous 15 proviso, such funds shall be available for training, recruit16 ment, retention and hiring members of the acquisition 17 workforce as defined by 41 U.S.C. 1703, and for informa18 tion technology in support of acquisition workforce effec19 tiveness or for management solutions to improve acquisi20 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 edu23 cation (as defined by section 510(b)(2)(A)–(H) of the So24 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 adoles4 cent to whom the entities provide abstinence education 5 under such grant, the entities will not provide to that ado6 lescent any other education regarding sexual conduct, ex7 cept that, in the case of an entity expressly required by 8 law to provide health information or services the adoles9 cent shall not be precluded from seeking health informa10 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 em13 bryo adoption activities may be used to provide to individ14 uals adopting embryos, through grants and other mecha15 nisms, medical and administrative services deemed nec16 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

20

For expenses necessary for the Office of Medicare

21 Hearings and Appeals, $82,381,000, to be transferred in 22 appropriate part from the Federal Hospital Insurance 23 Trust Fund and the Federal Supplementary Medical In24 surance Trust Fund.

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930 1

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

2

INFORMATION TECHNOLOGY

3

For expenses necessary for the Office of the National

4 Coordinator for Health Information Technology, including 5 grants, contracts, and cooperative agreements for the de6 velopment and advancement of interoperable health infor7 mation technology, $15,556,000: Provided, That in addi8 tion to amounts provided herein, $44,811,000 shall be 9 available from amounts available under section 241 of the 10 PHS Act. 11

OFFICE OF INSPECTOR GENERAL

12

For expenses necessary for the Office of Inspector

13 General, including the hire of passenger motor vehicles for 14 investigations, in carrying out the provisions of the Inspec15 tor General Act of 1978, $71,000,000: Provided, That of 16 such amount, necessary sums shall be available for pro17 viding protective services to the Secretary and inves18 tigating non-payment of child support cases for which non19 payment is a Federal offense under 18 U.S.C. 228. 20

OFFICE FOR CIVIL RIGHTS

21

For expenses necessary for the Office for Civil

22 Rights, $38,798,000.

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931 1

RETIREMENT PAY AND MEDICAL BENEFITS FOR

2

COMMISSIONED OFFICERS

3

For retirement pay and medical benefits of Public

4 Health Service Commissioned Officers as authorized by 5 law, for payments under the Retired Serviceman’s Family 6 Protection Plan and Survivor Benefit Plan, and for med7 ical care of dependents and retired personnel under the 8 Dependents’ Medical Care Act, such amounts as may be 9 required during the current fiscal year. 10

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

11

FUND

12

For expenses necessary to support activities related

13 to countering potential biological, nuclear, radiological, 14 chemical, and cybersecurity threats to civilian populations, 15 and for other public health emergencies, $857,290,000, of 16 which $415,000,000 shall remain available through Sep17 tember 30, 2015, for expenses necessary to support ad18 vanced research and development pursuant to section 19 319L of the PHS Act, and other administrative expenses 20 of the Biomedical Advanced Research and Development 21 Authority, and of which up to $5,000,000 shall remain 22 available through September 30, 2016, to support the de23 livery of medical countermeasures and shall be in addition 24 to any other amounts available for such purpose: Provided, 25 That funds provided under this heading for the purpose

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932 1 of acquisition of security countermeasures shall be in addi2 tion to any other funds available for such purpose: Pro3 vided further, That products purchased with funds pro4 vided under this heading may, at the discretion of the Sec5 retary, be deposited in the Strategic National Stockpile 6 pursuant to section 319F–2 of the PHS Act: Provided fur7 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 ex13 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 activi17 ties including the development and purchase of vaccine, 18 antivirals, necessary medical supplies, diagnostics, and 19 other surveillance tools: Provided further, That notwith20 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 construc24 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 Pub3 lic Health Service agencies and other components of HHS, 4 including relocation and fit-out costs, $16,131,000, to re5 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 re2 port by the Secretary to the Committees on Appropria3 tions of the House of Representatives and the Senate de4 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 appro8 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)

13

SEC. 206. Not to exceed 1 percent of any discre-

14 tionary funds (pursuant to the Balanced Budget and 15 Emergency Deficit Control Act of 1985) which are appro16 priated for the current fiscal year for HHS in this Act 17 may be transferred between appropriations, but no such 18 appropriation shall be increased by more than 3 percent 19 by any such transfer: Provided, That the transfer author20 ity granted by this section shall not be used to create any 21 new program or to fund any project or activity for which 22 no funds are provided in this Act: Provided further, That 23 the Committees on Appropriations of the House of Rep24 resentatives and the Senate are notified at least 15 days 25 in advance of any transfer.

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935 1

(TRANSFER OF FUNDS)

2

SEC. 207. The Director of the NIH, jointly with the

3 Director of the Office of AIDS Research, may transfer up 4 to 3 percent among institutes and centers from the total 5 amounts identified by these two Directors as funding for 6 research pertaining to the human immunodeficiency virus: 7 Provided, That the Committees on Appropriations of the 8 House of Representatives and the Senate are notified at 9 least 15 days in advance of any transfer. 10

(TRANSFER OF FUNDS)

11

SEC. 208. Of the amounts made available in this Act

12 for NIH, the amount for research related to the human 13 immunodeficiency virus, as jointly determined by the Di14 rector of NIH and the Director of the Office of AIDS Re15 search, shall be made available to the ‘‘Office of AIDS 16 Research’’ account. The Director of the Office of AIDS 17 Research shall transfer from such account amounts nec18 essary to carry out section 2353(d)(3) of the PHS Act. 19

SEC. 209. None of the funds appropriated in this Act

20 may be made available to any entity under title X of the 21 PHS Act unless the applicant for the award certifies to 22 the Secretary that it encourages family participation in 23 the decision of minors to seek family planning services and 24 that it provides counseling to minors on how to resist at25 tempts to coerce minors into engaging in sexual activities.

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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 oth10 erwise eligible entity (including a Provider Sponsored Or11 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 capita15 tion payment to such an entity (based on an actuarially 16 sound estimate of the expected costs of providing the serv17 ice to such entity’s enrollees): Provided further, That noth18 ing in this section shall be construed to change the Medi19 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 infor22 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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938 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 appro15 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 pro18 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 em3 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)

11

SEC. 216. Of the amounts made available for NIH,

12 1 percent of the amount made available for National Re13 search Service Awards (‘‘NRSA’’) shall be made available 14 to the Administrator of the Health Resources and Services 15 Administration to make NRSA awards for research in pri16 mary medical care to individuals affiliated with entities 17 who have received grants or contracts under section 747 18 of the PHS Act, and 1 percent of the amount made avail19 able for NRSA shall be made available to the Director of 20 the Agency for Healthcare Research and Quality to make 21 NRSA awards for health service research. 22

SEC. 217. None of the funds made available in this

23 title may be used, in whole or in part, to advocate or pro24 mote gun control.

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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 pur15 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)

4

SEC. 219. (a) Within 45 days of enactment of this

5 Act, the Secretary shall transfer funds appropriated under 6 section 4002 of the Patient Protection and Affordable 7 Care Act of 2010 (‘‘ACA’’) to the accounts specified, in 8 the amounts specified, and for the activities specified 9 under the heading ‘‘Prevention and Public Health Fund’’ 10 in the explanatory statement described in section 4 (in the 11 matter preceding division A of this Consolidated Act) ac12 companying this Act. 13

(b) Notwithstanding section 4002(c) of the ACA, the

14 Secretary may not further transfer these amounts. 15

(c) Funds transferred for activities authorized under

16 section 2821 of the PHS Act shall be made available with17 out reference to section 2821(b) of such Act. 18

SEC. 220. (a) The Biomedical Advanced Research

19 and Development Authority (‘‘BARDA’’) may enter into 20 a contract, for more than one but no more than 10 pro21 gram years, for purchase of research services or of security 22 countermeasures, as that term is defined in section 319F– 23 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 24 if— 25

(1) funds are available and obligated—

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944 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 pur21 poses of implementing, administering, enforcing, or other22 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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945 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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946 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 fore12 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, informa24 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 en2 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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948 1 2713 of the PHS Act will impact eligibility for discre2 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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949 1

TITLE III

2

DEPARTMENT OF EDUCATION

3

EDUCATION

4

FOR THE

DISADVANTAGED

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 Sec17 retary of Education (referred to in this title as ‘‘Sec18 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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950 1 grants under section 1125A of the ESEA: Provided fur2 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 Assist8 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 Sec14 retary

through

the

formula

described

in

section

15 1003(g)(2) and shall be used consistent with the require16 ments of section 1003(g), except that State and local edu17 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 notwith24 standing section 1003(g)(5)(C) of the ESEA, the Sec25 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 re5 form strategy for a school using an evidence-based strat6 egy that ensures whole-school reform is undertaken in 7 partnership with a strategy developer offering a whole8 school reform program that is based on at least a mod9 erate level of evidence that the program will have a statis10 tically significant effect on student outcomes, including 11 more than one well-designed or well-implemented experi12 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 al15 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 edu23 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 im4 plement effectively the school improvement grants pro5 gram: Provided further, That $158,000,000 shall be avail6 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, includ10 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, one14 half of 1 percent shall be reserved for grants to the out15 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 edu24 cational agencies or other nonprofit providers of early 25 childhood education that partner with a public or private

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953 1 nonprofit organization or agency with a demonstrated 2 record of effectiveness in improving the early literacy de3 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 sub9 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 characteris17 tics of effective literacy instruction through professional 18 development, screening and assessment, targeted interven19 tions for students reading below grade level and other re20 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 dis3 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 at22 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 Amend5 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 con13 struction, renovation, and modernization of any elemen14 tary school, secondary school, or structure related to an 15 elementary school or secondary school, run by the Depart16 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 fur21 ther, That $48,445,000 shall be available to carry out sec22 tion 203 of the Educational Technical Assistance Act of 23 2002: Provided further, That $16,699,000 shall be avail24 able to carry out the Supplemental Education Grants pro25 gram for the Federated States of Micronesia and the Re-

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956 1 public of the Marshall Islands: Provided further, That up 2 to 5 percent of the amount referred to in the previous pro3 viso may be reserved by the Federated States of Micro4 nesia and the Republic of the Marshall Islands to admin5 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 reim8 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 re12 served by the Secretary for competitive awards for teacher 13 or principal recruitment and training or professional en14 hancement activities to national not-for-profit organiza15 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

2

AND IMPROVEMENT

For carrying out activities authorized by part G of

3 title I, subpart 5 of part A and parts C and D of title 4 II, parts B, C, and D of title V of the ESEA, and sections 5 14006 and 14007 of division A of the American Recovery 6 and

Reinvestment

Act

of

2009,

as

amended,

7 $1,181,317,000: Provided, That $250,000,000 shall be 8 available through December 31, 2014 for awards to 9 States, in accordance with the applicable requirements of 10 section 14006 of division A of Public Law 111–5, as 11 amended: Provided further, That the Secretary, jointly 12 with the Secretary of HHS, shall use all funds made avail13 able under the immediately preceding proviso to make 14 competitive awards in accordance with such section 14006 15 to States for improving early childhood care and edu16 cation, except that, notwithstanding sections 14006(a) 17 and 14005(d)(6) of such division, such awards may be lim18 ited to activities that build the capacity within the State 19 to develop, enhance, or expand high-quality preschool pro20 grams, including comprehensive services and family en21 gagement, for preschool-aged children from families at or 22 below 200 percent of the Federal poverty line: Provided 23 further, That each State may subgrant a portion of such 24 grant funds to local educational agencies and other early 25 learning providers (including but not limited to Head

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958 1 Start programs and licensed child care providers), or con2 sortia thereof, for the implementation of high-quality pre3 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: Pro10 vided further, That, notwithstanding the second proviso, 11 up to 3 percent of such funds for improving early child12 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 pro18 posed competition and priorities to the Committees on Ap19 propriations of the House of Representatives and the Sen20 ate: Provided further, That the Secretary shall administer 21 State grants for improving early childhood care and edu22 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 Sec5 retary may renew a grant made under section 14007 for 6 additional 1-year periods, for fiscal year 2014 and there7 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 ef12 fective educational practices and the latest research re13 garding the planning, design, financing, construction, im14 provement, operation, and maintenance of safe, healthy, 15 high-performance public facilities for early learning pro16 grams, kindergarten through grade 12, and higher edu17 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, in20 cluding charter schools that are local educational agencies, 21 or States, or partnerships of: (1) a local educational agen22 cy, a State, or both; and (2) at least one nonprofit organi23 zation to develop and implement performance-based com24 pensation systems for teachers, principals, and other per25 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 class3 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 edu10 cational agencies to be served by the grant: Provided fur11 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 en15 hance the quality and success of the compensation system, 16 such as high-quality teacher evaluations and tools to meas17 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: Pro21 vided further, That up to 5 percent of such funds for com22 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 Sec6 retary shall reserve not less than $45,000,000 to make 7 multiple awards to non-profit charter management organi8 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 develop23 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 ac2 countable charter schools: Provided further, That each ap3 plication submitted pursuant to section 5203(a) shall con4 tain assurances that State law, regulations, or other poli5 cies require that: (1) each authorized charter school in the 6 State operate under a legally binding charter or perform7 ance contract between itself and the school’s authorized 8 public chartering agency that describes the rights and re9 sponsibilities of the school and the public chartering agen10 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 dem13 onstrate improved student academic achievement; and (2) 14 authorized public chartering agencies use increases in stu15 dent academic achievement for all groups of students de16 scribed in section 1111(b)(2)(C)(v) of the ESEA as the 17 most important factor when determining to renew or re18 voke a school’s charter. 19

SAFE SCHOOLS

20

AND

CITIZENSHIP EDUCATION

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 ex25 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 trau5 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 cal18 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: Pro3 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 appro8 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)), sub13 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 avail20 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 pov23 erty: Provided further, That the Secretary may not dis24 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 dis2 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 allo6 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 require15 ments of sections 616 and 618 and to administer and 16 carry out other services and activities to improve data col17 lection, coordination, quality, and use under parts B and 18 C of the IDEA: Provided further, That funds made avail19 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 edu23 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 4

AND

DISABILITY RESEARCH

For carrying out, to the extent not otherwise pro-

5 vided, the Rehabilitation Act of 1973, the Assistive Tech6 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 avail11 able subsequent to the reallotment of funds to States pur12 suant to section 110(b) of the Rehabilitation Act for inno13 vative activities aimed at improving the outcomes of indi14 viduals with disabilities as defined in section 7(20)(B) of 15 the Rehabilitation Act, including activities aimed at im16 proving the education and post-school outcomes of chil17 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-suffi20 ciency: Provided further, That from the remaining avail21 able amounts that are not used to carry out activities 22 aimed at improving the education and post-school out23 comes of children receiving SSI and their families author24 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 sec2 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: Pro5 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 al10 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 alter16 native financing program will expand and emphasize con17 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 dis20 abilities shall be eligible to compete. 21

SPECIAL INSTITUTIONS

FOR

PERSONS WITH

22

DISABILITIES

23

AMERICAN PRINTING HOUSE FOR THE BLIND

24

For carrying out the Act of March 3, 1879,

25 $24,456,000.

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968 1

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

2

For the National Technical Institute for the Deaf

3 under titles I and II of the Education of the Deaf Act 4 of 1986, $66,291,000: Provided, That from the total 5 amount available, the Institute may at its discretion use 6 funds for the endowment program as authorized under 7 section 207 of such Act. 8

GALLAUDET UNIVERSITY

9

For the Kendall Demonstration Elementary School,

10 the Model Secondary School for the Deaf, and the partial 11 support of Gallaudet University under titles I and II of 12 the Education of the Deaf Act of 1986, $119,000,000: 13 Provided, That from the total amount available, the Uni14 versity may at its discretion use funds for the endowment 15 program as authorized under section 207 of such Act. 16

CAREER, TECHNICAL,

17

For carrying out, to the extent not otherwise pro-

AND

ADULT EDUCATION

18 vided, the Carl D. Perkins Career and Technical Edu19 cation Act of 2006 and the Adult Education and Family 20 Literacy Act (‘‘AEFLA’’), $1,702,686,000, of which 21 $911,686,000 shall become available on July 1, 2014, and 22 shall remain available through September 30, 2015, and 23 of which $791,000,000 shall become available on October 24 1, 2014, and shall remain available through September 30, 25 2015: Provided, That of the amount provided for Adult

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969 1 Education State Grants, $70,811,000 shall be made avail2 able for integrated English literacy and civics education 3 services to immigrants and other limited-English-pro4 ficient populations: Provided further, That of the amount 5 reserved for integrated English literacy and civics edu6 cation, notwithstanding section 211 of the AEFLA, 65 7 percent shall be allocated to States based on a State’s ab8 solute need as determined by calculating each State’s 9 share of a 10-year average of the United States Citizen10 ship and Immigration Services data for immigrants admit11 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 Immigra15 tion Services data for immigrants admitted for legal per16 manent residence are available, except that no State shall 17 be allocated an amount less than $60,000: Provided fur18 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: Pro15 vided, That $575,000 shall be for data collection and eval16 uation activities for programs under the HEA, including 17 such activities needed to comply with the Government Per18 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 partici24 pating in advanced foreign language training and inter25 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 gov3 ernment, the professions, or international development: 4 Provided further, That of the funds referred to in the pre5 ceding proviso up to 1 percent may be used for program 6 evaluation, national outreach, and information dissemina7 tion activities: Provided further, That, of the amount avail8 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 continu10 ation awards for projects originally supported under sub11 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

22

AND

ACADEMIC FACILITIES LOANS

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

2

AND

UNIVERSITY

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: Pro6 vided, That such costs, including the cost of modifying 7 such loans, shall be as defined in section 502 of the Con8 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 limi14 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 Fi17 nancing Program entered into pursuant to part D of title 18 III of the HEA, $334,000. 19

INSTITUTE

20

OF

EDUCATION SCIENCES

For carrying out activities authorized by the Edu-

21 cation Sciences Reform Act of 2002, the National Assess22 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 Edu25 cation Act, $576,935,000, which shall remain available

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973 1 through September 30, 2015: Provided, That funds avail2 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, postsec5 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 Edu8 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

14

For carrying out, to the extent not otherwise pro-

15 vided, the Department of Education Organization Act, in16 cluding rental of conference rooms in the District of Co17 lumbia and hire of three passenger motor vehicles, 18 $422,917,000, of which up to $1,000,000, to remain avail19 able until expended, shall be for relocation of, and renova20 tion of buildings occupied by, Department staff. 21

OFFICE FOR CIVIL RIGHTS

22

For expenses necessary for the Office for Civil

23 Rights, as authorized by section 203 of the Department 24 of Education Organization Act, $98,356,000.

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974 1

OFFICE OF INSPECTOR GENERAL

2

For expenses necessary for the Office of Inspector

3 General, as authorized by section 212 of the Department 4 of Education Organization Act, $57,791,000. 5

GENERAL PROVISIONS

6

SEC. 301. No funds appropriated in this Act may be

7 used for the transportation of students or teachers (or for 8 the purchase of equipment for such transportation) in 9 order to overcome racial imbalance in any school or school 10 system, or for the transportation of students or teachers 11 (or for the purchase of equipment for such transportation) 12 in order to carry out a plan of racial desegregation of any 13 school or school system. 14

SEC. 302. None of the funds contained in this Act

15 shall be used to require, directly or indirectly, the trans16 portation of any student to a school other than the school 17 which is nearest the student’s home, except for a student 18 requiring special education, to the school offering such 19 special education, in order to comply with title VI of the 20 Civil Rights Act of 1964. For the purpose of this section 21 an indirect requirement of transportation of students in22 cludes the transportation of students to carry out a plan 23 involving the reorganization of the grade structure of 24 schools, the pairing of schools, or the clustering of schools, 25 or any combination of grade restructuring, pairing, or

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975 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 vol5 untary prayer and meditation in the public schools. 6

(TRANSFER OF FUNDS)

7

SEC. 304. Not to exceed 1 percent of any discre-

8 tionary funds (pursuant to the Balanced Budget and 9 Emergency Deficit Control Act of 1985) which are appro10 priated for the Department of Education in this Act may 11 be transferred between appropriations, but no such appro12 priation shall be increased by more than 3 percent by any 13 such transfer: Provided, That the transfer authority 14 granted by this section shall not be used to create any 15 new program or to fund any project or activity for which 16 no funds are provided in this Act: Provided further, That 17 the Committees on Appropriations of the House of Rep18 resentatives and the Senate are notified at least 15 days 19 in advance of any transfer. 20

SEC. 305. The Outlying Areas may consolidate funds

21 received under this Act, pursuant to 48 U.S.C. 1469a, 22 under part A of title V of the ESEA. 23

SEC. 306. Section 105(f)(1)(B)(ix) of the Compact

24 of Free Association Amendments Act of 2003 (48 U.S.C.

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976 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. Of6 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 Voca10 tional and Adult Education’’ and inserting ‘‘Office of Ca11 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 re17 spect to the source of funds for those activities: Provided, 18 That any funds reserved under this section shall be avail19 able from July 1, 2014 through September 30, 2015: Pro20 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 Ap25 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 sub12 section (h)(1), as in effect on the date of enactment of 13 this Act, except that the foundation payment shall be cal14 culated based on the most recent payment received by the 15 local educational agency based on its former common sta16 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

4

FOR

PURCHASE FROM PEOPLE WHO ARE

BLIND

5

OR

SEVERELY DISABLED

SALARIES AND EXPENSES

6

For expenses necessary for the Committee for Pur-

7 chase From People Who Are Blind or Severely Disabled 8 established by Public Law 92–28, $5,257,000. 9 CORPORATION 10

FOR

NATIONAL

AND

COMMUNITY SERVICE

OPERATING EXPENSES

11

For necessary expenses for the Corporation for Na-

12 tional and Community Service (referred to in this title as 13 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 14 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 15 National and Community Service Act of 1990 (referred 16 to in this title as ‘‘1990 Act’’), $756,849,000, notwith17 standing

sections

198B(b)(3),

198S(g),

501(a)(6),

18 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Pro19 vided, That of the amounts provided under this heading: 20 (1) up to 1 percent of program grant funds may be used 21 to defray the costs of conducting grant application re22 views, including the use of outside peer reviewers and elec23 tronic management of the grants cycle; (2) $70,000,000 24 shall be available for expenses authorized under section 25 501(a)(4)(E) of the 1990 Act; (3) $15,038,000 shall be

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982 1 available to provide assistance to State commissions on na2 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 Inno12 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 obli15 gated for such projects shall remain available for disburse16 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

21

(INCLUDING TRANSFER OF FUNDS)

22

For payment to the National Service Trust estab-

23 lished under subtitle D of title I of the 1990 Act, 24 $207,368,000, to remain available until expended: Pro25 vided, That CNCS may transfer additional funds from the

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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 Represent7 atives and the Senate: Provided further, That amounts ap8 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

13

For necessary expenses of administration as provided

14 under section 501(a)(5) of the 1990 Act and under section 15 504(a) of the 1973 Act, including payment of salaries, au16 thorized travel, hire of passenger motor vehicles, the rental 17 of conference rooms in the District of Columbia, the em18 ployment of experts and consultants authorized under 5 19 U.S.C. 3109, and not to exceed $2,500 for official recep20 tion and representation expenses, $80,737,000. 21

OFFICE OF INSPECTOR GENERAL

22

For necessary expenses of the Office of Inspector

23 General in carrying out the Inspector General Act of 1978, 24 $5,000,000.

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984 1

ADMINISTRATIVE PROVISIONS

2

SEC. 401. CNCS shall make any significant changes

3 to program requirements, service delivery or policy only 4 through public notice and comment rulemaking. For fiscal 5 year 2014, during any grant selection process, an officer 6 or employee of CNCS shall not knowingly disclose any cov7 ered grant selection information regarding such selection, 8 directly or indirectly, to any person other than an officer 9 or employee of CNCS that is authorized by CNCS to re10 ceive such information. 11

SEC. 402. AmeriCorps programs receiving grants

12 under the National Service Trust program shall meet an 13 overall minimum share requirement of 24 percent for the 14 first 3 years that they receive AmeriCorps funding, and 15 thereafter shall meet the overall minimum share require16 ment as provided in section 2521.60 of title 45, Code of 17 Federal Regulations, without regard to the operating costs 18 match requirement in section 121(e) or the member sup19 port Federal share limitations in section 140 of the 1990 20 Act, and subject to partial waiver consistent with section 21 2521.70 of title 45, Code of Federal Regulations. 22

SEC. 403. Donations made to CNCS under section

23 196 of the 1990 Act for the purposes of financing pro24 grams and operations under titles I and II of the 1973 25 Act or subtitle B, C, D, or E of title I of the 1990 Act

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985 1 shall be used to supplement and not supplant current pro2 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

23

FOR

PUBLIC BROADCASTING

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 re4 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 ac8 tivity from which any person is excluded, or is denied ben9 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 em15 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

19

AND

CONCILIATION SERVICE

SALARIES AND EXPENSES

20

For expenses necessary for the Federal Mediation

21 and Conciliation Service (‘‘Service’’) to carry out the func22 tions vested in it by the Labor-Management Relations Act, 23 1947, including hire of passenger motor vehicles; for ex24 penses necessary for the Labor-Management Cooperation 25 Act of 1978; and for expenses necessary for the Service

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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 re3 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 tech8 nical assistance, including those provided to foreign gov9 ernments and international organizations, and for arbitra10 tion services shall be credited to and merged with this ac11 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 Direc15 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

22

For expenses necessary for the Federal Mine Safety

23 and Health Review Commission, $16,423,000.

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988 1

INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

2

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3

AND ADMINISTRATION

4

For carrying out the Museum and Library Services

5 Act of 1996 and the National Museum of African Amer6 ican History and Culture Act, $226,860,000. 7

MEDICAID

AND

CHIP PAYMENT

AND

8

COMMISSION

9

SALARIES AND EXPENSES

10

ACCESS

For expenses necessary to carry out section 1900 of

11 the Social Security Act, $7,500,000. 12

MEDICARE PAYMENT ADVISORY COMMISSION

13

SALARIES AND EXPENSES

14

For expenses necessary to carry out section 1805 of

15 the Social Security Act, $11,519,000, to be transferred to 16 this appropriation from the Federal Hospital Insurance 17 Trust Fund and the Federal Supplementary Medical In18 surance Trust Fund. 19

NATIONAL COUNCIL

20

ON

DISABILITY

SALARIES AND EXPENSES

21

For expenses necessary for the National Council on

22 Disability as authorized by title IV of the Rehabilitation 23 Act of 1973, $3,186,000.

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989 1

NATIONAL LABOR RELATIONS BOARD

2

SALARIES AND EXPENSES

3

For expenses necessary for the National Labor Rela-

4 tions Board to carry out the functions vested in it by the 5 Labor-Management Relations Act, 1947, and other laws, 6 $274,224,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 10 units composed of agricultural laborers as referred to in 11 section 2(3) of the Act of July 5, 1935, and as amended 12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 14 including in said definition employees engaged in the 15 maintenance and operation of ditches, canals, reservoirs, 16 and waterways when maintained or operated on a mutual, 17 nonprofit basis and at least 95 percent of the water stored 18 or supplied thereby is used for farming purposes. 19

ADMINISTRATIVE PROVISION

20

SEC. 406. None of the funds provided by this Act

21 or previous Acts making appropriations for the National 22 Labor Relations Board may be used to issue any new ad23 ministrative directive or regulation that would provide em24 ployees any means of voting through any electronic means

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990 1 in an election to determine a representative for the pur2 poses of collective bargaining. 3

NATIONAL MEDIATION BOARD

4

SALARIES AND EXPENSES

5

For expenses necessary to carry out the provisions

6 of the Railway Labor Act, including emergency boards ap7 pointed by the President, $13,116,000. 8

OCCUPATIONAL SAFETY

9

AND

HEALTH REVIEW

COMMISSION

10

SALARIES AND EXPENSES

11

For expenses necessary for the Occupational Safety

12 and Health Review Commission, $11,411,000. 13

RAILROAD RETIREMENT BOARD

14

DUAL BENEFITS PAYMENTS ACCOUNT

15

For payment to the Dual Benefits Payments Ac-

16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $39,000,000, which shall include 18 amounts becoming available in fiscal year 2014 pursuant 19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 21 provided herein, shall be available proportional to the 22 amount by which the product of recipients and the average 23 benefit received exceeds the amount available for payment 24 of vested dual benefits: Provided, That the total amount 25 provided herein shall be credited in 12 approximately

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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

5

For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad 7 Retirement Act for interest earned on unnegotiated 8 checks, $150,000, to remain available through September 9 30, 2015, which shall be the maximum amount available 10 for payment pursuant to section 417 of Public Law 98– 11 76. 12

LIMITATION ON ADMINISTRATION

13

For necessary expenses for the Railroad Retirement

14 Board (‘‘Board’’) for administration of the Railroad Re15 tirement Act and the Railroad Unemployment Insurance 16 Act, $110,300,000, to be derived in such amounts as de17 termined by the Board from the railroad retirement ac18 counts and from moneys credited to the railroad unem19 ployment insurance administration fund: Provided, That 20 notwithstanding section 7(b)(9) of the Railroad Retire21 ment Act this limitation may be used to hire attorneys 22 only through the excepted service: Provided further, That 23 the previous proviso shall not change the status under 24 Federal employment laws of any attorney hired by the 25 Railroad Retirement Board prior to January 1, 2013.

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992 1

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2

For expenses necessary for the Office of Inspector

3 General for audit, investigatory and review activities, as 4 authorized by the Inspector General Act of 1978, not more 5 than $8,272,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count. 8

SOCIAL SECURITY ADMINISTRATION

9

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10

For payment to the Federal Old-Age and Survivors

11 Insurance Trust Fund and the Federal Disability Insur12 ance Trust Fund, as provided under sections 201(m), 13 228(g), and 1131(b)(2) of the Social Security Act, 14 $16,400,000. 15

SUPPLEMENTAL SECURITY INCOME PROGRAM

16

For carrying out titles XI and XVI of the Social Se-

17 curity Act, section 401 of Public Law 92–603, section 212 18 of Public Law 93–66, as amended, and section 405 of 19 Public Law 95–216, including payment to the Social Secu20 rity trust funds for administrative expenses incurred pur21 suant to section 201(g)(1) of the Social Security Act, 22 $41,249,064,000, to remain available until expended: Pro23 vided, That any portion of the funds provided to a State 24 in the current fiscal year and not obligated by the State 25 during that year shall be returned to the Treasury: Pro-

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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 re4 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 So7 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 ex12 pended. 13

LIMITATION ON ADMINISTRATIVE EXPENSES

14

For necessary expenses, including the hire of two pas-

15 senger motor vehicles, and not to exceed $20,000 for offi16 cial reception and representation expenses, not more than 17 $10,328,040,000 may be expended, as authorized by sec18 tion 201(g)(1) of the Social Security Act, from any one 19 or all of the trust funds referred to in such section: Pro20 vided, That not less than $2,300,000 shall be for the So21 cial Security Advisory Board: Provided further, That unob22 ligated balances of funds provided under this paragraph 23 at the end of fiscal year 2014 not needed for fiscal year 24 2014 shall remain available until expended to invest in the 25 Social Security Administration information technology

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994 1 and telecommunications hardware and software infra2 structure, including related equipment and non-payroll ad3 ministrative expenses associated solely with this informa4 tion technology and telecommunications infrastructure: 5 Provided further, That the Commissioner of Social Secu6 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 Adminis12 tration pursuant to 5 U.S.C. 7131, and for facilities or 13 support services for labor organizations pursuant to poli14 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 au24 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 Com7 missioner shall provide to the Congress (at the conclusion 8 of the fiscal year) a report on the obligation and expendi9 ture of these funds, similar to the reports that were re10 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 pay14 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 ex24 pended.

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996 1

OFFICE OF INSPECTOR GENERAL

2

(INCLUDING TRANSFER OF FUNDS)

3

For expenses necessary for the Office of Inspector

4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $28,829,000, together with not to 6 exceed $73,249,000, to be transferred and expended as 7 authorized by section 201(g)(1) of the Social Security Act 8 from the Federal Old-Age and Survivors Insurance Trust 9 Fund and the Federal Disability Insurance Trust Fund. 10

In addition, an amount not to exceed 3 percent of

11 the total provided in this appropriation may be transferred 12 from the ‘‘Limitation on Administrative Expenses’’, Social 13 Security Administration, to be merged with this account, 14 to be available for the time and purposes for which this 15 account is available: Provided, That notice of such trans16 fers shall be transmitted promptly to the Committees on 17 Appropriations of the House of Representatives and the 18 Senate at least 15 days in advance of any transfer.

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997 1

TITLE V

2

GENERAL PROVISIONS

3

(TRANSFER OF FUNDS)

4

SEC. 501. The Secretaries of Labor, Health and

5 Human Services, and Education are authorized to transfer 6 unexpended balances of prior appropriations to accounts 7 corresponding to current appropriations provided in this 8 Act. Such transferred balances shall be used for the same 9 purpose, and for the same periods of time, for which they 10 were originally appropriated. 11

SEC. 502. No part of any appropriation contained in

12 this Act shall remain available for obligation beyond the 13 current fiscal year unless expressly so provided herein. 14

SEC. 503. (a) No part of any appropriation contained

15 in this Act or transferred pursuant to section 4002 of 16 Public Law 111–148 shall be used, other than for normal 17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending regu-

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998 1 lation, administrative action, or order issued by the execu2 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, ad11 ministrative action, or Executive order proposed or pend12 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 rela15 tionships or participation by an agency or officer of a 16 State, local or tribal government in policymaking and ad17 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 restric23 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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999 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 sala4 ries and expenses under titles I and III, respectively, for 5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 7 authorized to make available for official reception and rep8 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 Na11 tional Mediation Board is authorized to make available for 12 official reception and representation expenses not to ex13 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 docu17 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 re21 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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1000 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 ben13 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 arrange17 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

25

caused by or arising from the pregnancy itself, that

a

life-endangering

physical

condition

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1001 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 pro10 vider from offering abortion coverage or the ability of a 11 State or locality to contract separately with such a pro12 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 cov21 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 pro24 fessional, a hospital, a provider-sponsored organization, a 25 health maintenance organization, a health insurance plan,

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1002 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 estab23 lished under section 202 of the Controlled Substances Act 24 except for normal and recognized executive-congressional 25 communications.

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1003 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 stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 10 health identifier for an individual (except in an individ11 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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1004 1

SEC. 512. None of the funds made available in this

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 4 pursuant to a transfer made by, or transfer authority pro5 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 para9 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 obli16 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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1005 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 oc10 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 agen14 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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1006 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 oc9 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 ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 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 pro24 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 explan2 atory statement described in section 4 (in the matter pre3 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 agree10 ments exceeding $500,000 in value and awarded by the 11 Department on a non-competitive basis during each quar12 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 jus16 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 pro24 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 com9 promise that has been approved by the Internal Revenue 10 Service and is not in default, or the assessment is the sub11 ject of a non-frivolous administrative or judicial pro12 ceeding. 13

SEC. 519. None of the funds appropriated in this Act

14 shall be expended or obligated by the Commissioner of So15 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 per20 formance of such work under such number has formed the 21 basis for a conviction of the claimant of a violation of sec22 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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1009 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 estab4 lishing totalization arrangements between the social secu5 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)

9

SEC. 521. Of the funds made available for perform-

10 ance bonus payments under section 2105(a)(3)(E) of the 11 Social Security Act, $6,317,000,000 are hereby rescinded. 12

SEC. 522. Notwithstanding any other provision of

13 this Act, no funds appropriated in this Act shall be used 14 to carry out any program of distributing sterile needles 15 or syringes for the hypodermic injection of any illegal 16 drug. 17

(RESCISSION)

18

SEC. 523. Of the funds made available for fiscal year

19 2014 under section 3403 of Public Law 111–148, 20 $10,000,000 are rescinded. 21

SEC. 524. Not later than 30 days after the end of

22 each calendar quarter, beginning with the first quarter of 23 fiscal year 2013, the Departments of Labor, Health and 24 Human Services and Education and the Social Security 25 Administration shall provide the Committees on Appro-

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1010 1 priations of the House of Representatives and Senate a 2 quarterly report on the status of balances of appropria3 tions: Provided, That for balances that are unobligated 4 and uncommitted, committed, and obligated but unex5 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)

10

SEC. 525. (a) IN GENERAL.—The Health Education

11 Assistance Loan (‘‘HEAL’’) program under title VII, part 12 A, subpart I of the PHS Act, and the authority to admin13 ister such program, including servicing, collecting, and en14 forcing any loans that were made under such program 15 that remain outstanding, shall be permanently transferred 16 from the Secretary of Health and Human Services to the 17 Secretary of Education no later than the end of the first 18 fiscal quarter that begins after the date of enactment of 19 this act. 20 21

(b) TRANSFER ITIES.—The

OF

FUNCTIONS, ASSETS,

AND

LIABIL-

functions, assets, and liabilities of the Sec-

22 retary of Health and Human Services relating to such pro23 gram shall be transferred to the Secretary of Education. 24

(c)

INTERDEPARTMENTAL

COORDINATION

OF

25 TRANSFER.—The Secretary of Health and Human Serv-

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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 Sec10 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 para17 graph: 18

‘‘(6) The term ‘Secretary’ means the Secretary

19

of Education.’’.

20

(INCLUDING TRANSFER OF FUNDS)

21

SEC. 526. (a) DEFINITIONS.—In this section,

22

(1)

‘‘Performance

Partnership

Pilot’’

(or

23

‘‘Pilot’’) is a project that seeks to identify, through

24

a demonstration, cost-effective strategies for pro-

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1012 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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1013 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 Perform23 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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1014 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

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;

account

identifier,

and

the

total

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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1016 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 non12 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 ap17 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 admin21 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 obliga2 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 appro13 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 de10 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 crimi8 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; Minor10 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 Com13 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

17

AND

18

FOR THE

MAJORITY

MINORITY LEADERS

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

22

AND

EMPLOYEES

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

2

For the Office of the Vice President, $2,393,248.

3

OFFICE OF THE PRESIDENT PRO TEMPORE

4

For the Office of the President Pro Tempore,

5 $715,466. 6

OFFICES OF THE MAJORITY AND MINORITY LEADERS

7

For Offices of the Majority and Minority Leaders,

8 $5,201,576. 9

OFFICES OF THE MAJORITY AND MINORITY WHIPS

10

For Offices of the Majority and Minority Whips,

11 $3,321,424. 12

COMMITTEE ON APPROPRIATIONS

13

For salaries of the Committee on Appropriations,

14 $14,942,000. 15

CONFERENCE COMMITTEES

16

For the Conference of the Majority and the Con-

17 ference of the Minority, at rates of compensation to be 18 fixed by the Chairman of each such committee, 19 $1,639,000 for each such committee; in all, $3,278,000. 20

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

21

THE MAJORITY AND THE CONFERENCE OF THE MINORITY

22

For Offices of the Secretaries of the Conference of

23 the Majority and the Conference of the Minority, 24 $805,402.

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1024 1

POLICY COMMITTEES

2

For salaries of the Majority Policy Committee and

3 the Minority Policy Committee, $1,673,905 for each such 4 committee; in all, $3,347,810. 5

OFFICE OF THE CHAPLAIN

6

For Office of the Chaplain, $410,886.

7

OFFICE OF THE SECRETARY

8 9

For Office of the Secretary, $24,524,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

10

For Office of the Sergeant at Arms and Doorkeeper,

11 $68,000,000. 12

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

13

MINORITY

14

For Offices of the Secretary for the Majority and the

15 Secretary for the Minority, $1,740,000. 16

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

17

For agency contributions for employee benefits, as

18 authorized by law, and related expenses, $47,271,000. 19 OFFICE 20

OF THE

LEGISLATIVE COUNSEL

OF THE

SENATE

For salaries and expenses of the Office of the Legisla-

21 tive Counsel of the Senate, $5,192,000. 22

OFFICE

23

OF

SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate

24 Legal Counsel, $1,109,000.

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1025 1 EXPENSE ALLOWANCES

OF THE

2

SENATE, SERGEANT

AT

3

THE

4

ITY AND

5

For expense allowances of the Secretary of the Sen-

SENATE,

AND

MINORITY

ARMS

SECRETARY AND

SECRETARIES OF THE

OF THE

DOORKEEPER FOR THE

OF

MAJOR-

SENATE

6 ate, $7,110; Sergeant at Arms and Doorkeeper of the Sen7 ate, $7,110; Secretary for the Majority of the Senate, 8 $7,110; Secretary for the Minority of the Senate, $7,110; 9 in all, $28,440. 10

CONTINGENT EXPENSES

11

OF THE

SENATE

INQUIRIES AND INVESTIGATIONS

12

For expenses of inquiries and investigations ordered

13 by the Senate, or conducted under paragraph 1 of rule 14 XXVI of the Standing Rules of the Senate, section 112 15 of the Supplemental Appropriations and Rescission Act, 16 1980 (Public Law 96–304), and Senate Resolution 281, 17 96th Congress, agreed to March 11, 1980, $132,000,000, 18 of which $26,650,000 shall remain available until Sep19 tember 30, 2016, and of which $720,000 shall remain 20 available until September 30, 2015 to enhance inquiries 21 and investigations of intelligence matters. 22

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

23

INTERNATIONAL NARCOTICS CONTROL

24

For expenses of the United States Senate Caucus on

25 International Narcotics Control, $493,822.

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1026 1

SECRETARY OF THE SENATE

2

For expenses of the Office of the Secretary of the

3 Senate, $6,250,000 of which $4,350,000 shall remain 4 available until September 30, 2017. 5

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

6

For expenses of the Office of the Sergeant at Arms

7 and Doorkeeper of the Senate, $128,210,000, which shall 8 remain available until September 30, 2018. 9

MISCELLANEOUS ITEMS

10

For miscellaneous items, $19,400,000, which shall

11 remain available until September 30, 2016. 12

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

13

ACCOUNT

14

For Senators’ Official Personnel and Office Expense

15 Account, $390,000,000 of which $19,109,214 shall remain 16 available until September 30, 2016. 17

OFFICIAL MAIL COSTS

18

For expenses necessary for official mail costs of the

19 Senate, $281,000. 20

ADMINISTRATIVE PROVISION

21

WORKERS COMPENSATION PAYMENTS

22

SEC. 1. (a) IN GENERAL.—Available balances of ex-

23 pired appropriations which are subject to disbursement by 24 the Secretary of the Senate shall be available to the Sec25 retary of the Senate to make the deposit to the credit of

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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

8

TO

WIDOWS

MEMBERS

9

AND OF

HEIRS

OF

DECEASED

CONGRESS

For payment to Beverly A. Young, widow of C.W.

10 Bill Young, late a Representative from the State of Flor11 ida, $174,000. 12

SALARIES

13

AND

EXPENSES

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

10

OF

MEMBERS,

AND

OFFICIAL MAIL

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

15

For salaries and expenses of standing committees,

AND

SELECT

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 up21 grading. 22

COMMITTEE

23

ON

APPROPRIATIONS

For salaries and expenses of the Committee on Ap-

24 propriations, $23,271,004, including studies and examina25 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 De6 cember 31, 2014. 7

SALARIES, OFFICERS

8

AND

EMPLOYEES

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, includ11 ing the positions of the Chaplain and the Historian, in12 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 rep15 resentation and reception expenses, $24,009,473; for sala16 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 sala9 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

14

AND

EXPENSES

For allowances and expenses as authorized by House

15 resolution or law, $284,310,336, including: supplies, mate16 rials, administrative costs and Federal tort claims, 17 $3,502,789; official mail for committees, leadership of18 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, mainte4 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

9 MEMBERS’ REPRESENTATIONAL ALLOWANCES TO BE 10 USED

FOR

DEFICIT REDUCTION

OR

TO REDUCE

THE

11 FEDERAL DEBT.—Notwithstanding any other provision of 12 law, any amounts appropriated under this Act for 13 ‘‘HOUSE OF REPRESENTATIVES—Salaries and Ex14 penses—Members’ Representational Allowances’’ shall be 15 available only for fiscal year 2014. Any amount remaining 16 after all payments are made under such allowances for fis17 cal year 2014 shall be deposited in the Treasury and used 18 for deficit reduction (or, if there is no Federal budget def19 icit after all such payments have been made, for reducing 20 the Federal debt, in such manner as the Secretary of the 21 Treasury considers appropriate). 22

(b) REGULATIONS.—The Committee on House Ad-

23 ministration of the House of Representatives shall have 24 authority to prescribe regulations to carry out this section.

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1032 1

(c) DEFINITION.—As used in this section, the term

2 ‘‘Member of the House of Representatives’’ means a Rep3 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 Adminis22 trative Officer of the House of Representatives), and ‘Of23 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

11

ON

TAXATION

For salaries and expenses of the Joint Committee on

12 Taxation, $10,004,000, to be disbursed by the Chief Ad13 ministrative Officer of the House of Representatives. 14

For other joint items, as follows:

15

OFFICE

16

OF THE

ATTENDING PHYSICIAN

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

16

CONGRESSIONAL ACCESSIBILITY SERVICES SALARIES AND EXPENSES

17

For salaries and expenses of the Office of Congres-

18 sional Accessibility Services, $1,387,000, to be disbursed 19 by the Secretary of the Senate. 20

CAPITOL POLICE

21

SALARIES

22

For salaries of employees of the Capitol Police, in-

23 cluding overtime, hazardous duty pay, and Government 24 contributions for health, retirement, social security, pro25 fessional liability insurance, and other applicable employee

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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

6

For necessary expenses of the Capitol Police, includ-

7 ing motor vehicles, communications and other equipment, 8 security equipment and installation, uniforms, weapons, 9 supplies, materials, training, medical services, forensic 10 services, stenographic services, personal and professional 11 services, the employee assistance program, the awards pro12 gram, postage, communication services, travel advances, 13 relocation of instructor and liaison personnel for the Fed14 eral Law Enforcement Training Center, and not more 15 than $5,000 to be expended on the certification of the 16 Chief of the Capitol Police in connection with official rep17 resentation and reception expenses, $59,459,000, to be 18 disbursed by the Chief of the Capitol Police or his des19 ignee: Provided, That, notwithstanding any other provi20 sion of law, the cost of basic training for the Capitol Police 21 at the Federal Law Enforcement Training Center for fis22 cal year 2014 shall be paid by the Secretary of Homeland 23 Security from funds available to the Department of Home24 land Security.

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1036 1

ADMINISTRATIVE PROVISIONS

2

(INCLUDING TRANSFER OF FUNDS)

3

AUTHORITY TO TRANSFER AMOUNTS BETWEEN SALARIES

4

AND GENERAL EXPENSES

5

SEC. 1001. During fiscal year 2014 and any suc-

6 ceeding fiscal year, the Capitol Police may transfer 7 amounts appropriated for the fiscal year between the cat8 egory for salaries and the category for general expenses, 9 upon the approval of the Committees on Appropriations 10 of the House of Representatives and Senate. 11

FUNDS AVAILABLE FOR WORKERS COMPENSATION

12

PAYMENTS

13

SEC. 1002. (a) IN GENERAL.—Available balances of

14 expired United States Capitol Police appropriations shall 15 be available to the Capitol Police to make the deposit to 16 the credit of the Employees’ Compensation Fund required 17 by section 8147(b) of title 5, United States Code. 18

(b) CONFORMING AMENDMENT.—Section 1018 of the

19 Legislative Branch Appropriations Act, 2003 (2 U.S.C. 20 1907) is amended by striking subsection (f). 21

(c) EFFECTIVE DATE.—This section shall apply with

22 respect to appropriations for fiscal year 2014 and each 23 fiscal year thereafter.

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1037 1

OFFICE OF COMPLIANCE

2

SALARIES

3

AND

EXPENSES

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 ex8 pended on the certification of the Executive Director of 9 the Office of Compliance in connection with official rep10 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 appro15 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

21

SEC. 1102. (a) REPORTS REQUIRED.—Not later than

22 60 days after the last day of each semiannual period of 23 a fiscal year, the Executive Director of the Office of Com24 pliance shall submit to the Committee on House Adminis25 tration of the House of Representatives, the Committee

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1038 1 on Rules and Administration of the Senate, and the Com2 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

8

GENERAL.—The

report required by sub-

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

9

TION.—The

FOR CONFIDENTIAL INFORMA-

Executive Director of the Office of

10

Compliance may exclude from any report required by

11

subsection (a) any information the disclosure of

12

which would violate confidentiality policies of the Of-

13

fice of Compliance.

14

(c) EFFECTIVE DATE.—This section shall apply with

15 respect to the semiannual periods of October 1 through 16 March 31 and April 1 through September 30 of each fiscal 17 year, beginning with fiscal year 2014. 18

CONGRESSIONAL BUDGET OFFICE

19

SALARIES

20

AND

EXPENSES

For salaries and expenses necessary for operation of

21 the Congressional Budget Office, including not more than 22 $6,000 to be expended on the certification of the Director 23 of the Congressional Budget Office in connection with offi24 cial representation and reception expenses, $45,700,000.

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1040 1

ADMINISTRATIVE PROVISION

2

ACCEPTANCE OF VOLUNTARY STUDENT SERVICES

3

SEC. 1201. (a) Section 3111(e) of title 5, United

4 States Code, is amended— 5

(1) by striking ‘‘(e)’’ and inserting ‘‘(e)(1)’’;

6

and

7

(2) by adding at the end the following new

8

paragraph:

9

‘‘(2) In this section, the term ‘agency’ includes the

10 Congressional Budget Office, except that in the case of 11 the Congressional Budget Office— 12

‘‘(A) any student who provides voluntary service

13

in accordance with this section shall be considered

14

an employee of the Congressional Budget Office for

15

purposes of section 203 of the Congressional Budget

16

Act of 1974 (relating to the level of confidentiality

17

of budget data); and

18

‘‘(B) the authority granted to the Office of Per-

19

sonnel Management under this section shall be exer-

20

cised by the Director of the Congressional Budget

21

Office.’’.

22

(b) The amendment made by subsection (a) shall

23 apply with respect to fiscal year 2014 and each succeeding 24 fiscal year.

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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, Sen10 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 ap15 prove; for purchase or exchange, maintenance, and oper16 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 super11 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 Sep18 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, heat25 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 ga4 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 Su8 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 avail15 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

20

AND

GROUNDS

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, 2

AND

SECURITY

For all necessary expenses for the maintenance, care

3 and operation of buildings, grounds and security enhance4 ments of the United States Capitol Police, wherever lo5 cated, the Alternate Computer Facility, and AOC security 6 operations, $19,348,000, of which $1,814,000 shall re7 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 ex12 change, maintenance, repair, and operation of a passenger 13 motor vehicle; all under the direction of the Joint Com14 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 sec20 tion 307E of the Legislative Branch Appropriations Act, 21 1989 (2 U.S.C. 2146), upon vouchers approved by the Ar22 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

3

SEC. 1301. (a) REPORTS REQUIRED.—Not later than

4 60 days after the last day of each semiannual period, the 5 Architect of the Capitol shall submit to Congress, with re6 spect to that period, a detailed, itemized report of the dis7 bursements for the operations of the Office of the Archi8 tect of the Capitol. 9

(b) CONTENTS.—The report required by subsection

10 (a) shall include— 11

(1) the name of each person who receives a pay-

12

ment from the Office of the Architect of the Capitol;

13

(2) the quantity and price of any item furnished

14

to the Office of the Architect of the Capitol;

15

(3) a description of any service rendered to the

16

Office of the Architect of the Capitol, together with

17

a statement of the time required for the service, and

18

the name, title, and amount paid to each person who

19

renders the service;

20

(4) a statement of all amounts appropriated to,

21

or received or expended by, the Office of the Archi-

22

tect of the Capitol and any unexpended balances of

23

such amounts;

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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

17

SEC. 1302. (a) USE

OF

BUILDING.—In exercising its

18 authority under the item ‘‘Architect of the Capitol, Capitol 19 Buildings and Grounds, House Office Buildings’’ in the 20 Legislative Branch Appropriations Act, 1985 (Public Law 21 98–367; 2 U.S.C. 2001 note), to use the building referred 22 to in such item for the purposes of providing office and 23 accommodations for the House of Representatives, the 24 House Office Building Commission is authorized to enter 25 into such agreements regarding the use of the building by

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1047 1 the House or by other persons as the Commission con2 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

6

SEC. 1303. Section 1101(c) of Legislative Branch

7 Appropriations Act, 2009 (division G of Public Law 111– 8 8, 123 Stat. 823, 2 U.S.C. 1811 note) is amended by 9 striking ‘‘each of the fiscal years 2009 through 2013’’ and 10 inserting ‘‘fiscal year 2009 and each fiscal year there11 after’’. 12

LIBRARY OF CONGRESS

13

SALARIES

14

AND

EXPENSES

For necessary expenses of the Library of Congress

15 not otherwise provided for, including development and 16 maintenance of the Library’s catalogs; custody and custo17 dial care of the Library buildings; special clothing; clean18 ing, laundering and repair of uniforms; preservation of 19 motion pictures in the custody of the Library; operation 20 and maintenance of the American Folklife Center in the 21 Library; activities under the Civil Rights History Project 22 Act of 2009; preparation and distribution of catalog 23 records and other publications of the Library; hire or pur24 chase of one passenger motor vehicle; and expenses of the 25 Library of Congress Trust Fund Board not properly

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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 appropria4 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: Pro11 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 ex19 pended, on the certification of the Librarian of Congress, 20 in connection with official representation and reception ex21 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

3

For all necessary expenses of the Copyright Office,

4 $51,624,000, of which not more than $27,971,000, to re5 main available until expended, shall be derived from collec6 tions credited to this appropriation during fiscal year 2014 7 under section 708(d) of title 17, United States Code: Pro8 vided, That the Copyright Office may not obligate or ex9 pend any funds derived from collections under such sec10 tion, in excess of the amount authorized for obligation or 11 expenditure in appropriations Acts: Provided further, That 12 not more than $5,473,000 shall be derived from collections 13 during fiscal year 2014 under sections 111(d)(2), 14 119(b)(2), 803(e), 1005, and 1316 of such title: Provided 15 further, That the total amount available for obligation 16 shall be reduced by the amount by which collections are 17 less than $33,444,000: Provided further, That not more 18 than $100,000 of the amount appropriated is available for 19 the maintenance of an ‘‘International Copyright Institute’’ 20 in the Copyright Office of the Library of Congress for the 21 purpose of training nationals of developing countries in 22 intellectual property laws and policies: Provided further, 23 That not more than $6,500 may be expended, on the cer24 tification of the Librarian of Congress, in connection with 25 official representation and reception expenses for activities

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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

14

For necessary expenses to carry out the provisions

15 of section 203 of the Legislative Reorganization Act of 16 1946 (2 U.S.C. 166) and to revise and extend the Anno17 tated Constitution of the United States of America, 18 $105,350,000: Provided, That no part of such amount 19 may be used to pay any salary or expense in connection 20 with any publication, or preparation of material therefor 21 (except the Digest of Public General Bills), to be issued 22 by the Library of Congress unless such publication has 23 obtained prior approval of either the Committee on House 24 Administration of the House of Representatives or the 25 Committee on Rules and Administration of the Senate.

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1051 1 BOOKS

FOR THE

2

BLIND

AND

PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

3

For salaries and expenses to carry out the Act of

4 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 5 135a), $49,750,000: Provided, That of the total amount 6 appropriated, $650,000 shall be available to contract to 7 provide newspapers to blind and physically handicapped 8 residents at no cost to the individual. 9 10

ADMINISTRATIVE PROVISIONS REIMBURSABLE AND REVOLVING FUND ACTIVITIES

11

SEC. 1401. (a) IN GENERAL.—For fiscal year 2014,

12 the obligational authority of the Library of Congress for 13 the activities described in subsection (b) may not exceed 14 $185,579,000. 15

(b) ACTIVITIES.—The activities referred to in sub-

16 section (a) are reimbursable and revolving fund activities 17 that are funded from sources other than appropriations 18 to the Library in appropriations Acts for the legislative 19 branch. 20

AUTHORITY TO TRANSFER AMOUNTS BETWEEN

21

CATEGORIES OF APPROPRIATIONS

22

SEC. 1402. (a) IN GENERAL.—During fiscal year

23 2014 and any succeeding fiscal year, the Librarian of Con24 gress may transfer amounts appropriated for the fiscal 25 year between the categories of appropriations provided

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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

11

AND

BINDING

(INCLUDING TRANSFER OF FUNDS)

12

For authorized printing and binding for the Congress

13 and the distribution of Congressional information in any 14 format; expenses necessary for preparing the semimonthly 15 and session index to the Congressional Record, as author16 ized by law (section 902 of title 44, United States Code); 17 printing and binding of Government publications author18 ized by law to be distributed to Members of Congress; and 19 printing, binding, and distribution of Government publica20 tions authorized by law to be distributed without charge 21 to the recipient, $79,736,000: Provided, That this appro22 priation shall not be available for paper copies of the per23 manent edition of the Congressional Record for individual 24 Representatives, Resident Commissioners or Delegates au25 thorized under section 906 of title 44, United States Code:

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1053 1 Provided further, That this appropriation shall be available 2 for the payment of obligations incurred under the appro3 priations for similar purposes for preceding fiscal years: 4 Provided further, That notwithstanding the 2-year limita5 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 pe11 riod beginning on the date that such document, report, 12 or publication is authorized by Congress to be printed, un13 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 Print18 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 Con24 gressional Record on only a monthly and session basis.

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1054 1

OFFICE

OF

SUPERINTENDENT

OF

DOCUMENTS

2

SALARIES AND EXPENSES

3

(INCLUDING TRANSFER OF FUNDS)

4

For expenses of the Office of Superintendent of Doc-

5 uments necessary to provide for the cataloging and index6 ing of Government publications and their distribution to 7 the public, Members of Congress, other Government agen8 cies, and designated depository and international exchange 9 libraries as authorized by law, $31,500,000: Provided, 10 That amounts of not more than $2,000,000 from current 11 year appropriations are authorized for producing and dis12 seminating Congressional serial sets and other related 13 publications for fiscal years 2012 and 2013 to depository 14 and other designated libraries: Provided further, That any 15 unobligated or unexpended balances in this account or ac16 counts for similar purposes for preceding fiscal years may 17 be transferred to the Government Printing Office revolv18 ing fund for carrying out the purposes of this heading, 19 subject to the approval of the Committees on Appropria20 tions of the House of Representatives and Senate. 21

GOVERNMENT PRINTING OFFICE REVOLVING FUND

22

For payment to the Government Printing Office Re-

23 volving Fund, $8,064,000, to remain available until ex24 pended, for information technology development and facili25 ties repair: Provided, That the Government Printing Of-

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1055 1 fice is hereby authorized to make such expenditures, with2 in the limits of funds available and in accordance with law, 3 and to make such contracts and commitments without re4 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 certifi10 cation of the Public Printer in connection with official rep11 resentation and reception expenses: Provided further, That 12 the revolving fund shall be available for the hire or pur13 chase of not more than 12 passenger motor vehicles: Pro14 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 intermit19 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 Super2 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

7

AND

EXPENSES

For necessary expenses of the Government Account-

8 ability Office, including not more than $12,500 to be ex9 pended on the certification of the Comptroller General of 10 the United States in connection with official representa11 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 pay19 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 Gen22 eral of the United States, rental of living quarters in for23 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 adminis3 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, in8 cluding necessary travel expenses of non-Federal partici9 pants: Provided further, That payments hereunder to the 10 Forum may be credited as reimbursements to any appro11 priation from which costs involved are initially financed. 12

ADMINISTRATIVE PROVISION

13

USE OF ELECTRONIC FILING FOR PROCUREMENT

14

PROTEST SYSTEM

15

SEC. 1501. Section 3555(c) of title 31, United States

16 Code, is amended to read as follows: 17 18

‘‘(c) ELECTRONIC FILING NATION

19

AND

DOCUMENT DISSEMI-

SYSTEM.— ‘‘(1) ESTABLISHMENT

AND OPERATION OF SYS-

20

TEM.—The

21

operate an electronic filing and document dissemina-

22

tion system under which, in accordance with proce-

23

dures prescribed by the Comptroller General—

Comptroller General shall establish and

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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

9

‘‘(A) IN

OF FEES.—

GENERAL.—The

Comptroller Gen-

10

eral may require each person who files a protest

11

under this subchapter to pay a fee to support

12

the establishment and operation of the elec-

13

tronic system under this subsection, without re-

14

gard to whether or not the person uses the sys-

15

tem with respect to the protest.

16

‘‘(B) AMOUNT.—The Comptroller General

17

shall establish (and from time to time shall up-

18

date) a schedule setting forth the amount of the

19

fee to be paid under subparagraph (A).

20

‘‘(3) TREATMENT

21

OF AMOUNTS COLLECTED.—

‘‘(A) ESTABLISHMENT

OF ACCOUNT.—The

22

Comptroller General shall maintain a separate

23

account among the accounts of the Government

24

Accountability Office for the electronic system

25

under this subsection, and shall deposit all

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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 Serv21 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

4

SEC. 201. No part of the funds appropriated in this

5 Act shall be used for the maintenance or care of private 6 vehicles, except for emergency assistance and cleaning as 7 may be provided under regulations relating to parking fa8 cilities for the House of Representatives issued by the 9 Committee on House Administration and for the Senate 10 issued by the Committee on Rules and Administration. 11

FISCAL YEAR LIMITATION

12

SEC. 202. No part of the funds appropriated in this

13 Act shall remain available for obligation beyond fiscal year 14 2014 unless expressly so provided in this Act. 15

RATES OF COMPENSATION AND DESIGNATION

16

SEC. 203. Whenever in this Act any office or position

17 not specifically established by the Legislative Pay Act of 18 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 19 of compensation or designation of any office or position 20 appropriated for is different from that specifically estab21 lished by such Act, the rate of compensation and the des22 ignation in this Act shall be the permanent law with re23 spect thereto: Provided, That the provisions in this Act 24 for the various items of official expenses of Members, offi25 cers, and committees of the Senate and House of Rep-

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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

5

SEC. 204. The expenditure of any appropriation

6 under this Act for any consulting service through procure7 ment contract, under section 3109 of title 5, United States 8 Code, shall be limited to those contracts where such ex9 penditures are a matter of public record and available for 10 public inspection, except where otherwise provided under 11 existing law, or under existing Executive order issued 12 under existing law. 13

COSTS OF LBFMC

14

SEC. 205. Amounts available for administrative ex-

15 penses of any legislative branch entity which participates 16 in the Legislative Branch Financial Managers Council 17 (LBFMC) established by charter on March 26, 1996, shall 18 be available to finance an appropriate share of LBFMC 19 costs as determined by the LBFMC, except that the total 20 LBFMC costs to be shared among all participating legisla21 tive branch entities (in such allocations among the entities 22 as the entities may determine) may not exceed $2,000. 23

LANDSCAPE MAINTENANCE

24

SEC. 206. The Architect of the Capitol, in consulta-

25 tion with the District of Columbia, is authorized to main-

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1062 1 tain and improve the landscape features, excluding streets, 2 in the irregular shaped grassy areas bounded by Wash3 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

7

SEC. 207. None of the funds made available in this

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except 10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriation Act. 12

GUIDED TOURS OF THE CAPITOL

13

SEC. 208. (a) Except as provided in subsection (b),

14 none of the funds made available to the Architect of the 15 Capitol in this Act may be used to eliminate or restrict 16 guided tours of the United States Capitol which are led 17 by employees and interns of offices of Members of Con18 gress and other offices of the House of Representatives 19 and Senate. 20

(b) At the direction of the Capitol Police Board, or

21 at the direction of the Architect of the Capitol with the 22 approval of the Capitol Police Board, guided tours of the 23 United States Capitol which are led by employees and in24 terns described in subsection (a) may be suspended tempo25 rarily or otherwise subject to restriction for security or re-

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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

5

SEC. 209. None of the funds made available in this

6 Act may be used to deliver a printed copy of a bill, joint 7 resolution, or resolution to the office of a Member of the 8 House of Representatives (including a Delegate or Resi9 dent Commissioner to the Congress) unless the Member 10 requests a copy. 11

DELIVERY OF CONGRESSIONAL RECORD

12

SEC. 210. None of the funds made available by this

13 Act may be used to deliver a printed copy of any version 14 of the Congressional Record to the office of a Member of 15 the House of Representatives (including a Delegate or 16 Resident Commissioner to the Congress). 17

LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

18

SEC. 211. None of the funds made available in this

19 Act may be used by the Chief Administrative Officer of 20 the House of Representatives to make any payments from 21 any Members’ Representational Allowance for the leasing 22 of a vehicle, excluding mobile district offices, in an aggre23 gate amount that exceeds $1,000 for the vehicle in any 24 month.

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1064 1

LIMITATION ON PRINTED COPIES OF U.S. CODE TO

2

HOUSE

3

SEC. 212. None of the funds made available by this

4 Act may be used to provide an aggregate number of more 5 than 50 printed copies of any edition of the United States 6 Code to all offices of the House of Representatives. 7

AUTHORIZING COMMERCIAL ACTIVITY ON UNION SQUARE

8

SEC. 213. (a) TREATMENT

AS

PART

OF

CAPITOL

9 GROUNDS.— 10

(1) IN

GENERAL.—For

purposes of chapter 51

11

of title 40, United States Code, the United States

12

Capitol Grounds shall include Union Square.

13

(2) UNION

SQUARE DEFINED.—In

this section,

14

the term ‘‘Union Square’’ means the area for which

15

jurisdiction and control was transferred to the Ar-

16

chitect of the Capitol under section 1202 of the Leg-

17

islative Branch Appropriations Act, 2012 (Public

18

Law 112–74).

19

(b) CONTINUATION

20

VIOUSLY

21

OF

TYPES

OF

ACTIVITY PRE-

AUTHORIZED.— (1) IN

GENERAL.—Notwithstanding

any limita-

22

tions on the use of the United States Capitol

23

Grounds (including section 5104(c) of title 40,

24

United States Code), the Chief of the United States

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1065 1

Capitol

2

‘‘Chief’’)—

Police

(hereafter

referred

to

as

the

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

2

AND

VETERANS

3

LATED

4

ACT, 2014

CONSTRUCTION

AFFAIRS,

AGENCIES

AND

APPROPRIATIONS

5

TITLE I

6

DEPARTMENT OF DEFENSE

7

MILITARY CONSTRUCTION, ARMY

8

RE-

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 nec13 essary for the purposes of this appropriation, and for con14 struction and operation of facilities in support of the func15 tions of the Commander in Chief, $1,104,875,000, to re16 main available until September 30, 2018: Provided, That 17 of this amount, not to exceed $64,575,000 shall be avail18 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 addi21 tional obligations are necessary for such purposes and no22 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

2

AND

MARINE CORPS

For acquisition, construction, installation, and equip-

3 ment of temporary or permanent public works, naval in4 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 deter13 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 serv25 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 Appro3 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 con6 struction in the United Kingdom as identified in the table 7 entitled ‘‘Military Construction’’ in the explanatory state8 ment described in section 4 (in the matter preceding divi9 sion A of this consolidated Act) may be obligated or ex10 pended until the Department of Defense completes a Eu11 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 head19 ing for military construction in Saipan or for Pacific Air20 power Resiliency projects in Guam, Joint Region Mari21 anas, as identified in the table entitled ‘‘Military Construc22 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 comprehen3 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 Pa6 cific Airpower Resiliency projects in Guam funded in this 7 section. 8

MILITARY CONSTRUCTION, DEFENSE-WIDE

9

(INCLUDING TRANSFER OF FUNDS)

10

For acquisition, construction, installation, and equip-

11 ment of temporary or permanent public works, installa12 tions, facilities, and real property for activities and agen13 cies of the Department of Defense (other than the military 14 departments),

as

currently

authorized

by

law,

15 $3,445,423,000, to remain available until September 30, 16 2018: Provided, That such amounts of this appropriation 17 as may be determined by the Secretary of Defense may 18 be transferred to such appropriations of the Department 19 of Defense available for military construction or family 20 housing as the Secretary may designate, to be merged with 21 and to be available for the same purposes, and for the 22 same time period, as the appropriation or fund to which 23 transferred: Provided further, That of the amount appro24 priated, not to exceed $205,185,000 shall be available for 25 study, planning, design, and architect and engineer serv-

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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 Appropria4 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 construc7 tion in Germany or the United Kingdom as identified in 8 the table entitled ‘‘Military Construction’’ in the explana9 tory statement described in section 4 (in the matter pre10 ceding division A of this consolidated Act) may be obli11 gated or expended until the Department of Defense com12 pletes a European Consolidation Study, and the Secretary 13 of Defense (1) provides to the Committees on Appropria14 tions of both Houses of Congress a comprehensive Euro15 pean basing strategy reflecting the findings of the Consoli16 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 appro20 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 ad4 ministration of the Army National Guard, and contribu5 tions therefor, as authorized by chapter 1803 of title 10, 6 United States Code, and Military Construction Authoriza7 tion Acts, $314,740,000, to remain available until Sep8 tember 30, 2018: Provided, That of the amount appro9 priated, not to exceed $22,930,000 shall be available for 10 study, planning, design, and architect and engineer serv11 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 de15 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 ad19 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, plan25 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 nec3 essary for such purposes and notifies the Committees on 4 Appropriations of both Houses of Congress of the deter5 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 ad9 ministration of the Army Reserve as authorized by chapter 10 1803 of title 10, United States Code, and Military Con11 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 en15 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 Commit18 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 ad23 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 Sep2 tember 30, 2018: Provided, That of the amount appro3 priated, not to exceed $2,540,000 shall be available for 4 study, planning, design, and architect and engineer serv5 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 Appro8 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 ad13 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 en19 gineer services, as authorized by law, unless the Chief of 20 the Air Force Reserve determines that additional obliga21 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 Pro5 gram for the acquisition and construction of military fa6 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 Mili10 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, ex15 pansion, extension, and alteration, as authorized by law, 16 $27,408,000, to remain available until September 30, 17 2018. 18

FAMILY HOUSING OPERATION

19

AND

MAINTENANCE,

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 in23 surance premiums, as authorized by law, $512,871,000.

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1076 1

FAMILY HOUSING CONSTRUCTION, NAVY

2

AND

MARINE

CORPS

3

For expenses of family housing for the Navy and Ma-

4 rine Corps for construction, including acquisition, replace5 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

9

NAVY

10

AND

AND

MAINTENANCE,

MARINE CORPS

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 inter13 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

22

AND

MAINTENANCE, AIR

FORCE

23

For expenses of family housing for the Air Force for

24 operation and maintenance, including debt payment, leas25 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

4

AND

MAINTENANCE,

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

11

OF

DEFENSE FAMILY HOUSING

IMPROVEMENT FUND

12

For the Department of Defense Family Housing Im-

13 provement Fund, $1,780,000, to remain available until ex14 pended, for family housing initiatives undertaken pursu15 ant to section 2883 of title 10, United States Code, pro16 viding alternative means of acquiring and improving mili17 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 ac23 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 author2 ized by law, $122,536,000, to remain available until Sep3 tember 30, 2018, which shall be only for the Assembled 4 Chemical Weapons Alternatives program. 5

DEPARTMENT

6

OF

DEFENSE BASE CLOSURE ACCOUNT

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-a16 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 there20 for. 21

SEC. 102. Funds made available in this title for con-

22 struction shall be available for hire of passenger motor ve23 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 author4 ized therein are certified as important to the national de5 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 Engi14 neering Command, except: (1) where there is a determina15 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 con25 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 an4 other, without prior notification to the Committees on Ap5 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 con8 struction project or activity for which American steel pro9 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 hous13 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 Appro18 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 Atlan23 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 terri5 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 respon12 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 re16 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, in19 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 depart6 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 ex10 pired or lapsed for obligation, expired or lapsed funds may 11 be used to pay the cost of associated supervision, inspec12 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)

2

SEC. 118. In addition to any other transfer authority

3 available to the Department of Defense, proceeds depos4 ited to the Department of Defense Base Closure Account 5 established by section 207(a)(1) of the Defense Authoriza6 tion Amendments and Base Closure and Realignment Act 7 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 8 of such Act, may be transferred to the account established 9 by section 2906(a)(1) of the Defense Base Closure and 10 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 11 merged with, and to be available for the same purposes 12 and the same time period as that account. 13

(INCLUDING TRANSFER OF FUNDS)

14

SEC. 119. Subject to 30 days prior notification, or

15 14 days for a notification provided in an electronic me16 dium pursuant to sections 480 and 2883 of title 10, 17 United States Code, to the Committees on Appropriations 18 of both Houses of Congress, such additional amounts as 19 may be determined by the Secretary of Defense may be 20 transferred to: (1) the Department of Defense Family 21 Housing Improvement Fund from amounts appropriated 22 for construction in ‘‘Family Housing’’ accounts, to be 23 merged with and to be available for the same purposes 24 and for the same period of time as amounts appropriated 25 directly to the Fund; or (2) the Department of Defense

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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’’ ac4 counts, to be merged with and to be available for the same 5 purposes and for the same period of time as amounts ap6 propriated directly to the Fund: Provided, That appropria7 tions made available to the Funds shall be available to 8 cover the costs, as defined in section 502(5) of the Con9 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, mili14 tary unaccompanied housing, and supporting facilities. 15

(INCLUDING TRANSFER OF FUNDS)

16

SEC. 120. In addition to any other transfer authority

17 available to the Department of Defense, amounts may be 18 transferred from the accounts established by sections 19 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 20 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 21 the fund established by section 1013(d) of the Demonstra22 tion Cities and Metropolitan Development Act of 1966 (42 23 U.S.C. 3374) to pay for expenses associated with the 24 Homeowners Assistance Program incurred under 42 25 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be

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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 gen10 eral or flag officer quarters without 30 days prior notifica11 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 remedi17 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 an20 nually to the Committees on Appropriations of both 21 Houses of Congress all operation and maintenance ex22 penditures for each individual general or flag officer quar23 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 appro2 priated and shall be available until expended for the pur3 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 con7 struction which remain available for obligation, may be ob8 ligated or expended to carry out a military construction, 9 land acquisition, or family housing project at or for a mili10 tary installation approved for closure, or at a military in11 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 mili16 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 installa19 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 cancel22 ling such project, or if the project is at an active compo23 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 limi3 tation from any military construction project, land acquisi4 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 na10 tional security or the protection of health, safety, or envi11 ronmental quality: Provided, That the Secretary of De12 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)

16

SEC. 124. During the 5-year period after appropria-

17 tions available in this Act to the Department of Defense 18 for military construction and family housing operation and 19 maintenance and construction have expired for obligation, 20 upon a determination that such appropriations will not be 21 necessary for the liquidation of obligations or for making 22 authorized adjustments to such appropriations for obliga23 tions incurred during the period of availability of such ap24 propriations, unobligated balances of such appropriations 25 may be transferred into the appropriation ‘‘Foreign Cur-

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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 trans4 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 Regu23 lation 5–10 relating to the policy, procedures, and respon24 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 Finan7 cial Management Regulation 7000.14–R, Volume 3, Chap8 ter 7, of February 2009, as in effect on the date of enact9 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 Ceme13 tery. 14

SEC. 128. None of the funds appropriated or other-

15 wise made available by this Act may be used for decom16 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 Envi20 ronmental Impact Statement and Fiscal Year 2010 Feasi21 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 Sec4 retary determines are necessary to complete the Explosive 5 Research and Development Loading Facility, Picatinny 6 Arsenal, New Jersey. 7

(INCLUDING RESCISSION OF FUNDS)

8

SEC. 130. Of the unobligated balances available for

9 ‘‘Military Construction, Army’’, from prior appropriations 10 Acts (other than appropriations designated by law as 11 being for contingency operations directly related to the 12 global war on terrorism or as an emergency requirement), 13 $200,000,000 are hereby rescinded. 14

(INCLUDING RESCISSION OF FUNDS)

15

SEC. 131. Of the unobligated balances available for

16 ‘‘Military Construction, Navy and Marine Corps’’, from 17 prior appropriations Acts (other than appropriations des18 ignated by law as being for contingency operations directly 19 related to the global war on terrorism or as an emergency 20 requirement), $12,000,000 are hereby rescinded. 21

(INCLUDING RESCISSION OF FUNDS)

22

SEC. 132. Of the unobligated balances available for

23 ‘‘Military Construction, Air Force’’, from prior appropria24 tions Acts (other than appropriations designated by law 25 as being for contingency operations directly related to the

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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)

4

SEC. 133. Of the unobligated balances available for

5 ‘‘Military Construction, Defense-Wide’’, from prior appro6 priations Acts (other than appropriations designated by 7 law as being for contingency operations directly related to 8 the global war on terrorism or as an emergency require9 ment), $14,000,000 are hereby rescinded. 10

(INCLUDING RESCISSION OF FUNDS)

11

SEC. 134. Of the unobligated balances available for

12 ‘‘Military Construction, Air National Guard’’, from prior 13 appropriations Acts (other than appropriations designated 14 by law as being for contingency operations directly related 15 to the global war on terrorism or as an emergency require16 ment), $14,200,000 are hereby rescinded. 17

(INCLUDING RESCISSION OF FUNDS)

18

SEC. 135. Of the unobligated balances made available

19 in prior appropriation Acts for the fund established in sec20 tion 1013(d) of the Demonstration Cities and Metropoli21 tan Development Act of 1966 (42 U.S.C. 3374) (other 22 than appropriations designated by law as being for contin23 gency operations directly related to the global war on ter24 rorism or as an emergency requirement), $99,949,000 are 25 hereby rescinded.

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1092 1

TITLE II

2

DEPARTMENT OF VETERANS AFFAIRS

3

VETERANS BENEFITS ADMINISTRATION

4

COMPENSATION AND PENSIONS

5

(INCLUDING TRANSFER OF FUNDS)

6

For the payment of compensation benefits to or on

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 10 pension benefits to or on behalf of veterans as authorized 11 by chapters 15, 51, 53, 55, and 61 of title 38, United 12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 20 53, 55, and 61 of title 38, United States Code, 21 $71,476,104,000, to remain available until expended: Pro22 vided, That not to exceed $17,049,000 of the amount ap23 propriated under this heading shall be reimbursed to 24 ‘‘General Operating Expenses, Veterans Benefits Adminis25 tration’’ and ‘‘Information Technology Systems’’ for nec-

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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 ‘‘Com4 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 Collec7 tions Fund’’ to augment the funding of individual medical 8 facilities for nursing home care provided to pensioners as 9 authorized. 10

READJUSTMENT BENEFITS

11

For the payment of readjustment and rehabilitation

12 benefits to or on behalf of veterans as authorized by chap13 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 14 61 of title 38, United States Code, and for the payment 15 of benefits under the Veterans Retraining Assistance Pro16 gram, $13,135,898,000, to remain available until ex17 pended: Provided, That expenses for rehabilitation pro18 gram services and assistance which the Secretary is au19 thorized to provide under subsection (a) of section 3104 20 of title 38, United States Code, other than under para21 graphs (1), (2), (5), and (11) of that subsection, shall be 22 charged to this account. 23

VETERANS INSURANCE AND INDEMNITIES

24

For military and naval insurance, national service life

25 insurance, servicemen’s indemnities, service-disabled vet-

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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

5

For the cost of direct and guaranteed loans, such

6 sums as may be necessary to carry out the program, as 7 authorized by subchapters I through III of chapter 37 of 8 title 38, United States Code: Provided, That such costs, 9 including the cost of modifying such loans, shall be as de10 fined in section 502 of the Congressional Budget Act of 11 1974: Provided further, That during fiscal year 2014, 12 within the resources available, not to exceed $500,000 in 13 gross obligations for direct loans are authorized for spe14 cially adapted housing loans. 15

In addition, for administrative expenses to carry out

16 the direct and guaranteed loan programs, $158,430,000. 17

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

18

For the cost of direct loans, $5,000, as authorized

19 by chapter 31 of title 38, United States Code: Provided, 20 That such costs, including the cost of modifying such 21 loans, shall be as defined in section 502 of the Congres22 sional Budget Act of 1974: Provided further, That funds 23 made available under this heading are available to sub24 sidize gross obligations for the principal amount of direct 25 loans not to exceed $2,500,000.

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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 Ex4 penses, Veterans Benefits Administration’’. 5

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

6

ACCOUNT

7

For administrative expenses to carry out the direct

8 loan program authorized by subchapter V of chapter 37 9 of title 38, United States Code, $1,109,000. 10

VETERANS HEALTH ADMINISTRATION

11

MEDICAL SERVICES

12

For necessary expenses for furnishing, as authorized

13 by law, inpatient and outpatient care and treatment to 14 beneficiaries of the Department of Veterans Affairs and 15 veterans described in section 1705(a) of title 38, United 16 States Code, including care and treatment in facilities not 17 under the jurisdiction of the Department, and including 18 medical supplies and equipment, bioengineering services, 19 food services, and salaries and expenses of healthcare em20 ployees hired under title 38, United States Code, aid to 21 State homes as authorized by section 1741 of title 38, 22 United States Code, assistance and support services for 23 caregivers as authorized by section 1720G of title 38, 24 United States Code, loan repayments authorized by sec25 tion 604 of the Caregivers and Veterans Omnibus Health

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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 med3 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 be6 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 Af11 fairs shall establish a priority for the provision of medical 12 treatment for veterans who have service-connected disabil13 ities, lower income, or have special needs: Provided further, 14 That notwithstanding any other provision of law, the Sec15 retary of Veterans Affairs shall give priority funding for 16 the provision of basic medical benefits to veterans in en17 rollment priority groups 1 through 6: Provided further, 18 That notwithstanding any other provision of law, the Sec19 retary of Veterans Affairs may authorize the dispensing 20 of prescription drugs from Veterans Health Administra21 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

2

For necessary expenses in the administration of the

3 medical, hospital, nursing home, domiciliary, construction, 4 supply, and research activities, as authorized by law; ad5 ministrative expenses in support of capital policy activi6 ties; and administrative and legal expenses of the Depart7 ment for collecting and recovering amounts owed the De8 partment as authorized under chapter 17 of title 38, 9 United States Code, and the Federal Medical Care Recov10 ery Act (42 U.S.C. 2651 et seq.), $5,879,700,000, plus 11 reimbursements, shall become available on October 1, 12 2014, and shall remain available until September 30, 13 2015. 14

MEDICAL FACILITIES

15

For necessary expenses for the maintenance and op-

16 eration of hospitals, nursing homes, domiciliary facilities, 17 and other necessary facilities of the Veterans Health Ad18 ministration; for administrative expenses in support of 19 planning, design, project management, real property ac20 quisition and disposition, construction, and renovation of 21 any facility under the jurisdiction or for the use of the 22 Department; for oversight, engineering, and architectural 23 activities not charged to project costs; for repairing, alter24 ing, improving, or providing facilities in the several hos25 pitals and homes under the jurisdiction of the Depart-

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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 mate3 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

11

For necessary expenses in carrying out programs of

12 medical and prosthetic research and development as au13 thorized by chapter 73 of title 38, United States Code, 14 $585,664,000, plus reimbursements, shall remain avail15 able until September 30, 2015. 16

NATIONAL CEMETERY ADMINISTRATION

17

For necessary expenses of the National Cemetery Ad-

18 ministration for operations and maintenance, not other19 wise provided for, including uniforms or allowances there20 for; cemeterial expenses as authorized by law; purchase 21 of one passenger motor vehicle for use in cemeterial oper22 ations; hire of passenger motor vehicles; and repair, alter23 ation or improvement of facilities under the jurisdiction 24 of the National Cemetery Administration, $250,000,000,

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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

5

(INCLUDING TRANSFER OF FUNDS)

6

For necessary operating expenses of the Department

7 of Veterans Affairs, not otherwise provided for, including 8 administrative expenses in support of Department-Wide 9 capital planning, management and policy activities, uni10 forms, or allowances therefor; not to exceed $25,000 for 11 official reception and representation expenses; hire of pas12 senger motor vehicles; and reimbursement of the General 13 Services Administration for security guard services, 14 $415,885,000, of which not to exceed $20,151,000 shall 15 remain available until September 30, 2015: Provided, 16 That the Board of Veterans Appeals shall be funded at 17 not less than $88,294,000: Provided further, That funds 18 provided under this heading may be transferred to ‘‘Gen19 eral Operating Expenses, Veterans Benefits Administra20 tion’’. 21

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

22

ADMINISTRATION

23

For necessary operating expenses of the Veterans

24 Benefits Administration, not otherwise provided for, in25 cluding hire of passenger motor vehicles, reimbursement

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1100 1 of the General Services Administration for security guard 2 services, and reimbursement of the Department of De3 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 nec8 essary to enable entitled veterans: (1) to the maximum ex9 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 ac12 count: Provided further, That of the funds made available 13 under this heading, not to exceed $123,000,000 shall re14 main available until September 30, 2015. 15

INFORMATION TECHNOLOGY SYSTEMS

16

(INCLUDING TRANSFER OF FUNDS)

17

For necessary expenses for information technology

18 systems and telecommunications support, including devel19 opmental information systems and operational information 20 systems; for pay and associated costs; and for the capital 21 asset acquisition of information technology systems, in22 cluding management and related contractual costs of said 23 acquisitions, including contractual costs associated with 24 operations authorized by section 3109 of title 5, United 25 States Code, $3,703,344,000, plus reimbursements: Pro-

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1101 1 vided, That $1,026,400,000 shall be for pay and associ2 ated costs, of which not to exceed $30,792,000 shall re3 main available until September 30, 2015: Provided further, 4 That $2,181,653,000 shall be for operations and mainte5 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 fur10 ther, That amounts made available for information tech11 nology systems development, modernization, and enhance12 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 Com15 mittees on Appropriations of both Houses of Congress a 16 certification of the amounts, in parts or in full, to be obli17 gated and expended for each development project: Pro18 vided further, That amounts made available for salaries 19 and expenses, operations and maintenance, and informa20 tion technology systems development, modernization, and 21 enhancement may be transferred among the three sub22 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’’ ac2 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 in5 creased or decreased by more than $1,000,000 of cost 6 prior to submitting a request to the Committees on Appro7 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 Of11 fice through the Department of Veterans Affairs to de12 velop a standard data reference terminology model: Pro13 vided further, That of the funds provided for information 14 technology systems development, modernization, and en15 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 Appro18 priations of both Houses of Congress, and such Commit19 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 capa23 bility; (3) describes how VistA Evolution will adhere to 24 data standardization as defined by the Interagency Pro25 gram Office and how testing will be conducted in order

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1103 1 to ensure interoperability between current and future De2 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 en10 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

15

For necessary expenses of the Office of Inspector

16 General, to include information technology, in carrying out 17 the provisions of the Inspector General Act of 1978 (5 18 U.S.C. App.), $121,411,000, of which $10,000,000 shall 19 remain available until September 30, 2015: Provided, 20 That the Office of Inspector General, in coordination with 21 the Department of Defense’s Office of Inspector General, 22 shall examine the process and procedures currently in 23 place in the transmission of service treatment and per24 sonnel records from the Department of Defense to the De25 partment of Veterans Affairs.

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1104 1

CONSTRUCTION, MAJOR PROJECTS

2

For constructing, altering, extending, and improving

3 any of the facilities, including parking projects, under the 4 jurisdiction or for the use of the Department of Veterans 5 Affairs, or for any of the purposes set forth in sections 6 316, 2404, 2406, and chapter 81 of title 38, United States 7 Code, not otherwise provided for, including planning, ar8 chitectural and engineering services, construction manage9 ment services, maintenance or guarantee period services 10 costs associated with equipment guarantees provided 11 under the project, services of claims analysts, offsite utility 12 and storm drainage system construction costs, and site ac13 quisition, where the estimated cost of a project is more 14 than the amount set forth in section 8104(a)(3)(A) of title 15 38, United States Code, or where funds for a project were 16 made available in a previous major project appropriation, 17 $342,130,000, of which $322,130,000 shall remain avail18 able until September 30, 2018, and of which $20,000,000 19 shall remain available until expended: Provided, That ex20 cept for advance planning activities, including needs as21 sessments which may or may not lead to capital invest22 ments, and other capital asset management related activi23 ties, including portfolio development and management ac24 tivities, and investment strategy studies funded through 25 the advance planning fund and the planning and design

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1105 1 activities funded through the design fund, including needs 2 assessments which may or may not lead to capital invest3 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 budg10 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 con13 struction documents contract by September 30, 2014; and 14 (2) by the awarding of a construction contract by Sep15 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 limita20 tions established above. 21

CONSTRUCTION, MINOR PROJECTS

22

For constructing, altering, extending, and improving

23 any of the facilities, including parking projects, under the 24 jurisdiction or for the use of the Department of Veterans 25 Affairs, including planning and assessments of needs

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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 pro4 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

3

For grants to assist States to acquire or construct

4 State nursing home and domiciliary facilities and to re5 model, modify, or alter existing hospital, nursing home, 6 and domiciliary facilities in State homes, for furnishing 7 care to veterans as authorized by sections 8131 through 8 8137 of title 38, United States Code, $85,000,000, to re9 main available until expended. 10

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

11

For grants to assist States and tribal organizations

12 in establishing, expanding, or improving veterans ceme13 teries as authorized by section 2408 of title 38, United 14 States Code, $46,000,000, to remain available until ex15 pended. 16

ADMINISTRATIVE PROVISIONS

17

(INCLUDING TRANSFER OF FUNDS)

18

SEC. 201. Any appropriation for fiscal year 2014 for

19 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 20 and ‘‘Veterans Insurance and Indemnities’’ may be trans21 ferred as necessary to any other of the mentioned appro22 priations: Provided, That before a transfer may take place, 23 the Secretary of Veterans Affairs shall request from the 24 Committees on Appropriations of both Houses of Congress 25 the authority to make the transfer and such Committees

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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)

4

SEC. 202. Amounts made available for the Depart-

5 ment of Veterans Affairs for fiscal year 2014, in this Act 6 or any other Act, under the ‘‘Medical Services’’, ‘‘Medical 7 Support and Compliance’’, and ‘‘Medical Facilities’’ ac8 counts may be transferred among the accounts: Provided, 9 That any transfers between the ‘‘Medical Services’’ and 10 ‘‘Medical Support and Compliance’’ accounts of 1 percent 11 or less of the total amount appropriated to the account 12 in this or any other Act may take place subject to notifica13 tion from the Secretary of Veterans Affairs to the Com14 mittees on Appropriations of both Houses of Congress of 15 the amount and purpose of the transfer: Provided further, 16 That any transfers between the ‘‘Medical Services’’ and 17 ‘‘Medical Support and Compliance’’ accounts in excess of 18 1 percent, or exceeding the cumulative 1 percent for the 19 fiscal year, may take place only after the Secretary re20 quests from the Committees on Appropriations of both 21 Houses of Congress the authority to make the transfer 22 and an approval is issued: Provided further, That any 23 transfers to or from the ‘‘Medical Facilities’’ account may 24 take place only after the Secretary requests from the Com-

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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 au5 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 author8 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 ex18 amination under the laws providing such benefits to vet19 erans, and persons receiving such treatment under sec20 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 reim23 bursement of the cost of such hospitalization or examina24 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 avail4 able for payment of prior year accrued obligations re5 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)

16

SEC. 208. Notwithstanding any other provision of

17 law, during fiscal year 2014, the Secretary of Veterans 18 Affairs shall, from the National Service Life Insurance 19 Fund under section 1920 of title 38, United States Code, 20 the Veterans’ Special Life Insurance Fund under section 21 1923 of title 38, United States Code, and the United 22 States Government Life Insurance Fund under section 23 1955 of title 38, United States Code, reimburse the ‘‘Gen24 eral Operating Expenses, Veterans Benefits Administra25 tion’’ and ‘‘Information Technology Systems’’ accounts for

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1111 1 the cost of administration of the insurance programs fi2 nanced through those accounts: Provided, That reimburse3 ment shall be made only from the surplus earnings accu4 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 pro16 gram. 17

SEC. 209. Amounts deducted from enhanced-use

18 lease proceeds to reimburse an account for expenses in19 curred by that account during a prior fiscal year for pro20 viding enhanced-use lease services, may be obligated dur21 ing the fiscal year in which the proceeds are received. 22

(INCLUDING TRANSFER OF FUNDS)

23

SEC. 210. Funds available in this title or funds for

24 salaries and other administrative expenses shall also be 25 available to reimburse the Office of Resolution Manage-

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1112 1 ment of the Department of Veterans Affairs and the Of2 fice of Employment Discrimination Complaint Adjudica3 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 Reso6 lution Management and $3,360,000 for the Office of Em7 ployment Discrimination Complaint Adjudication: Pro8 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 Commit17 tees on Appropriations of both Houses of Congress ap18 prove within 30 days following the date on which the re19 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-serv24 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: Pro4 vided, That the Secretary may recover, in the same man5 ner as any other debt due the United States, the reason6 able charges for such care or services from any person who 7 does not make such disclosure as required: Provided fur8 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 re11 ceived. 12

(INCLUDING TRANSFER OF FUNDS)

13

SEC. 213. Notwithstanding any other provision of

14 law, proceeds or revenues derived from enhanced-use leas15 ing activities (including disposal) may be deposited into 16 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 17 Minor Projects’’ accounts and be used for construction 18 (including site acquisition and disposition), alterations, 19 and improvements of any medical facility under the juris20 diction or for the use of the Department of Veterans Af21 fairs. Such sums as realized are in addition to the amount 22 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con23 struction, Minor Projects’’. 24

SEC. 214. Amounts made available under ‘‘Medical

25 Services’’ are available—

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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)

7

SEC. 215. Such sums as may be deposited to the

8 Medical Care Collections Fund pursuant to section 1729A 9 of title 38, United States Code, may be transferred to 10 ‘‘Medical Services’’, to remain available until expended for 11 the purposes of that account. 12

SEC. 216. The Secretary of Veterans Affairs may

13 enter into agreements with Indian tribes and tribal organi14 zations which are party to the Alaska Native Health Com15 pact with the Indian Health Service, and Indian tribes and 16 tribal organizations serving rural Alaska which have en17 tered into contracts with the Indian Health Service under 18 the Indian Self Determination and Educational Assistance 19 Act, to provide healthcare, including behavioral health and 20 dental care. The Secretary shall require participating vet21 erans and facilities to comply with all appropriate rules 22 and regulations, as established by the Secretary. The term 23 ‘‘rural Alaska’’ shall mean those lands sited within the ex24 ternal boundaries of the Alaska Native regions specified 25 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native

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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 Anchor6 age, the Fairbanks North Star Borough, the Kenai Penin7 sula Borough or the Matanuska Susitna Borough. 8

(INCLUDING TRANSFER OF FUNDS)

9

SEC. 217. Such sums as may be deposited to the De-

10 partment of Veterans Affairs Capital Asset Fund pursu11 ant to section 8118 of title 38, United States Code, may 12 be transferred to the ‘‘Construction, Major Projects’’ and 13 ‘‘Construction, Minor Projects’’ accounts, to remain avail14 able until expended for the purposes of these accounts. 15

SEC. 218. None of the funds made available in this

16 title may be used to implement any policy prohibiting the 17 Directors of the Veterans Integrated Services Networks 18 from conducting outreach or marketing to enroll new vet19 erans within their respective Networks. 20

SEC. 219. The Secretary of Veterans Affairs shall

21 submit to the Committees on Appropriations of both 22 Houses of Congress a quarterly report on the financial 23 status of the Veterans Health Administration.

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1116 1

(INCLUDING TRANSFER OF FUNDS)

2

SEC. 220. Amounts made available under the ‘‘Med-

3 ical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Med4 ical Facilities’’, ‘‘General Operating Expenses, Veterans 5 Benefits Administration’’, ‘‘General Administration’’, and 6 ‘‘National Cemetery Administration’’ accounts for fiscal 7 year 2014 may be transferred to or from the ‘‘Information 8 Technology Systems’’ account: Provided, That before a 9 transfer may take place, the Secretary of Veterans Affairs 10 shall request from the Committees on Appropriations of 11 both Houses of Congress the authority to make the trans12 fer and an approval is issued. 13

SEC. 221. None of the funds appropriated or other-

14 wise made available by this Act or any other Act for the 15 Department of Veterans Affairs may be used in a manner 16 that is inconsistent with: (1) section 842 of the Transpor17 tation, Treasury, Housing and Urban Development, the 18 Judiciary, the District of Columbia, and Independent 19 Agencies Appropriations Act, 2006 (Public Law 109–115; 20 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 21 United States Code. 22

SEC. 222. Of the amounts made available to the De-

23 partment of Veterans Affairs for fiscal year 2014, in this 24 Act or any other Act, under the ‘‘Medical Facilities’’ ac25 count for nonrecurring maintenance, not more than 20

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1117 1 percent of the funds made available shall be obligated dur2 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)

7

SEC. 223. Of the amounts appropriated to the De-

8 partment of Veterans Affairs for fiscal year 2014 for 9 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 10 ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and 11 ‘‘Information Technology Systems’’, up to $254,257,000, 12 plus reimbursements, may be transferred to the Joint De13 partment of Defense-Department of Veterans Affairs 14 Medical Facility Demonstration Fund, established by sec15 tion 1704 of the National Defense Authorization Act for 16 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 17 and may be used for operation of the facilities designated 18 as combined Federal medical facilities as described by sec19 tion 706 of the Duncan Hunter National Defense Author20 ization Act for Fiscal Year 2009 (Public Law 110–417; 21 122 Stat. 4500): Provided, That additional funds may be 22 transferred from accounts designated in this section to the 23 Joint Department of Defense-Department of Veterans Af24 fairs Medical Facility Demonstration Fund upon written 25 notification by the Secretary of Veterans Affairs to the

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1118 1 Committees on Appropriations of both Houses of Con2 gress. 3

(INCLUDING TRANSFER OF FUNDS)

4

SEC. 224. Such sums as may be deposited to the

5 Medical Care Collections Fund pursuant to section 1729A 6 of title 38, United States Code, for healthcare provided 7 at facilities designated as combined Federal medical facili8 ties as described by section 706 of the Duncan Hunter 9 National Defense Authorization Act for Fiscal Year 2009 10 (Public Law 110–417; 122 Stat. 4500) shall also be avail11 able: (1) for transfer to the Joint Department of Defense12 Department of Veterans Affairs Medical Facility Dem13 onstration Fund, established by section 1704 of the Na14 tional Defense Authorization Act for Fiscal Year 2010 15 (Public Law 111–84; 123 Stat. 3571); and (2) for oper16 ations of the facilities designated as combined Federal 17 medical facilities as described by section 706 of the Dun18 can Hunter National Defense Authorization Act for Fiscal 19 Year 2009 (Public Law 110–417; 122 Stat. 4500). 20

(INCLUDING TRANSFER OF FUNDS)

21

SEC. 225. Of the amounts available in this title for

22 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 23 and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 24 be transferred to the DOD–VA Health Care Sharing In25 centive Fund, as authorized by section 8111(d) of title 38,

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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)

5

SEC. 226. (a) Of the funds appropriated in division

6 E of Public Law 113–6, the following amounts which be7 came available on October 1, 2013, are hereby rescinded 8 from the following accounts in the amounts specified: 9

(1) ‘‘Department of Veterans Affairs, Medical

10

Services’’, $1,400,000,000.

11

(2) ‘‘Department of Veterans Affairs, Medical

12

Support and Compliance’’, $150,000,000.

13

(3) ‘‘Department of Veterans Affairs, Medical

14

Facilities’’, $250,000,000.

15

(b) In addition to amounts provided elsewhere in this

16 Act, an additional amount is appropriated to the following 17 accounts in the amounts specified to remain available until 18 September 30, 2015: 19

(1) ‘‘Department of Veterans Affairs, Medical

20

Services’’, $1,400,000,000.

21

(2) ‘‘Department of Veterans Affairs, Medical

22

Support and Compliance’’, $100,000,000.

23

(3) ‘‘Department of Veterans Affairs, Medical

24

Facilities’’, $250,000,000.

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1120 1

SEC. 227. The Secretary of the Department of Vet-

2 erans Affairs shall notify the Committees on Appropria3 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 pro8 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 Admin3 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 num6 ber of claims personnel; (5) any corrective action taken 7 within the quarter to address poor performance; (6) train8 ing programs undertaken; and (7) the number and results 9 of Quality Review Team audits: Provided, That each quar10 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 re14 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 ad17 justed by more than $25,000,000 from the allocation 18 shown in the corresponding congressional budget justifica19 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 Serv25 ices’’ and ‘‘Medical Support and Compliance’’, a maximum

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1122 1 of $1,139,000 may be obligated from the ‘‘Medical Serv2 ices’’ account and a maximum of $69,804,000 may be ob3 ligated from the ‘‘Medical Support and Compliance’’ ac4 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 Appro13 priations of both Houses of Congress 15 days prior to or14 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)

18

SEC. 234. Of the unobligated balances available to

19 the Department of Veterans Affairs from prior year dis20 cretionary appropriations (other than appropriations des21 ignated by law as being for an emergency requirement) 22 $182,000,000 are hereby rescinded.

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1123 1

TITLE III

2

RELATED AGENCIES

3

AMERICAN BATTLE MONUMENTS COMMISSION

4

SALARIES AND EXPENSES

5

For necessary expenses, not otherwise provided for,

6 of the American Battle Monuments Commission, including 7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 9 national cemeteries and monuments outside of the United 10 States and its territories and possessions; rent of office 11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 13 vehicles; not to exceed $7,500 for official reception and 14 representation expenses; and insurance of official motor 15 vehicles in foreign countries, when required by law of such 16 countries, $63,200,000, to remain available until ex17 pended. 18

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

19

For necessary expenses, not otherwise provided for,

20 of the American Battle Monuments Commission, such 21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 23 36, United States Code.

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1124 1

UNITED STATES COURT

OF

APPEALS

FOR

2

CLAIMS

3

SALARIES AND EXPENSES

4

VETERANS

For necessary expenses for the operation of the

5 United States Court of Appeals for Veterans Claims as 6 authorized by sections 7251 through 7298 of title 38, 7 United

States

Code,

$35,408,000:

Provided,

That

8 $2,500,000 shall be available for the purpose of providing 9 financial assistance as described, and in accordance with 10 the process and reporting procedures set forth, under this 11 heading in Public Law 102–229. 12

DEPARTMENT

OF

DEFENSE—CIVIL

13

CEMETERIAL EXPENSES, ARMY

14

SALARIES AND EXPENSES

15

For necessary expenses for maintenance, operation,

16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 18 the purchase or lease of passenger motor vehicles for re19 placement on a one-for-one basis only, and not to exceed 20 $1,000 for official reception and representation expenses, 21 $65,800,000, of which not to exceed $7,000,000 shall re22 main available until September 30, 2015. In addition, 23 such sums as may be necessary for parking maintenance, 24 repairs and replacement, to be derived from the ‘‘Lease

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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

5

For expenses necessary for the Armed Forces Retire-

6 ment Home to operate and maintain the Armed Forces 7 Retirement Home—Washington, District of Columbia, 8 and the Armed Forces Retirement Home—Gulfport, Mis9 sissippi, to be paid from funds available in the Armed 10 Forces Retirement Home Trust Fund, $67,800,000, of 11 which $1,000,000 shall remain available until expended 12 for construction and renovation of the physical plants at 13 the Armed Forces Retirement Home—Washington, Dis14 trict of Columbia, and the Armed Forces Retirement 15 Home—Gulfport, Mississippi. 16

ADMINISTRATIVE PROVISION

17

SEC. 301. Funds appropriated in this Act under the

18 heading ‘‘Department of Defense—Civil, Cemeterial Ex19 penses, Army’’, may be provided to Arlington County, Vir20 ginia, for the relocation of the federally owned water main 21 at Arlington National Cemetery, making additional land 22 available for ground burials.

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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, pam18 phlet, booklet, publication, radio, television, or film presen19 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 activi2 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 Af6 fairs, and Related Agencies of the Committee on Appro7 priations of the House of Representatives and the Sub8 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 in13 strumentality of the United States Government except 14 pursuant to a transfer made by, or transfer authority pro15 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 Representa20 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 re24 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 agen2 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 crimi19 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 subsidi23 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, Guanta´namo 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, Guanta´namo 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, Guanta´namo 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, Guanta´namo 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 serv3 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 cor9 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, un12 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 cor20 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 agree24 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 deter3 mination that this further action is not necessary to pro4 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 agen9 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 Appro14 priations Act, 2014’’.

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1132 1 DIVISION

K—DEPARTMENT

OF

STATE,

2

FOREIGN OPERATIONS, AND RELATED

3

PROGRAMS

4

2014

APPROPRIATIONS

ACT,

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

11

(INCLUDING TRANSFER OF FUNDS)

12

For necessary expenses of the Department of State

13 and the Foreign Service not otherwise provided for, 14 $6,605,701,000, of which $710,000,000 may remain avail15 able until September 30, 2015, and of which up to 16 $1,867,251,000 may remain available until expended for 17 Worldwide Security Protection: Provided, That funds 18 made available under this heading shall be allocated in ac19 cordance with paragraphs (1) through (4) as follows: 20

(1) HUMAN

RESOURCES.—For

necessary ex-

21

penses for training, human resources management,

22

and salaries, including employment without regard

23

to civil service and classification laws of persons on

24

a temporary basis (not to exceed $700,000), as au-

25

thorized by section 801 of the United States Infor-

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1133 1

mation and Educational Exchange Act of 1948,

2

$2,360,312,000,

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

of

(2) OVERSEAS

which

not

PROGRAMS.—For

less

than

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

13

necessary expenses for the functional bureaus of the

14

Department of State, including representation to

15

certain international organizations in which the

16

United States participates pursuant to treaties rati-

17

fied pursuant to the advice and consent of the Sen-

18

ate or specific Acts of Congress, general administra-

19

tion, and arms control, nonproliferation and disar-

20

mament activities as authorized, $769,534,000.

21

(4) SECURITY

PROGRAMS.—For

necessary ex-

22

penses for security activities, $1,715,600,000, of

23

which up to $1,611,385,000 is for Worldwide Secu-

24

rity Protection.

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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,

2

REPROGRAMMING, AND OTHER

MATTERS.—

3

(A) Notwithstanding any provision of this

4

Act, funds may be reprogrammed within and

5

between paragraphs (1) through (4) under this

6

heading subject to section 7015 of this Act.

7

(B) Of the amount made available under

8

this heading, not to exceed $10,000,000 may be

9

transferred to, and merged with, funds made

10

available by this Act under the heading ‘‘Emer-

11

gencies in the Diplomatic and Consular Serv-

12

ice’’, to be available only for emergency evacu-

13

ations and rewards, as authorized.

14

(C) Funds appropriated under this heading

15

are available for acquisition by exchange or pur-

16

chase of passenger motor vehicles as authorized

17

by law and, pursuant to 31 U.S.C. 1108(g), for

18

the field examination of programs and activities

19

in the United States funded from any account

20

contained in this title.

21

(D) Of the funds appropriated under this

22

heading, up to $34,000,000, to remain available

23

until expended, may be transferred to, and

24

merged with, funds previously made available

25

under the heading ‘‘Conflict Stabilization Oper-

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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

15

For necessary expenses of the Capital Investment

16 Fund, $76,900,000, to remain available until expended, 17 as authorized: Provided, That section 135(e) of Public 18 Law 103–236 shall not apply to funds available under this 19 heading. 20

OFFICE OF INSPECTOR GENERAL

21

For necessary expenses of the Office of Inspector

22 General, $69,406,000, notwithstanding section 209(a)(1) 23 of the Foreign Service Act of 1980 (Public Law 96–465), 24 as it relates to post inspections: Provided, That of the

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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

4

For expenses of educational and cultural exchange

5 programs, as authorized, $560,000,000, to remain avail6 able until expended: Provided, That fees or other pay7 ments received from or in connection with English teach8 ing, educational advising and counseling programs, and 9 exchange visitor programs as authorized may be credited 10 to this account, to remain available until expended: Pro11 vided further, That not later than 45 days after enactment 12 of this Act, the Secretary of State shall submit a report 13 to the Committees on Appropriations detailing modifica14 tions made to existing educational and cultural exchange 15 programs since calendar year 2011, including for special 16 academic and special professional and cultural exchanges: 17 Provided further, That any further modifications to such 18 programs shall be subject to prior consultation with, and 19 the regular notification procedures of, the Committees on 20 Appropriations. 21

REPRESENTATION EXPENSES

22

For

representation

expenses

as

authorized,

23 $7,300,000.

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1138 1

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

2

For expenses, not otherwise provided, to enable the

3 Secretary of State to provide for extraordinary protective 4 services, as authorized, $28,200,000, to remain available 5 until September 30, 2015. 6

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7

For necessary expenses for carrying out the Foreign

8 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre9 serving, maintaining, repairing, and planning for buildings 10 that are owned or directly leased by the Department of 11 State, renovating, in addition to funds otherwise available, 12 the Harry S Truman Building, and carrying out the Dip13 lomatic Security Construction Program as authorized, 14 $785,351,000, to remain available until expended as au15 thorized, of which not to exceed $25,000 may be used for 16 domestic and overseas representation expenses as author17 ized: Provided, That none of the funds appropriated in this 18 paragraph shall be available for acquisition of furniture, 19 furnishings, or generators for other departments and 20 agencies. 21

In addition, for the costs of worldwide security up-

22 grades, acquisition, and construction as authorized, 23 $1,614,000,000, to remain available until expended: Pro24 vided, That not later than 45 days after enactment of this 25 Act, the Secretary of State shall submit to the Committees

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1139 1 on Appropriations the proposed allocation of funds made 2 available under this heading and the actual and antici3 pated proceeds of sales for all projects in fiscal year 2014. 4

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

5

SERVICE

6

For necessary expenses to enable the Secretary of

7 State to meet unforeseen emergencies arising in the Diplo8 matic and Consular Service, $9,242,000, to remain avail9 able until expended as authorized, of which not to exceed 10 $1,000,000 may be transferred to, and merged with, funds 11 appropriated by this Act under the heading ‘‘Repatriation 12 Loans Program Account’’, subject to the same terms and 13 conditions. 14

REPATRIATION LOANS PROGRAM ACCOUNT

15

For the cost of direct loans, $1,537,000, as author-

16 ized: Provided, That such costs, including the cost of 17 modifying such loans, shall be as defined in section 502 18 of the Congressional Budget Act of 1974: Provided fur19 ther, That such funds are available to subsidize gross obli20 gations for the principal amount of direct loans not to ex21 ceed $2,690,000. 22

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

23

For necessary expenses to carry out the Taiwan Rela-

24 tions Act (Public Law 96–8), $31,221,000.

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1140 1

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2

DISABILITY FUND

3

For payment to the Foreign Service Retirement and

4 Disability Fund, as authorized, $158,900,000. 5

INTERNATIONAL ORGANIZATIONS

6

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7

For necessary expenses, not otherwise provided for,

8 to meet annual obligations of membership in international 9 multilateral organizations, pursuant to treaties ratified 10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $1,265,762,000: Pro12 vided, That the Secretary of State shall, at the time of 13 the submission of the President’s budget to Congress 14 under section 1105(a) of title 31, United States Code, 15 transmit to the Committees on Appropriations the most 16 recent biennial budget prepared by the United Nations for 17 the operations of the United Nations: Provided further, 18 That the Secretary of State shall notify the Committees 19 on Appropriations at least 15 days in advance (or in an 20 emergency, as far in advance as is practicable) of any 21 United Nations action to increase funding for any United 22 Nations program without identifying an offsetting de23 crease elsewhere in the United Nations budget: Provided 24 further, That the Secretary of State shall report to the 25 Committees on Appropriations any credits available to the

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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 avail6 able for United States assessed contributions to the 7 United Nations and shall be subject to the regular notifi8 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 re12 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 inter15 national organization for the United States share of inter16 est costs made known to the United States Government 17 by such organization for loans incurred on or after Octo18 ber 1, 1984, through external borrowings. 19

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

20

ACTIVITIES

21

For necessary expenses to pay assessed and other ex-

22 penses of international peacekeeping activities directed to 23 the maintenance or restoration of international peace and 24 security, $1,765,519,000, of which 15 percent shall re25 main available until September 30, 2015: Provided, That

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1142 1 none of the funds made available by this Act shall be obli2 gated or expended for any new or expanded United Na3 tions peacekeeping mission unless, at least 15 days in ad4 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 Ap7 propriations are notified: (1) of the estimated cost and du8 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 employ11 ees, contractor personnel, and peacekeeping troops serving 12 in the mission from trafficking in persons, exploiting vic13 tims of trafficking, or committing acts of illegal sexual ex14 ploitation or other violations of human rights, and to bring 15 to justice individuals who engage in such acts while par16 ticipating in the peacekeeping mission, including prosecu17 tion in their home countries of such individuals in connec18 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 proce22 dures therein followed, of the source of funds that will be 23 used to pay the cost of the new or expanded mission: Pro24 vided further, That funds shall be available for peace25 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 sup5 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 vio9 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 na14 tional, unless the President’s military advisors have sub15 mitted to the President a recommendation that such in16 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 fur23 ther, That any such credits shall only be available for 24 United States assessed contributions to the United Na25 tions and shall be subject to the regular notification proce-

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1144 1 dures of the Committees on Appropriations: Provided fur2 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 con5 tributions up to the amount specified in Annex IV accom6 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,

19

UNITED STATES AND MEXICO

20

For necessary expenses for the United States Section

21 of the International Boundary and Water Commission, 22 United States and Mexico, and to comply with laws appli23 cable to the United States Section, including not to exceed 24 $6,000 for representation expenses; as follows:

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1145 1

SALARIES AND EXPENSES

2

For salaries and expenses, not otherwise provided for,

3 $44,000,000. 4

CONSTRUCTION

5

For detailed plan preparation and construction of au-

6 thorized projects, $33,438,000, to remain available until 7 expended, as authorized. 8

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

9

For necessary expenses, not otherwise provided, for

10 the International Joint Commission and the International 11 Boundary Commission, United States and Canada, as au12 thorized by treaties between the United States and Can13 ada or Great Britain, and the Border Environment Co14 operation Commission as authorized by Public Law 103– 15 182, $12,499,000: Provided, That of the amount provided 16 under this heading for the International Joint Commis17 sion, $9,000 may be made available for representation ex18 penses. 19

INTERNATIONAL FISHERIES COMMISSIONS

20

For necessary expenses for international fisheries

21 commissions, not otherwise provided for, as authorized by 22 law, $35,980,000: Provided, That the United States share 23 of such expenses may be advanced to the respective com24 missions pursuant to 31 U.S.C. 3324.

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1146 1

RELATED AGENCY

2

BROADCASTING BOARD

3

OF

GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

4

For necessary expenses to enable the Broadcasting

5 Board of Governors (BBG), as authorized, to carry out 6 international communication activities, and to make and 7 supervise grants for radio and television broadcasting to 8 the Middle East, $721,080,000: Provided, That up to 9 $41,734,000 of the amount appropriated under this head10 ing may remain available until expended for satellite 11 transmissions and Internet freedom programs, of which 12 not less than $25,500,000 shall be available to expand un13 restricted access to programs funded under this heading 14 and other information on the Internet through the devel15 opment and use of circumvention and secure communica16 tion technologies: Provided further, That of the total 17 amount appropriated under this heading, not to exceed 18 $35,000 may be used for representation expenses, of 19 which $10,000 may be used for representation expenses 20 within the United States as authorized, and not to exceed 21 $30,000 may be used for representation expenses of Radio 22 Free Europe/Radio Liberty: Provided further, That the au23 thority provided by section 504(c) of the Foreign Relations 24 Authorization Act, Fiscal Year 2003 (Public Law 107– 25 228; 22 U.S.C. 6206 note) shall remain in effect through

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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 viola7 tion of the principles and standards set forth in sub8 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, sat14 ellite, Internet, and television), for all BBG language serv15 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 head18 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 Bu24 reau, shall remain available until expended for carrying 25 out authorized purposes.

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1148 1

BROADCASTING CAPITAL IMPROVEMENTS

2

For the purchase, rent, construction, and improve-

3 ment of facilities for radio, television, and digital trans4 mission and reception, and purchase and installation of 5 necessary equipment for radio, television, and digital 6 transmission and reception, including to Cuba, as author7 ized, $8,000,000, to remain available until expended, as 8 authorized. 9

RELATED PROGRAMS

10

THE ASIA FOUNDATION

11

For a grant to The Asia Foundation, as authorized

12 by The Asia Foundation Act (22 U.S.C. 4402), 13 $17,000,000, to remain available until expended, as au14 thorized. 15

UNITED STATES INSTITUTE

16

OF

PEACE

For necessary expenses of the United States Institute

17 of Peace, as authorized by the United States Institute of 18 Peace Act, $30,984,000, to remain available until Sep19 tember 30, 2015, which shall not be used for construction 20 activities. 21

CENTER

FOR

MIDDLE EASTERN-WESTERN DIALOGUE

22

TRUST FUND

23

For necessary expenses of the Center for Middle

24 Eastern-Western Dialogue Trust Fund, as authorized by 25 section 633 of the Departments of Commerce, Justice, and

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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 inter3 est and earnings accruing to such Fund on or before Sep4 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 avail12 able until expended: Provided, That none of the funds ap13 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 accord17 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 Ha9 waii, $16,700,000: Provided, That none of the funds ap10 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

14

FOR

DEMOCRACY

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 man19 ner, including for the core institutes, and $35,000,000 20 shall be for democracy, human rights, and rule of law pro21 grams.

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1151 1 2

OTHER COMMISSIONS COMMISSION

FOR THE

PRESERVATION

OF

3

HERITAGE ABROAD

4

SALARIES AND EXPENSES

5

AMERICA’S

For necessary expenses for the Commission for the

6 Preservation of America’s Heritage Abroad, $690,000, as 7 authorized by section 1303 of Public Law 99–83. 8

UNITED STATES COMMISSION

9

ON INTERNATIONAL

RELIGIOUS FREEDOM

10

SALARIES AND EXPENSES

11

For necessary expenses for the United States Com-

12 mission on International Religious Freedom, as authorized 13 by title II of the International Religious Freedom Act of 14 1998 (Public Law 105–292), as amended, $3,500,000, in15 cluding not more than $4,000 for representation expenses: 16 Provided, That if the United States Commission on Inter17 national Religious Freedom is authorized beyond Sep18 tember 30, 2014, this amount will remain available until 19 September 30, 2015. 20

COMMISSION

ON

SECURITY

AND

COOPERATION

21

EUROPE

22

SALARIES AND EXPENSES

23

IN

For necessary expenses of the Commission on Secu-

24 rity and Cooperation in Europe, as authorized by Public 25 Law 94–304, $2,579,000, including not more than $4,000

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1152 1 for representation expenses, to remain available until Sep2 tember 30, 2015. 3

CONGRESSIONAL-EXECUTIVE COMMISSION

4

PEOPLE’S REPUBLIC

5

OF

ON THE

CHINA

SALARIES AND EXPENSES

6

For necessary expenses of the Congressional-Execu-

7 tive Commission on the People’s Republic of China, as au8 thorized by title III of the U.S.-China Relations Act of 9 2000 (22 U.S.C. 6911–6919), $2,000,000, including not 10 more than $3,000 for representation expenses, to remain 11 available until September 30, 2015. 12

UNITED STATES-CHINA ECONOMIC

AND

13

REVIEW COMMISSION

14

SALARIES AND EXPENSES

15

SECURITY

For necessary expenses of the United States-China

16 Economic and Security Review Commission, as authorized 17 by section 1238 of the Floyd D. Spence National Defense 18 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 19 $3,500,000, including not more than $4,000 for represen20 tation expenses, to remain available until September 30, 21 2015: Provided, That the authorities, requirements, limi22 tations, and conditions contained in the second through 23 sixth provisos under this heading in division F of Public 24 Law 111–117 shall continue in effect during fiscal year

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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

5

TO THE

PRESIDENT

OPERATING EXPENSES

6

For necessary expenses to carry out the provisions

7 of section 667 of the Foreign Assistance Act of 1961, 8 $1,059,229,000, of which $158,900,000 may remain avail9 able until September 30, 2015: Provided, That none of 10 the funds appropriated under this heading and under the 11 heading ‘‘Capital Investment Fund’’ in this title may be 12 made available to finance the construction (including ar13 chitect and engineering services), purchase, or long-term 14 lease of offices for use by the United States Agency for 15 International Development (USAID), unless the USAID 16 Administrator has identified such proposed use of funds 17 in a report submitted to the Committees on Appropria18 tions at least 15 days prior to the obligation of funds for 19 such purposes: Provided further, That contracts or agree20 ments entered into with funds appropriated under this 21 heading may entail commitments for the expenditure of 22 such funds through the following fiscal year: Provided fur23 ther, That the authority of sections 610 and 109 of the 24 Foreign Assistance Act of 1961 may be exercised by the 25 Secretary of State to transfer funds appropriated to carry

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1155 1 out chapter 1 of part I of such Act to ‘‘Operating Ex2 penses’’ in accordance with the provisions of those sec3 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 ex6 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

10

For necessary expenses for overseas construction and

11 related costs, and for the procurement and enhancement 12 of information technology and related capital investments, 13 pursuant to section 667 of the Foreign Assistance Act of 14 1961, $117,940,000, to remain available until expended: 15 Provided, That this amount is in addition to funds other16 wise available for such purposes: Provided further, That 17 not later than 180 days after enactment of this Act, the 18 Administrator of the United States Agency for Inter19 national Development, in consultation with the Secretary 20 of State, shall submit a strategy to eliminate redundant 21 services and operations at diplomatic facilities abroad, in22 cluding information technology systems, communications 23 systems, and motor pool: Provided further, That funds ap24 propriated under this heading shall be available for obliga-

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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

4

For necessary expenses to carry out the provisions

5 of section 667 of the Foreign Assistance Act of 1961, 6 $45,000,000, of which $6,750,000 may remain available 7 until September 30, 2015, for the Office of Inspector Gen8 eral of the United States Agency for International Devel9 opment.

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1157 1

TITLE III

2

BILATERAL ECONOMIC ASSISTANCE

3

FUNDS APPROPRIATED

4

TO THE

PRESIDENT

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

8

(INCLUDING TRANSFER OF FUNDS)

9

For necessary expenses to carry out the provisions

10 of chapters 1 and 10 of part I of the Foreign Assistance 11 Act of 1961, for global health activities, in addition to 12 funds

otherwise

available

for

such

purposes,

13 $2,769,450,000, to remain available until September 30, 14 2015, and which shall be apportioned directly to the 15 United States Agency for International Development 16 (USAID): Provided, That this amount shall be made avail17 able for training, equipment, and technical assistance to 18 build the capacity of public health institutions and organi19 zations in developing countries, and for such activities as: 20 (1) child survival and maternal health programs; (2) im21 munization and oral rehydration programs; (3) other 22 health, nutrition, water and sanitation programs which di23 rectly address the needs of mothers and children, and re24 lated education programs; (4) assistance for children dis25 placed or orphaned by causes other than AIDS; (5) pro-

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1158 1 grams for the prevention, treatment, control of, and re2 search on HIV/AIDS, tuberculosis, polio, malaria, and 3 other infectious diseases including neglected tropical dis4 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: Pro7 vided further, That funds appropriated under this para8 graph may be made available for a United States contribu9 tion to the GAVI Alliance: Provided further, That none 10 of the funds made available in this Act nor any unobli11 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, sup14 ports or participates in the management of a program of 15 coercive abortion or involuntary sterilization: Provided fur16 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 deter20 mination: Provided further, That none of the funds made 21 available under this Act may be used to pay for the per22 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 Assist2 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 re5 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 vol10 untary family planning project shall meet the following re11 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 con16 strued to include the use of quantitative estimates or indi17 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 ex20 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 ben25 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 pro4 vide family planning acceptors comprehensible information 5 on the health benefits and risks of the method chosen, in6 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 require15 ments contained in paragraph (1), (2), (3), or (5) of this 16 proviso, or a pattern or practice of violations of the re17 quirements contained in paragraph (4) of this proviso, the 18 Administrator shall submit to the Committees on Appro19 priations a report containing a description of such viola20 tion and the corrective action taken by the Agency: Pro21 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 be24 cause of such applicant’s religious or conscientious com25 mitment to offer only natural family planning; and, addi-

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1161 1 tionally, all such applicants shall comply with the require2 ments of the previous proviso: Provided further, That for 3 purposes of this or any other Act authorizing or appro4 priating funds for the Department of State, foreign oper5 ations, and related programs, the term ‘‘motivate’’, as it 6 relates to family planning assistance, shall not be con7 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 appro20 priated under this paragraph may be made available, not21 withstanding any other provision of law, except for the 22 United States Leadership Against HIV/AIDS, Tuber23 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 nec2 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 avail7 able to USAID for technical assistance related to the ac8 tivities of the Global Fund: Provided further, That the an9 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: Pro14 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

20

For necessary expenses to carry out the provisions

21 of sections 103, 105, 106, 214, and sections 251 through 22 255, and chapter 10 of part I of the Foreign Assistance 23 Act of 1961, $2,507,001,000, to remain available until 24 September 30, 2015: Provided, That of the funds appro25 priated under this heading, not less than $23,000,000

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1163 1 shall be made available for the American Schools and Hos2 pitals Abroad program, and not less than $10,000,000 3 shall be made available for cooperative development pro4 grams of the United States Agency for International De5 velopment. 6

INTERNATIONAL DISASTER ASSISTANCE

7

For necessary expenses to carry out the provisions

8 of section 491 of the Foreign Assistance Act of 1961 for 9 international disaster relief, rehabilitation, and recon10 struction assistance, $876,828,000, to remain available 11 until expended. 12

TRANSITION INITIATIVES

13

For necessary expenses for international disaster re-

14 habilitation and reconstruction assistance administered by 15 the Office of Transition Initiatives, United States Agency 16 for International Development (USAID), pursuant to sec17 tion 491 of the Foreign Assistance Act of 1961, 18 $48,177,000, to remain available until expended, to sup19 port transition to democracy and long-term development 20 for countries in crisis: Provided, That such support may 21 include assistance to develop, strengthen, or preserve 22 democratic institutions and processes, revitalize basic in23 frastructure, and foster the peaceful resolution of conflict: 24 Provided further, That USAID shall submit a report to 25 the Committees on Appropriations at least 5 days prior

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1164 1 to beginning a new program of assistance: Provided fur2 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 authori9 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

14

(INCLUDING TRANSFER OF FUNDS)

15

For necessary expenses to carry out the provisions

16 of the Foreign Assistance Act of 1961 to support pro17 grams and activities to prevent or respond to emerging 18 or unforeseen foreign challenges and complex crises over19 seas, $20,000,000, to remain available until expended: 20 Provided, That funds appropriated under this heading 21 may be made available on such terms and conditions as 22 are appropriate and necessary for the purposes of pre23 venting or responding to such challenges and crises, except 24 that no funds shall be made available for lethal assistance 25 or to respond to natural disasters: Provided further, That

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1165 1 funds appropriated under this heading may be made avail2 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 ap9 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

16

(INCLUDING TRANSFER OF FUNDS)

17

For the cost of direct loans and loan guarantees pro-

18 vided by the United States Agency for International De19 velopment (USAID), as authorized by sections 256 and 20 635 of the Foreign Assistance Act of 1961, up to 21 $40,000,000 may be derived by transfer from funds ap22 propriated by this Act to carry out part I of such Act: 23 Provided, That funds provided under this paragraph and 24 funds provided as a gift that are used for purposes of this 25 paragraph pursuant to section 635(d) of the Foreign As-

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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 provi14 sions applicable to the Development Credit Authority) of 15 the Foreign Assistance Act of 1961, as contained in sec16 tion 306 of H.R. 1486 as reported by the House Com17 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: Pro22 vided further, That these funds are available to subsidize 23 total loan principal, any portion of which is to be guaran24 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

9

(INCLUDING TRANSFER OF FUNDS)

10

For necessary expenses to carry out the provisions

11 of chapter 4 of part II of the Foreign Assistance Act of 12 1961, $2,982,967,000, to remain available until Sep13 tember 30, 2015. 14

DEMOCRACY FUND

15

For necessary expenses to carry out the provisions

16 of the Foreign Assistance Act of 1961 for the promotion 17 of democracy globally, $130,500,000, to remain available 18 until September 30, 2015, of which $70,500,000 shall be 19 made available for the Human Rights and Democracy 20 Fund of the Bureau of Democracy, Human Rights, and 21 Labor, Department of State, and $60,000,000 shall be 22 made available for the Bureau for Democracy, Conflict, 23 and Humanitarian Assistance, United States Agency for 24 International Development.

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1168 1

DEPARTMENT

2

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

3

For necessary expenses not otherwise provided for,

4 to enable the Secretary of State to carry out the provisions 5 of section 2(a) and (b) of the Migration and Refugee As6 sistance Act of 1962, and other activities to meet refugee 7 and migration needs; salaries and expenses of personnel 8 and dependents as authorized by the Foreign Service Act 9 of 1980; allowances as authorized by sections 5921 10 through 5925 of title 5, United States Code; purchase and 11 hire of passenger motor vehicles; and services as author12 ized by section 3109 of title 5, United States Code, 13 $1,774,645,000, to remain available until expended, of 14 which not less than $35,000,000 shall be made available 15 to respond to small-scale emergency humanitarian require16 ments: Provided, That $15,000,000 of the funds appro17 priated under this heading in this Act, or in prior Acts 18 making appropriations for the Department of State, for19 eign operations, and related programs, shall be made 20 available for refugees resettling in Israel: Provided further, 21 That no amounts in the previous proviso may be made 22 available from amounts that were designated by Congress 23 as an emergency requirement pursuant to a concurrent 24 resolution on the budget or the Balanced Budget and 25 Emergency Deficit Control Act of 1985.

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1169 1

UNITED STATES EMERGENCY REFUGEE AND MIGRATION

2

ASSISTANCE FUND

3

For necessary expenses to carry out the provisions

4 of section 2(c) of the Migration and Refugee Assistance 5 Act

of

1962,

as

amended

(22

U.S.C.

2601(c)),

6 $50,000,000, to remain available until expended. 7

INDEPENDENT AGENCIES

8

PEACE CORPS

9

(INCLUDING TRANSFER OF FUNDS)

10

For necessary expenses to carry out the provisions

11 of the Peace Corps Act (22 U.S.C. 2501–2523), including 12 the purchase of not to exceed five passenger motor vehicles 13 for administrative purposes for use outside of the United 14 States, $379,000,000, of which $5,150,000 is for the Of15 fice of Inspector General, to remain available until Sep16 tember 30, 2015: Provided, That the Director of the Peace 17 Corps may transfer to the Foreign Currency Fluctuations 18 Account, as authorized by 22 U.S.C. 2515, an amount not 19 to exceed $5,000,000: Provided further, That funds trans20 ferred pursuant to the previous proviso may not be derived 21 from amounts made available for Peace Corps overseas op22 erations: Provided further, That of the funds appropriated 23 under this heading, not to exceed $104,000 may be avail24 able for representation expenses, of which not to exceed 25 $4,000 may be made available for entertainment expenses:

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1170 1 Provided further, That any decision to open, close, signifi2 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 Com5 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

12

For necessary expenses to carry out the provisions

13 of the Millennium Challenge Act of 2003 (MCA), 14 $898,200,000, to remain available until expended: Pro15 vided, That of the funds appropriated under this heading, 16 up to $105,000,000 may be available for administrative 17 expenses of the Millennium Challenge Corporation (the 18 Corporation): Provided further, That up to 5 percent of 19 the funds appropriated under this heading may be made 20 available to carry out the purposes of section 616 of the 21 MCA for fiscal year 2014: Provided further, That section 22 605(e) of the MCA shall apply to funds appropriated 23 under this heading: Provided further, That funds appro24 priated under this heading may be made available for a 25 Millennium Challenge Compact entered into pursuant to

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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 avail3 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 du6 ration of the Compact: Provided further, That the Chief 7 Executive Officer of the Corporation shall notify the Com8 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 Mil22 lennium Challenge Compact shall be subject to the regular 23 notification procedures of the Committees on Appropria24 tions prior to re-obligation: Provided further, That not25 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 cap3 ita income equal to or below the World Bank’s lower mid4 dle income country threshold for the fiscal year and is 5 among the 75 lowest per capita income countries as identi6 fied by the World Bank; and the country meets the re7 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 pur11 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 Chal18 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 coun22 try or from a lower middle income country to a low income 23 country shall retain its candidacy status in its former in24 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 Com2 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 ex12 penses, of which not to exceed $5,000 may be available 13 for entertainment expenses. 14

INTER-AMERICAN FOUNDATION

15

For necessary expenses to carry out the functions of

16 the Inter-American Foundation in accordance with the 17 provisions of section 401 of the Foreign Assistance Act 18 of 1969, $22,500,000, to remain available until September 19 30, 2015: Provided, That of the funds appropriated under 20 this heading, not to exceed $2,000 may be available for 21 representation expenses. 22

UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

23

For necessary expenses to carry out title V of the

24 International Security and Development Cooperation Act 25 of 1980 (Public Law 96–533), $30,000,000, to remain

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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: Pro3 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’’ be6 fore ‘‘African Development’’: Provided further, That funds 7 made available to grantees may be invested pending ex8 penditure for project purposes when authorized by the 9 Board of Directors of the United States African Develop10 ment Foundation (USADF): Provided further, That inter11 est earned shall be used only for the purposes for which 12 the grant was made: Provided further, That notwith13 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 limi16 tation contained in that section with respect to a project 17 and a project may exceed the limitation by up to 10 per18 cent if the increase is due solely to foreign currency fluc19 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 23

DEPARTMENT

OF THE

TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

24

For necessary expenses to carry out the provisions

25 of section 129 of the Foreign Assistance Act of 1961,

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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

6

For necessary expenses to carry out section 481 of

7 the Foreign Assistance Act of 1961, $1,005,610,000, to 8 remain available until September 30, 2015: Provided, 9 That the provision of assistance by any other United 10 States Government department or agency which is com11 parable to assistance made available under this heading 12 but which is provided under any other provision of law, 13 shall be administered in accordance with the provisions of 14 sections 481(b) and 622(c) of the Foreign Assistance Act 15 of 1961: Provided further, That of the funds appropriated 16 under this heading, not less than $5,000,000 shall be 17 made available to combat piracy of United States copy18 right materials, consistent with the requirements of sec19 tion 688(a) and (b) of the Department of State, Foreign 20 Operations, and Related Programs Appropriations Act, 21 2008 (division J of Public Law 110–161): Provided fur22 ther, That the reporting requirements contained in section 23 1404 of Public Law 110–252 shall apply to funds made 24 available by this Act, including a description of modifica25 tions, if any, to the Palestinian Authority’s security strat-

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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 transi4 tional and post-conflict states, and for activities to coordi5 nate rule of law programs among foreign governments, 6 international and nongovernmental organizations, and 7 other United States Government agencies: Provided fur8 ther, That funds appropriated under this heading shall be 9 made available to support training and technical assist10 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 au13 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 pro19 cedures of the Committees on Appropriations: Provided 20 further, That funds appropriated under this heading that 21 are made available for the International Police Peace22 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 sub4 ject to the regular notification procedures of the Commit5 tees on Appropriations. 6

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

7

RELATED PROGRAMS

8

For necessary expenses for nonproliferation, anti-ter-

9 rorism, demining and related programs and activities, 10 $630,000,000, to remain available until September 30, 11 2015, to carry out the provisions of chapter 8 of part II 12 of the Foreign Assistance Act of 1961 for anti-terrorism 13 assistance, chapter 9 of part II of the Foreign Assistance 14 Act of 1961, section 504 of the FREEDOM Support Act, 15 section 23 of the Arms Export Control Act or the Foreign 16 Assistance Act of 1961 for demining activities, the clear17 ance of unexploded ordnance, the destruction of small 18 arms, and related activities, notwithstanding any other 19 provision of law, including activities implemented through 20 nongovernmental and international organizations, and sec21 tion 301 of the Foreign Assistance Act of 1961 for a vol22 untary contribution to the International Atomic Energy 23 Agency (IAEA), and for a United States contribution to 24 the Comprehensive Nuclear Test Ban Treaty Preparatory 25 Commission: Provided, That for the clearance of

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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 Com8 mittees on Appropriations, to promote bilateral and multi9 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 organiza14 tions when it is in the national security interest of the 15 United States to do so: Provided further, That funds ap16 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 activi19 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

2

For necessary expenses to carry out the provisions

3 of section 551 of the Foreign Assistance Act of 1961, 4 $235,600,000: Provided, That funds appropriated under 5 this heading may be used, notwithstanding section 660 of 6 such Act, to provide assistance to enhance the capacity 7 of foreign civilian security forces, including gendarmes, to 8 participate in peacekeeping operations: Provided further, 9 That of the funds appropriated under this heading, not 10 less than $36,000,000 shall be made available for a United 11 States contribution to the Multinational Force and Ob12 servers mission in the Sinai, of which of up to $8,000,000 13 may be made available to address force protection require14 ments: Provided further, That funds appropriated under 15 this Act should not be used to support any military train16 ing or operations that include child soldiers: Provided fur17 ther, That the Secretary of State shall consult with the 18 Committees on Appropriations prior to the obligation of 19 funds made available under this heading for the Global 20 Peacekeeping Operations Initiative: Provided further, That 21 none of the funds appropriated under this heading shall 22 be obligated except as provided through the regular notifi23 cation procedures of the Committees on Appropriations.

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1181 1 2

FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

3

For necessary expenses to carry out the provisions

4 of section 541 of the Foreign Assistance Act of 1961, 5 $105,573,000, of which up to $4,000,000 may remain 6 available until September 30, 2015, and may only be pro7 vided through the regular notification procedures of the 8 Committees on Appropriations: Provided, That the civilian 9 personnel for whom military education and training may 10 be provided under this heading may include civilians who 11 are not members of a government whose participation 12 would contribute to improved civil-military relations, civil13 ian control of the military, or respect for human rights: 14 Provided further, That of the funds appropriated under 15 this heading, not to exceed $55,000 may be available for 16 entertainment expenses. 17

FOREIGN MILITARY FINANCING PROGRAM

18

For necessary expenses for grants to enable the

19 President to carry out the provisions of section 23 of the 20 Arms Export Control Act, $5,389,280,000: Provided, 21 That to expedite the provision of assistance to foreign 22 countries and international organizations, the Secretary of 23 State, following consultation with the Committees on Ap24 propriations and subject to the regular notification proce25 dures of such Committees, may use the funds appro-

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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 avail5 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 dis9 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 Appropria25 tions: Provided further, That funds appropriated or other-

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1183 1 wise made available under this heading shall be nonrepay2 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 serv10 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 coun16 try and funding level increases in allocations shall be sub17 mitted through the regular notification procedures of sec18 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 in22 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 as2 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 appro7 priated under this heading shall be expended at the min8 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 Appropria17 tions: Provided further, That of the funds made available 18 under this heading for general costs of administering mili19 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

5

For necessary expenses to carry out the provisions

6 of section 301 of the Foreign Assistance Act of 1961, and 7 of section 2 of the United Nations Environment Program 8 Participation Act of 1973, $344,020,000, of which up to 9 $10,000,000 may be made available for the Intergovern10 mental Panel on Climate Change/United Nations Frame11 work Convention on Climate Change: Provided, That sec12 tion 307(a) of the Foreign Assistance Act of 1961 shall 13 not apply to contributions to the United Nations Democ14 racy Fund. 15

INTERNATIONAL FINANCIAL INSTITUTIONS

16

GLOBAL ENVIRONMENT FACILITY

17

For payment to the International Bank for Recon-

18 struction and Development as trustee for the Global Envi19 ronment Facility by the Secretary of the Treasury, 20 $143,750,000, to remain available until expended. 21

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

22

ASSOCIATION

23

For payment to the International Development Asso-

24 ciation by the Secretary of the Treasury, $1,355,000,000, 25 to remain available until expended.

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1187 1

CONTRIBUTION TO THE INTERNATIONAL BANK FOR

2

RECONSTRUCTION AND DEVELOPMENT

3

For payment to the International Bank for Recon-

4 struction and Development by the Secretary of the Treas5 ury for the United States share of the paid-in portion of 6 the increases in capital stock, $186,957,000, to remain 7 available until expended. 8

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9

The United States Governor of the International

10 Bank for Reconstruction and Development may subscribe 11 without fiscal year limitation to the callable capital portion 12 of the United States share of increases in capital stock 13 in an amount not to exceed $2,928,990,899. 14

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

15

For payment to the International Bank for Recon-

16 struction and Development as trustee for the Clean Tech17 nology Fund by the Secretary of the Treasury, 18 $184,630,000, to remain available until expended. 19

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

20

For payment to the International Bank for Recon-

21 struction and Development as trustee for the Strategic 22 Climate Fund by the Secretary of the Treasury, 23 $49,900,000, to remain available until expended.

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1188 1

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

2

For payment to the Global Agriculture and Food Se-

3 curity Program by the Secretary of the Treasury, 4 $133,000,000, to remain available until expended. 5

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

6

BANK

7

For payment to the Inter-American Development

8 Bank by the Secretary of the Treasury for the United 9 States share of the paid-in portion of the increase in cap10 ital stock, $102,000,000, to remain available until ex11 pended. 12

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13

The United States Governor of the Inter-American

14 Development Bank may subscribe without fiscal year limi15 tation to the callable capital portion of the United States 16 share of such capital stock in an amount not to exceed 17 $4,098,794,833. 18

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

19

MULTILATERAL INVESTMENT FUND

20

For payment to the Enterprise for the Americas Mul-

21 tilateral Investment Fund by the Secretary of the Treas22 ury, $6,298,000, to remain available until expended. 23

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

24

For payment to the Asian Development Bank by the

25 Secretary of the Treasury for the United States share of

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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

4

The United States Governor of the Asian Develop-

5 ment Bank may subscribe without fiscal year limitation 6 to the callable capital portion of the United States share 7 of such capital stock in an amount not to exceed 8 $2,558,048,769. 9

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

10

For payment to the Asian Development Bank’s Asian

11 Development Fund by the Secretary of the Treasury, 12 $109,854,000, to remain available until expended. 13

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

14

For payment to the African Development Bank by

15 the Secretary of the Treasury for the United States share 16 of the paid-in portion of the increase in capital stock, 17 $32,418,000, to remain available until expended. 18

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

19

The United States Governor of the African Develop-

20 ment Bank may subscribe without fiscal year limitation 21 to the callable capital portion of the United States share 22 of such capital stock in an amount not to exceed 23 $507,860,808.

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1190 1

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

2

For payment to the African Development Fund by

3 the Secretary of the Treasury, $176,336,000, to remain 4 available until expended. 5

CONTRIBUTION TO THE INTERNATIONAL FUND FOR

6

AGRICULTURAL DEVELOPMENT

7

For payment to the International Fund for Agricul-

8 tural Development by the Secretary of the Treasury, 9 $30,000,000, to remain available until expended.

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1191 1

TITLE VI

2

EXPORT AND INVESTMENT ASSISTANCE

3

EXPORT-IMPORT BANK

4

OF THE

UNITED STATES

INSPECTOR GENERAL

5

For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector 7 General Act of 1978, as amended, $5,100,000, to remain 8 available until September 30, 2015. 9

PROGRAM ACCOUNT

10

The Export-Import Bank (the Bank) of the United

11 States is authorized to make such expenditures within the 12 limits of funds and borrowing authority available to such 13 corporation, and in accordance with law, and to make such 14 contracts and commitments without regard to fiscal year 15 limitations, as provided by section 104 of the Government 16 Corporation Control Act, as may be necessary in carrying 17 out the program for the current fiscal year for such cor18 poration: Provided, That none of the funds available dur19 ing the current fiscal year may be used to make expendi20 tures, contracts, or commitments for the export of nuclear 21 equipment, fuel, or technology to any country, other than 22 a nuclear-weapon state as defined in Article IX of the 23 Treaty on the Non-Proliferation of Nuclear Weapons eligi24 ble to receive economic or military assistance under this 25 Act, that has detonated a nuclear explosive after the date

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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 busi5 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 sec11 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

15

For administrative expenses to carry out the direct

16 and guaranteed loan and insurance programs, including 17 hire of passenger motor vehicles and services as authorized 18 by 5 U.S.C. 3109, and not to exceed $30,000 for official 19 reception and representation expenses for members of the 20 Board of Directors, not to exceed $115,500,000, of which 21 $10,500,000 shall remain available until expended and 22 shall be subject to the regular notification procedures of 23 the Committees on Appropriations: Provided, That the Ex24 port-Import Bank (the Bank) may accept, and use, pay25 ment or services provided by transaction participants for

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1193 1 legal, financial, or technical services in connection with 2 any transaction for which an application for a loan, guar3 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 per9 formed on a contract or fee basis, but not including other 10 personal services) in connection with the collection of mon11 eys owed the Bank, repossession or sale of pledged collat12 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 appli16 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

23

Receipts collected pursuant to the Export-Import

24 Bank Act of 1945, as amended, and the Federal Credit 25 Reform Act of 1990, as amended, in an amount not to

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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 col5 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 Sep10 tember 30, 2017. 11

OVERSEAS PRIVATE INVESTMENT CORPORATION

12

NONCREDIT ACCOUNT

13

The Overseas Private Investment Corporation is au-

14 thorized to make, without regard to fiscal year limitations, 15 as provided by 31 U.S.C. 9104, such expenditures and 16 commitments within the limits of funds available to it and 17 in accordance with law as may be necessary: Provided, 18 That the amount available for administrative expenses to 19 carry out the credit and insurance programs (including an 20 amount for official reception and representation expenses 21 which shall not exceed $35,000) shall not exceed 22 $62,574,000: Provided further, That project-specific trans23 action costs, including direct and indirect costs incurred 24 in claims settlements, and other direct costs associated 25 with services provided to specific investors or potential in-

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1195 1 vestors pursuant to section 234 of the Foreign Assistance 2 Act of 1961, shall not be considered administrative ex3 penses for the purposes of this heading. 4

PROGRAM ACCOUNT

5

For the cost of direct and guaranteed loans,

6 $27,371,000, as authorized by section 234 of the Foreign 7 Assistance Act of 1961, to be derived by transfer from 8 the Overseas Private Investment Corporation Noncredit 9 Account: Provided, That such costs, including the cost of 10 modifying such loans, shall be as defined in section 502 11 of the Congressional Budget Act of 1974: Provided fur12 ther, That such sums shall be available for direct loan obli13 gations and loan guaranty commitments incurred or made 14 during fiscal years 2014, 2015, and 2016: Provided fur15 ther, That funds so obligated in fiscal year 2014 remain 16 available for disbursement through 2022; funds obligated 17 in fiscal year 2015 remain available for disbursement 18 through 2023; and funds obligated in fiscal year 2016 re19 main available for disbursement through 2024: Provided 20 further, That notwithstanding any other provision of law, 21 the Overseas Private Investment Corporation is authorized 22 to undertake any program authorized by title IV of chap23 ter 2 of part I of the Foreign Assistance Act of 1961 in 24 Iraq: Provided further, That funds made available pursu25 ant to the authority of the previous proviso shall be subject

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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 ex6 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

10

For necessary expenses to carry out the provisions

11 of section 661 of the Foreign Assistance Act of 1961, 12 $55,073,000, to remain available until September 30, 13 2015: Provided, That of the funds appropriated under this 14 heading, not more than $4,000 may be available for rep15 resentation and entertainment expenses.

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1197 1

TITLE VII

2

GENERAL PROVISIONS

3

ALLOWANCES AND DIFFERENTIALS

4

SEC. 7001. Funds appropriated under title I of this

5 Act shall be available, except as otherwise provided, for 6 allowances and differentials as authorized by subchapter 7 59 of title 5, United States Code; for services as author8 ized by 5 U.S.C. 3109; and for hire of passenger transpor9 tation pursuant to 31 U.S.C. 1343(b). 10

UNOBLIGATED BALANCES REPORT

11

SEC. 7002. Any department or agency of the United

12 States Government to which funds are appropriated or 13 otherwise made available by this Act shall provide to the 14 Committees on Appropriations a quarterly accounting of 15 cumulative unobligated balances and obligated, but unex16 pended, balances by program, project, and activity, and 17 Treasury Account Fund Symbol of all funds received by 18 such department or agency in fiscal year 2014 or any pre19 vious fiscal year, disaggregated by fiscal year: Provided, 20 That the report required by this section should specify by 21 account the amount of funds obligated pursuant to bilat22 eral agreements which have not been further sub-obli23 gated.

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1198 1

CONSULTING SERVICES

2

SEC. 7003. The expenditure of any appropriation

3 under title I of this Act for any consulting service through 4 procurement contract, pursuant to 5 U.S.C. 3109, shall 5 be limited to those contracts where such expenditures are 6 a matter of public record and available for public inspec7 tion, except where otherwise provided under existing law, 8 or under existing Executive Order issued pursuant to ex9 isting law. 10

DIPLOMATIC FACILITIES

11

SEC. 7004. (a) Of funds provided under title I of this

12 Act, except as provided in subsection (b), a project to con13 struct a diplomatic facility of the United States may not 14 include office space or other accommodations for an em15 ployee of a Federal agency or department if the Secretary 16 of State determines that such department or agency has 17 not provided to the Department of State the full amount 18 of funding required by subsection (e) of section 604 of 19 the Secure Embassy Construction and Counterterrorism 20 Act of 1999 (as enacted into law by section 1000(a)(7) 21 of Public Law 106–113 and contained in appendix G of 22 that Act; 113 Stat. 1501A–453), as amended by section 23 629 of the Departments of Commerce, Justice, and State, 24 the Judiciary, and Related Agencies Appropriations Act, 25 2005.

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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 fa7 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 consulta10 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 De13 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 diplo18 matic facilities in Afghanistan, Pakistan, and Iraq, shall 19 be subject to prior consultation with, and the regular noti20 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 pro4 grams, under the heading ‘‘Embassy Security, Construc5 tion, and Maintenance’’ may be obligated for the reloca6 tion of the United States Embassy to the Holy See only 7 if the Secretary of State reports in writing to the Commit8 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 Main20 tenance’’, not less than $25,000,000 shall be made avail21 able to address security vulnerabilities at expeditionary, 22 interim, and temporary facilities abroad, including phys23 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 Op3 erations: Provided further, That such funds shall be sub4 ject to prior consultation with the Committees on Appro5 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 poli9 cies, standards, and procedures for the construction and 10 operation of expeditionary, interim, and temporary diplo11 matic facilities, including any waiver of security require12 ments and accommodation of temporary surges in per13 sonnel or programs: Provided, That such report shall in14 clude a list of all expeditionary, interim, and temporary 15 diplomatic facilities and the number of personnel and se16 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 ex21 peditionary, interim, or temporary diplomatic facility shall 22 be subject to prior consultation with the appropriate con23 gressional committees and the regular notification proce24 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

4

SEC. 7005. Any costs incurred by a department or

5 agency funded under title I of this Act resulting from per6 sonnel actions taken in response to funding reductions in7 cluded in this Act shall be absorbed within the total budg8 etary resources available under title I to such department 9 or agency: Provided, That the authority to transfer funds 10 between appropriations accounts as may be necessary to 11 carry out this section is provided in addition to authorities 12 included elsewhere in this Act: Provided further, That use 13 of funds to carry out this section shall be treated as a 14 reprogramming of funds under section 7015 of this Act 15 and shall not be available for obligation or expenditure ex16 cept in compliance with the procedures set forth in that 17 section. 18

LOCAL GUARD CONTRACTS

19

SEC. 7006. In evaluating proposals for local guard

20 contracts, the Secretary of State shall award contracts in 21 accordance with section 136 of the Foreign Relations Au22 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 23 4864), except that the Secretary may grant authorization 24 to award such contracts on the basis of best value as de25 termined by a cost-technical tradeoff analysis (as de-

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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

8

SEC. 7007. None of the funds appropriated or other-

9 wise made available pursuant to titles III through VI of 10 this Act shall be obligated or expended to finance directly 11 any assistance or reparations for the governments of 12 Cuba, North Korea, Iran, or Syria: Provided, That for 13 purposes of this section, the prohibition on obligations or 14 expenditures shall include direct loans, credits, insurance 15 and guarantees of the Export-Import Bank or its agents. ´TAT COUPS D’E

16 17

SEC. 7008. None of the funds appropriated or other-

18 wise made available pursuant to titles III through VI of 19 this Act shall be obligated or expended to finance directly 20 any assistance to the government of any country whose 21 duly elected head of government is deposed by military 22 coup d’e´tat or decree or, after the date of enactment of 23 this Act, a coup d’e´tat or decree in which the military 24 plays a decisive role: Provided, That assistance may be re25 sumed to such government if the President determines and

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1204 1 certifies to the Committees on Appropriations that subse2 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 as5 sistance to promote democratic elections or public partici6 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

11 12

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING

BOARD OF GOVERNORS.—

13

(1) Not to exceed 5 percent of any appropria-

14

tion made available for the current fiscal year for

15

the Department of State under title I of this Act

16

may be transferred between, and merged with, such

17

appropriations, but no such appropriation, except as

18

otherwise specifically provided, shall be increased by

19

more than 10 percent by any such transfers.

20

(2) Not to exceed 5 percent of any appropria-

21

tion made available for the current fiscal year for

22

the Broadcasting Board of Governors under title I

23

of this Act may be transferred between, and merged

24

with, such appropriations, but no such appropria-

25

tion, except as otherwise specifically provided, shall

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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 21

(c) LIMITATION

ON

TRANSFERS BETWEEN AGEN-

CIES.—

22

(1) None of the funds made available under ti-

23

tles II through V of this Act may be transferred to

24

any department, agency, or instrumentality of the

25

United States Government, except pursuant to a

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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

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-

Agency

for

International

Development

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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 trans10 fer funds, consults with and provides a written policy jus11 tification to the Committees on Appropriations. 12

(e) AUDIT

OF

INTER-AGENCY TRANSFERS.—Any

13 agreement for the transfer or allocation of funds appro14 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 au24 dits shall be transmitted to the Committees on Appropria25 tions: Provided further, That funds transferred under such

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1208 1 authority may be made available for the cost of such au2 dits. 3

REPORTING REQUIREMENT

4

SEC. 7010. The Secretary of State shall provide the

5 Committees on Appropriations, not later than April 1, 6 2014, and for each fiscal quarter, a report in writing on 7 the uses of funds made available under the headings ‘‘For8 eign Military Financing Program’’, ‘‘International Mili9 tary Education and Training’’, ‘‘Peacekeeping Oper10 ations’’, and ‘‘Pakistan Counterinsurgency Capability 11 Fund’’ in this Act, or prior Acts making appropriations 12 for the Department of State, foreign operations, and re13 lated programs: Provided, That such report shall include 14 a description of the obligation and expenditure of funds, 15 and the specific country in receipt of, and the use or pur16 pose of, the assistance provided by such funds. 17

AVAILABILITY OF FUNDS

18

SEC. 7011. No part of any appropriation contained

19 in this Act shall remain available for obligation after the 20 expiration of the current fiscal year unless expressly so 21 provided in this Act: Provided, That funds appropriated 22 for the purposes of chapters 1 and 8 of part I, section 23 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 24 Assistance Act of 1961, section 23 of the Arms Export 25 Control Act, and funds provided under the heading ‘‘De-

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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 respec5 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 Assist9 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 avail13 ability of such funds would otherwise have expired, if such 14 funds are initially allocated or obligated before the expira15 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 Appropria18 tions at the beginning of each fiscal year, detailing by ac19 count and source year, the use of this authority during 20 the previous fiscal year. 21

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

22

SEC. 7012. No part of any appropriation provided

23 under titles III through VI in this Act shall be used to 24 furnish assistance to the government of any country which 25 is in default during a period in excess of 1 calendar year

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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 de5 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

10

SEC. 7013. (a) PROHIBITION

ON

TAXATION.—None

11 of the funds appropriated under titles III through VI of 12 this Act may be made available to provide assistance for 13 a foreign country under a new bilateral agreement gov14 erning the terms and conditions under which such assist15 ance is to be provided unless such agreement includes a 16 provision stating that assistance provided by the United 17 States shall be exempt from taxation, or reimbursed, by 18 the foreign government, and the Secretary of State shall 19 expeditiously seek to negotiate amendments to existing bi20 lateral agreements, as necessary, to conform with this re21 quirement. 22

(b) REIMBURSEMENT

OF

FOREIGN TAXES.—An

23 amount equivalent to 200 percent of the total taxes as24 sessed during fiscal year 2014 on funds appropriated by 25 this Act by a foreign government or entity against United

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1211 1 States assistance programs for which funds are appro2 priated by this Act, either directly or through grantees, 3 contractors, and subcontractors shall be withheld from ob4 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 re8 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 sub16 section (b) shall be reprogrammed for assistance for coun17 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 program21 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 assist16 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 Appropria11 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

15

SEC. 7014. (a) Funds appropriated under titles II

16 through VI of this Act which are specifically designated 17 may be reprogrammed for other programs within the same 18 account notwithstanding the designation if compliance 19 with the designation is made impossible by operation of 20 any provision of this or any other Act: Provided, That any 21 such reprogramming shall be subject to the regular notifi22 cation procedures of the Committees on Appropriations: 23 Provided further, That assistance that is reprogrammed 24 pursuant to this subsection shall be made available under 25 the same terms and conditions as originally provided.

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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 ap3 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 de8 termines and reports promptly to the Committees on Ap9 propriations that the termination of assistance to a coun10 try or a significant change in circumstances makes it un11 likely that such designated funds can be obligated during 12 the original period of availability: Provided, That such des13 ignated funds that continue to be available for an addi14 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

2

SEC. 7015. (a) None of the funds made available in

3 titles I and II of this Act, or in prior appropriations Acts 4 to the agencies and departments funded by this Act that 5 remain available for obligation or expenditure in fiscal 6 year 2014, or provided from any accounts in the Treasury 7 of the United States derived by the collection of fees or 8 of currency reflows or other offsetting collections, or made 9 available by transfer, to the agencies and departments 10 funded by this Act, shall be available for obligation or ex11 penditure through a reprogramming of funds that— 12

(1) creates new programs;

13

(2) eliminates a program, project, or activity;

14

(3) increases funds or personnel by any means

15

for any project or activity for which funds have been

16

denied or restricted;

17

(4) relocates an office or employees;

18

(5) closes or opens a mission or post;

19

(6) creates, closes, reorganizes, or renames bu-

20

reaus, centers, or offices;

21

(7) reorganizes programs or activities; or

22

(8) contracts out or privatizes any functions or

23

activities presently performed by Federal employees;

24

unless the Committees on Appropriations are noti-

25

fied 15 days in advance of such reprogramming of

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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 ac11 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 obli14 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 En8 forcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy 9 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Conflict Stabiliza10 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 activi15 ties, programs, projects, type of materiel assistance, coun16 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 ad20 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 pro23 vision of major defense equipment, other than conven24 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 trans15 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 De20 fense Authorization Act for Fiscal Year 2006 (Public Law 21 109–163), shall be subject to the regular notification pro22 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 Appropria2 tions, may be waived if failure to do so would pose a sub3 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 prac6 ticable, but in no event later than 3 days after taking the 7 action to which such notification requirement was applica8 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 reg20 ular notification procedures of the Committees on Appro21 priations. 22

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

23

SEC. 7016. Prior to providing excess Department of

24 Defense articles in accordance with section 516(a) of the 25 Foreign Assistance Act of 1961, the Department of De-

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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 com3 mittees pursuant to subsection (f) of that section: Pro4 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 re14 ceive such excess defense articles: Provided further, That 15 such Committees shall also be informed of the original ac16 quisition cost of such defense articles. 17

LIMITATION ON AVAILABILITY OF FUNDS FOR

18

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

19

SEC. 7017. Subject to the regular notification proce-

20 dures of the Committees on Appropriations, funds appro21 priated under titles III through VI of this Act and prior 22 Acts making appropriations for the Department of State, 23 foreign operations, and related programs, which are re24 turned or not made available for organizations and pro25 grams because of the implementation of section 307(a) of

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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 Sep3 tember 30, 2015: Provided, That the requirement to with4 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

9

SEC. 7018. None of the funds made available to carry

10 out part I of the Foreign Assistance Act of 1961, as 11 amended, may be used to pay for the performance of abor12 tions as a method of family planning or to motivate or 13 coerce any person to practice abortions. None of the funds 14 made available to carry out part I of the Foreign Assist15 ance Act of 1961, as amended, may be used to pay for 16 the performance of involuntary sterilization as a method 17 of family planning or to coerce or provide any financial 18 incentive to any person to undergo sterilizations. None of 19 the funds made available to carry out part I of the Foreign 20 Assistance Act of 1961, as amended, may be used to pay 21 for any biomedical research which relates in whole or in 22 part, to methods of, or the performance of, abortions or 23 involuntary sterilization as a means of family planning. 24 None of the funds made available to carry out part I of 25 the Foreign Assistance Act of 1961, as amended, may be

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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 steri5 lizations. 6

ALLOCATIONS

7

SEC. 7019. (a) Funds provided in this Act shall be

8 made available for programs and countries in the amounts 9 contained in the respective tables included in the explana10 tory statement described in section 4 (in the matter pre11 ceding division A of this consolidated Act). 12

(b) For the purposes of implementing this section and

13 only with respect to the tables included in the explanatory 14 statement described in section 4 (in the matter preceding 15 division A of this consolidated Act), the Secretary of State, 16 the Administrator of the United States Agency for Inter17 national Development, and the Broadcasting Board of 18 Governors, as appropriate, may propose deviations to the 19 amounts referenced in subsection (a), subject to the reg20 ular notification procedures of the Committees on Appro21 priations. 22

REPRESENTATION AND ENTERTAINMENT EXPENSES

23

SEC. 7020. (a) Each Federal department, agency, or

24 entity funded in titles I or II of this Act, and the Depart25 ment of the Treasury and independent agencies funded in

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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 ‘‘Inter14 national Military Education and Training’’ or ‘‘Foreign 15 Military Financing Program’’ for Informational Program 16 activities or under the headings ‘‘Global Health Pro17 grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup18 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

2

SUPPORTING INTERNATIONAL TERRORISM

3 4

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—

5

(1) None of the funds appropriated or otherwise

6

made available by titles III through VI of this Act

7

may be available to any foreign government which

8

provides lethal military equipment to a country the

9

government of which the Secretary of State has de-

10

termined supports international terrorism for pur-

11

poses of section 6(j) of the Export Administration

12

Act of 1979 as continued in effect pursuant to the

13

International Emergency Economic Powers Act: Pro-

14

vided, That the prohibition under this section with

15

respect to a foreign government shall terminate 12

16

months after that government ceases to provide such

17

military equipment: Provided further, That this sec-

18

tion applies with respect to lethal military equipment

19

provided under a contract entered into after October

20

1, 1997.

21

(2) Assistance restricted by paragraph (1) or

22

any other similar provision of law, may be furnished

23

if the President determines that to do so is impor-

24

tant to the national interests of the United States.

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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

13

SEC. 7022. Funds appropriated by this Act, except

14 funds appropriated under the heading ‘‘Trade and Devel15 opment Agency’’, may be obligated and expended notwith16 standing section 10 of Public Law 91–672, section 15 of 17 the State Department Basic Authorities Act of 1956, sec18 tion 313 of the Foreign Relations Authorization Act, Fis19 cal Years 1994 and 1995 (Public Law 103–236), and sec20 tion 504(a)(1) of the National Security Act of 1947 (50 21 U.S.C. 3094(a)(1)). 22

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

23

SEC. 7023. For the purpose of titles II through VI

24 of this Act ‘‘program, project, and activity’’ shall be de25 fined at the appropriations Act account level and shall in-

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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 with7 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

19

FOUNDATION AND UNITED STATES AFRICAN DEVEL-

20

OPMENT FOUNDATION

21

SEC. 7024. Unless expressly provided to the contrary,

22 provisions of this or any other Act, including provisions 23 contained in prior Acts authorizing or making appropria24 tions for the Department of State, foreign operations, and 25 related programs, shall not be construed to prohibit activi-

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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 con4 ducting activities in a country for which assistance is pro5 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

9

SEC. 7025. (a) None of the funds appropriated or

10 made available pursuant to titles III through VI of this 11 Act for direct assistance and none of the funds otherwise 12 made available to the Export-Import Bank and the Over13 seas Private Investment Corporation shall be obligated or 14 expended to finance any loan, any assistance or any other 15 financial commitments for establishing or expanding pro16 duction of any commodity for export by any country other 17 than the United States, if the commodity is likely to be 18 in surplus on world markets at the time the resulting pro19 ductive capacity is expected to become operative and if the 20 assistance will cause substantial injury to United States 21 producers of the same, similar, or competing commodity: 22 Provided, That such prohibition shall not apply to the Ex23 port-Import Bank if in the judgment of its Board of Direc24 tors the benefits to industry and employment in the 25 United States are likely to outweigh the injury to United

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1229 1 States producers of the same, similar, or competing com2 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 intro19 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 pro23 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 fi19 nancial institutions, as defined in section 7029(g) of this 20 Act, to use the voice and vote of the United States to op21 pose any assistance by such institutions, using funds ap22 propriated or made available by this Act, for the produc23 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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1231 1 will cause substantial injury to United States producers 2 of the same, similar, or competing commodity. 3

SEPARATE ACCOUNTS

4

SEC. 7026. (a) SEPARATE ACCOUNTS

FOR

LOCAL

5 CURRENCIES.— 6

(1) If assistance is furnished to the government

7

of a foreign country under chapters 1 and 10 of part

8

I or chapter 4 of part II of the Foreign Assistance

9

Act of 1961 under agreements which result in the

10

generation of local currencies of that country, the

11

Administrator of the United States Agency for

12

International Development (USAID) shall—

13

(A) require that local currencies be depos-

14

ited in a separate account established by that

15

government;

16

(B) enter into an agreement with that gov-

17

ernment which sets forth—

18

(i) the amount of the local currencies

19

to be generated; and

20

(ii) the terms and conditions under

21

which the currencies so deposited may be

22

utilized, consistent with this section; and

23

(C) establish by agreement with that gov-

24

ernment the responsibilities of USAID and that

25

government to monitor and account for deposits

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1232 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

18

shall take all necessary steps to ensure that the

19

equivalent of the local currencies disbursed pursuant

20

to subsection (a)(2)(A) from the separate account

21

established pursuant to subsection (a)(1) are used

22

for the purposes agreed upon pursuant to subsection

23

(a)(2).

24

(4)

25

TERMINATION

GRAMS.—Upon

OF

ASSISTANCE

PRO-

termination of assistance to a coun-

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1233 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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1234 1

count and not commingle them with any other

2

funds.

3

(2) APPLICABILITY

OF OTHER PROVISIONS OF

4

LAW.—Such

5

notwithstanding provisions of law which are incon-

6

sistent with the nature of this assistance including

7

provisions which are referenced in the Joint Explan-

8

atory Statement of the Committee of Conference ac-

9

companying House Joint Resolution 648 (House Re-

10

funds may be obligated and expended

port No. 98–1159).

11

(3) NOTIFICATION.—At least 15 days prior to

12

obligating any such cash transfer or nonproject sec-

13

tor assistance, the President shall submit a notifica-

14

tion through the regular notification procedures of

15

the Committees on Appropriations, which shall in-

16

clude a detailed description of how the funds pro-

17

posed to be made available will be used, with a dis-

18

cussion of the United States interests that will be

19

served by the assistance (including, as appropriate,

20

a description of the economic policy reforms that will

21

be promoted by such assistance).

22

(4) EXEMPTION.—Nonproject sector assistance

23

funds may be exempt from the requirements of sub-

24

section (b)(1) only through the regular notification

25

procedures of the Committees on Appropriations.

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1235 1

ELIGIBILITY FOR ASSISTANCE

2 3

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this

4 or any other Act with respect to assistance for a country 5 shall not be construed to restrict assistance in support of 6 programs of nongovernmental organizations from funds 7 appropriated by this Act to carry out the provisions of 8 chapters 1, 10, 11, and 12 of part I and chapter 4 of 9 part II of the Foreign Assistance Act of 1961: Provided, 10 That before using the authority of this subsection to fur11 nish assistance in support of programs of nongovern12 mental organizations, the President shall notify the Com13 mittees on Appropriations under the regular notification 14 procedures of those committees, including a description of 15 the program to be assisted, the assistance to be provided, 16 and the reasons for furnishing such assistance: Provided 17 further, That nothing in this subsection shall be construed 18 to alter any existing statutory prohibitions against abor19 tion or involuntary sterilizations contained in this or any 20 other Act. 21

(b) PUBLIC LAW 480.—During fiscal year 2014, re-

22 strictions contained in this or any other Act with respect 23 to assistance for a country shall not be construed to re24 strict assistance under the Food for Peace Act (Public 25 Law 83–480): Provided, That none of the funds appro-

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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 proce4 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

16

SEC. 7028. (a) REQUIREMENTS

17 COMPETITION

FOR

FOR

EXCEPTIONS

TO

LOCAL ENTITIES.—Funds appro-

18 priated by this Act that are made available to the United 19 States Agency for International Development (USAID) 20 may only be made available for limited competitions 21 through local entities if— 22

(1) prior to the determination to limit competi-

23

tion to local entities, USAID has—

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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 enti19 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 ex23 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 replac4 ing in lieu thereof ‘‘and’’. 5

INTERNATIONAL FINANCIAL INSTITUTIONS

6

SEC. 7029. (a) None of the funds appropriated under

7 title V of this Act should be made as payment to any inter8 national financial institution unless the Secretary of the 9 Treasury certifies to the Committees on Appropriations 10 that such institution has a policy and practice of requiring 11 independent, outside evaluations of each project and pro12 gram loan or grant and significant analytical, non-lending 13 activity, and the impact of such loan, grant, or activity 14 on achieving the institution’s goals, including reducing 15 poverty and promoting equitable economic growth, con16 sistent with effective safeguards. 17

(b) None of the funds appropriated under title V of

18 this Act may be made as payment to any international 19 financial institution while the United States executive di20 rector to such institution is compensated by the institution 21 at a rate which, together with whatever compensation such 22 executive director receives from the United States, is in 23 excess of the rate provided for an individual occupying a 24 position at level IV of the Executive Schedule under sec25 tion 5315 of title 5, United States Code, or while any al-

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1239 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 fi8 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, ma13 laria, and tuberculosis in connection with such institu14 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 mainte22 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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1240 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 fi5 nancial institution to seek to ensure that each such insti6 tution responds to the findings and recommendations of 7 its accountability mechanisms by providing just compensa8 tion or other appropriate redress to individuals and com9 munities that suffer violations of human rights, including 10 forced displacement, resulting from any loan, grant, strat11 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 Com20 munities Affected by the Construction of the Chixoy Hy21 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 Devel25 opment Association, the International Finance Corpora-

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1241 1 tion, the Inter-American Development Bank, the Inter2 national Monetary Fund, the Asian Development Bank, 3 the Asian Development Fund, the Inter-American Invest4 ment Corporation, the North American Development 5 Bank, the European Bank for Reconstruction and Devel6 opment, the African Development Bank, and the African 7 Development Fund. 8

DEBT-FOR-DEVELOPMENT

9

SEC. 7030. In order to enhance the continued partici-

10 pation of nongovernmental organizations in debt-for-devel11 opment and debt-for-nature exchanges, a nongovern12 mental organization which is a grantee or contractor of 13 the United States Agency for International Development 14 may place in interest bearing accounts local currencies 15 which accrue to that organization as a result of economic 16 assistance provided under title III of this Act and, subject 17 to the regular notification procedures of the Committees 18 on Appropriations, any interest earned on such investment 19 shall be used for the purpose for which the assistance was 20 provided to that organization. 21

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

22 23

SEC. 7031. (a) LIMITATION MENT-TO-GOVERNMENT

ON

DIRECT GOVERN-

ASSISTANCE.—

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1242 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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1243 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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1244 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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1245 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

19

PARENCY.—

20

(1)

MINIMUM

AND

CONTRACT TRANS-

REQUIREMENTS

OF

FISCAL

21

TRANSPARENCY.—Not

22

actment of this Act, the Secretary of State, in con-

23

sultation with the heads of other relevant Federal

24

agencies, shall develop for each government receiving

25

assistance appropriated by this Act, ‘‘minimum re-

later than 90 days after en-

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1246 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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1247 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 informa14 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

20

SEC. 7032. (a) Of the funds appropriated by this Act,

21 not less than $2,849,555,000 should be made available for 22 democracy programs, as defined in subsection (c). 23

(b) Funds made available by this Act for democracy

24 programs may be made available notwithstanding any

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1250 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 citi11 zens to support the development of democratic states, and 12 institutions that are responsive and accountable to citi13 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 reg20 ular notification procedures of the Committees on Appro21 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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1251 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 Adminis4 trator of the United States Agency for International De5 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 appro13 priated by this Act in title III and that is important to 14 the security interests of the United States, but whose cen15 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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1252 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 pro7 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

16

SEC. 7033. None of the funds appropriated by this

17 Act may be used to make any pledge for future year fund18 ing for any multilateral or bilateral program funded in ti19 tles III through VI of this Act unless such pledge was— 20

(1) previously justified, including the projected

21

future year costs, in a congressional budget justifica-

22

tion;

23

(2) included in an Act making appropriations

24

for the Department of State, foreign operations, and

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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

11 12

SEC. 7034. (a) VICTIMS DREN, AND

OF

WAR, DISPLACED CHIL-

DISPLACED BURMESE.—Funds appropriated

13 in titles III and VI of this Act that are made available 14 for victims of war, displaced children, displaced Burmese, 15 and to combat trafficking in persons and assist victims 16 of such trafficking, may be made available notwith17 standing any other provision of law. 18 19

(b) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In

providing assistance with funds appropriated by

20 this Act under section 660(b)(6) of the Foreign Assistance 21 Act of 1961, support for a nation emerging from insta22 bility may be deemed to mean support for regional, dis23 trict, municipal, or other sub-national entity emerging 24 from instability, as well as a nation emerging from insta25 bility.

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1254 1

(c) WORLD FOOD PROGRAM.—Funds managed by

2 the Bureau for Democracy, Conflict, and Humanitarian 3 Assistance, United States Agency for International Devel4 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 9

(d) DISARMAMENT, DEMOBILIZATION INTEGRATION.—Notwithstanding

AND

RE -

any other provision of

10 law, regulation or Executive order, funds appropriated by 11 this Act and prior Acts making appropriations for the De12 partment of State, foreign operations, and related pro13 grams under the headings ‘‘Economic Support Fund’’, 14 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As15 sistance’’, ‘‘Complex Crises Fund’’, and ‘‘Transition Ini16 tiatives’’ may be made available to support programs to 17 disarm, demobilize, and reintegrate into civilian society 18 former members of foreign terrorist organizations: Pro19 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 ter23 rorist organization’’ means an organization designated as 24 a terrorist organization under section 219 of the Immigra25 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 Re4 search and Training on Eastern Europe and the Inde5 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 De10 partment of State, foreign operations, and related pro11 grams shall be used by the Secretary of State and the 12 USAID Administrator, as appropriate, to support the con13 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 in20 clude the requirements under this subsection in the ex21 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 author3 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 govern8 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 Oc11 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 Ap19 propriations Act, 2010 (Division F of Public Law 111– 20 117) are hereby repealed. 21 22

(j) TRANSFERS TION.—The

FOR

EXTRAORDINARY PROTEC-

Secretary of State may transfer to, and merge

23 with, funds under the heading ‘‘Protection of Foreign Mis24 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 des2 ignated for Overseas Contingency Operations/Global War 3 on Terrorism pursuant to section 251(b)(2)(A) of the Bal4 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 9 10

(k) PROTECTIONS OF

AND

DIPLOMATIC MISSIONS

ZATIONS.—The

REMEDIES

FOR

EMPLOYEES

AND INTERNATIONAL

ORGANI-

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 evi16 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 prosecu23 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 hold5 er which meets one or more of the items in the first pro6 viso of this subsection. 7

(l) MODIFICATION

OF

AMENDMENT.—Section 620M

8 of the Foreign Assistance Act of 1961 (Limitation on As9 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 as13 sistance the individual’s unit is vetted as well as the indi14 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

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

the

Omnibus

Diplomatic

Security

and

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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 con4 trol purposes for foreign security forces that use excessive 5 force to repress peaceful expression, association, or assem6 bly in countries undergoing democratic transition. 7 8

(o) EXTENSION LIES.—Section

OF

PROTECTION

FOR

AFGHAN AL-

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 Work13 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 Ref2 ugee Assistance’’ should be made available for the inde3 pendent and systematic collection and reporting of infor4 mation obtained directly from beneficiaries of such assist5 ance regarding the quality and utility of such assistance, 6 for the purpose of maximizing its cost effectiveness: Pro7 vided, That the Department of State and USAID, as ap8 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 estab12 lished pursuant to section 525(b)(1) of the Foreign Oper13 ations, Export Financing, and Related Programs Appro14 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 Oper20 ations, Export Financing, and Related Programs Appro21 priations Act, 2005 (Public Law 108–477) shall be exer22 cised by the Assistant Administrator for Global Health, 23 USAID, with respect to funds deposited for such non24 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 budg3 et justification an accounting of budgetary resources, dis4 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

20

SEC. 7035. It is the sense of the Congress that—

21

(1) the Arab League boycott of Israel, and the

22

secondary boycott of American firms that have com-

23

mercial ties with Israel, is an impediment to peace

24

in the region and to United States investment and

25

trade in the Middle East and North Africa;

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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

24

SEC. 7036. (a) LIMITATION

ON

ASSISTANCE.—None

25 of the funds appropriated under titles III through VI of

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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 ac18 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 Pales3 tinian Authority’’). 4

RESTRICTIONS CONCERNING THE PALESTINIAN

5

AUTHORITY

6

SEC. 7037. None of the funds appropriated under ti-

7 tles II through VI of this Act may be obligated or ex8 pended to create in any part of Jerusalem a new office 9 of any department or agency of the United States Govern10 ment for the purpose of conducting official United States 11 Government business with the Palestinian Authority over 12 Gaza and Jericho or any successor Palestinian governing 13 entity provided for in the Israel-PLO Declaration of Prin14 ciples: Provided, That this restriction shall not apply to 15 the acquisition of additional space for the existing Con16 sulate General in Jerusalem: Provided further, That meet17 ings between officers and employees of the United States 18 and officials of the Palestinian Authority, or any successor 19 Palestinian governing entity provided for in the Israel20 PLO Declaration of Principles, for the purpose of con21 ducting official United States Government business with 22 such authority should continue to take place in locations 23 other than Jerusalem: Provided further, That as has been 24 true in the past, officers and employees of the United 25 States Government may continue to meet in Jerusalem on

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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

6

SEC. 7038. None of the funds appropriated or other-

7 wise made available by this Act may be used to provide 8 equipment, technical support, consulting services, or any 9 other form of assistance to the Palestinian Broadcasting 10 Corporation. 11

ASSISTANCE FOR THE WEST BANK AND GAZA

12

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2014,

13 30 days prior to the initial obligation of funds for the bi14 lateral West Bank and Gaza Program, the Secretary of 15 State shall certify to the Committees on Appropriations 16 that procedures have been established to assure the Comp17 troller General of the United States will have access to 18 appropriate United States financial information in order 19 to review the uses of United States assistance for the Pro20 gram funded under the heading ‘‘Economic Support 21 Fund’’ for the West Bank and Gaza. 22

(b) VETTING.—Prior to the obligation of funds ap-

23 propriated by this Act under the heading ‘‘Economic Sup24 port Fund’’ for assistance for the West Bank and Gaza, 25 the Secretary of State shall take all appropriate steps to

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1270 1 ensure that such assistance is not provided to or through 2 any individual, private or government entity, or edu3 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 gov8 erning board of trustees any individual that has been de9 termined to be involved in, or advocating terrorist activity 10 or determined to be a member of a designated foreign ter11 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 edu15 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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1271 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 treat4 ment, handling, and uses of all funds for the bilateral 5 West Bank and Gaza Program, including all funds pro6 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 proce17 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 con21 tained in section 2106 of chapter 2 of title II of Public 22 Law 109–13.

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1273 1

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

2

AUTHORITY

3

SEC. 7040. (a) PROHIBITION

OF

FUNDS.—None of

4 the funds appropriated by this Act to carry out the provi5 sions of chapter 4 of part II of the Foreign Assistance 6 Act of 1961 may be obligated or expended with respect 7 to providing funds to the Palestinian Authority. 8

(b) WAIVER.—The prohibition included in subsection

9 (a) shall not apply if the President certifies in writing to 10 the Speaker of the House of Representatives, the Presi11 dent pro tempore of the Senate, and the Committees on 12 Appropriations that waiving such prohibition is important 13 to the national security interests of the United States. 14

(c) PERIOD

OF

APPLICATION

OF

WAIVER.—Any

15 waiver pursuant to subsection (b) shall be effective for no 16 more than a period of 6 months at a time and shall not 17 apply beyond 12 months after the enactment of this Act. 18

(d) REPORT.—Whenever the waiver authority pursu-

19 ant to subsection (b) is exercised, the President shall sub20 mit a report to the Committees on Appropriations detail21 ing the justification for the waiver, the purposes for which 22 the funds will be spent, and the accounting procedures in 23 place to ensure that the funds are properly disbursed: Pro24 vided, That the report shall also detail the steps the Pales-

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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 Ap6 propriations prior to the obligation of funds that the Pal7 estinian Authority has established a single treasury ac8 count for all Palestinian Authority financing and all fi9 nancing mechanisms flow through this account, no parallel 10 financing mechanisms exist outside of the Palestinian Au11 thority treasury account, and there is a single comprehen12 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 pro15 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

10

SEC. 7041. (a) EGYPT.—

11

(1) IN

GENERAL.—Funds

appropriated by this

12

Act that are available for assistance for the Govern-

13

ment of Egypt may only be made available if the

14

Secretary of State certifies to the Committees on

15

Appropriations that such government is—

16

(A) sustaining the strategic relationship

17

with the United States; and

18

(B) meeting its obligations under the 1979

19

Egypt-Israel Peace Treaty.

20

(2) ECONOMIC

SUPPORT FUND.—(A)

Of the

21

funds appropriated by this Act under the heading

22

‘‘Economic Support Fund’’, and subject to para-

23

graph (6) of this subsection, up to $250,000,000

24

may be made available for assistance for Egypt, of

25

which not less than $35,000,000 should be made

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1277 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-

8

GRAM.—Of

9

the heading ‘‘Foreign Military Financing Program’’,

10

and subject to paragraph (6) of this subsection, up

11

to $1,300,000,000, to remain available until Sep-

12

tember 30, 2015, may be made available for assist-

13

ance for Egypt which may be transferred to an in-

14

terest bearing account in the Federal Reserve Bank

15

of New York, following consultation with the Com-

16

mittees on Appropriations: Provided, That if the

17

Secretary of State is unable to make the certification

18

in subparagraph (6)(A) or (B) of this subsection,

19

such funds may be made available at the minimum

20

rate necessary to continue existing contracts, not-

21

withstanding any other provision of law restricting

22

assistance for Egypt and following consultation with

23

the Committees on Appropriations, except that de-

24

fense articles and services from such contracts shall

25

not be delivered until the certification requirements

the funds appropriated by this Act under

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1279 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

16

any other provision of law restricting assistance for

17

Egypt, including paragraphs (3), (4), and (6) of this

18

subsection, funds made available for assistance for

19

Egypt in this Act and prior Acts making appropria-

20

tions for the Department of State, foreign oper-

21

ations, and related programs may be made available

22

for counterterrorism, border security, and non-

23

proliferation programs in Egypt, and for develop-

24

ment activities in the Sinai.

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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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1282 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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1283 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

23

AND

ENTERPRISE FUNDS.—

(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 pro13 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

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.

statement,

achievable

objectives

and

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

25

ON ASSISTANCE.—Prior

to the ini-

tial obligation of funds made available by this Act

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1290 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

7

against Palestinians.

for

alleged

crimes

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

4

SEC. 7042. (a) CENTRAL AFRICAN REPUBLIC.—

5 Funds made available by this Act for assistance for the 6 Central African Republic shall be made available for rec7 onciliation and peacebuilding programs, including activi8 ties to promote inter-faith dialogue at the national and 9 local levels, and for programs to prevent crimes against 10 humanity. 11

(b) COUNTERTERRORISM PROGRAMS.—

12

(1) Of the funds appropriated by this Act, not

13

less than $53,000,000 should be made available for

14

the Trans-Sahara Counterterrorism Partnership pro-

15

gram, and not less than $24,000,000 should be

16

made available for the Partnership for Regional

17

East Africa Counterterrorism program.

18

(2) Of the funds appropriated by this Act under

19

the

20

$10,000,000 shall be made available for programs to

21

counter extremism in East Africa, in addition to

22

such sums that may otherwise be made available for

23

such purposes.

24

(c) CRISIS RESPONSE.—Notwithstanding any other

heading

‘‘Economic

Support

Fund’’,

25 provision of law, up to $10,000,000 of the funds appro-

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1294 1 priated by this Act under the heading ‘‘Global Health Pro2 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 sup9 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, Coˆte 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 ac8 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 ac12 cess, telecommunications infrastructure, and early-warn13 ing mechanisms and to support the disarmament, demobi14 lization, and reintegration of former LRA combatants, es15 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 congres5 sional committees for the President’s Emergency Plan for 6 AIDS Relief in South Africa, including projected trajec7 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

4

pendent judiciary, parliament, and security

5

forces that are accountable to civilian authority;

6

and

institutions

including

an

inde-

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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1302 1

resource management and ensure transparency and

2

accountability of funds.

3

(l) TRAFFICKING

4

LIFE, AND

IN

CONFLICT MINERALS, WILD-

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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1303 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

13

SEC. 7043. (a) ASIA REBALANCING.—

14

(1) Not later than 90 days after enactment of

15

this Act, the Secretary of State, after consultation

16

with the Administrator of the United States Agency

17

for International Development (USAID), the Sec-

18

retary of Defense, and the heads of other relevant

19

Federal agencies, shall submit to the appropriate

20

congressional committees an integrated, multi-year

21

planning and budget strategy for a rebalancing of

22

United States policy in Asia that links United States

23

interests in the region with the necessary resources

24

and personnel required for implementation, manage-

25

ment and oversight of such strategy: Provided, That

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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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1309 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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1311 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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1313 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 Or13 ange or otherwise contaminated with dioxin. 14

SOUTH AND CENTRAL ASIA

15

SEC. 7044. (a) AFGHANISTAN.—

16

(1) OPERATIONS

AND REPORTS.—

17

(A) Funds appropriated under titles I and

18

II of this Act that are available for the con-

19

struction and renovation of United States Gov-

20

ernment facilities in Afghanistan may not be

21

made available if the purpose is to accommo-

22

date Federal employee positions or to expand

23

aviation facilities or assets above those notified

24

by the Department of State and the United

25

States Agency for International Development

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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

20

7046(a)(2)(B)(ii) of Public Law 112–74;

21

GoA,

in

accordance

with

section

(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.—

11

(A) Funds appropriated by this Act under

12

the headings ‘‘Economic Support Fund’’ and

13

‘‘International Narcotics Control and Law En-

14

forcement’’ for assistance for the central Gov-

15

ernment of Afghanistan may not be obligated

16

unless the Secretary of State certifies to the

17

Committees on Appropriations that—

18

(i) credible elections in Afghanistan

19

have taken place, and a peaceful transfer

20

of power has occurred;

21

(ii) the GoA—

22

(I) has agreed to a Bilateral Se-

23

curity Agreement with the United

24

States Government that further de-

25

fines the security partnership, includ-

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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

15

the funds made available by this Act for assistance

16

for Afghanistan, up to $150,000,000 may be made

17

available for programs in Central and South Asia re-

18

lating to a transition in Afghanistan, including ex-

19

panding Afghanistan linkages with the region: Pro-

20

vided, That such funds shall be the responsibility of

21

the Assistant Secretary for the Bureau of South and

22

Central Asian Affairs, Department of State, and the

23

coordinator designated pursuant to section 601 of

24

the Support for Eastern European Democracy

25

(SEED) Act of 1989 (Public Law 101–179) and

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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

6

7046(a)(2)(A) of division I of Public Law 112–74

7

shall apply to funds appropriated by this Act for as-

8

sistance for Afghanistan.

9

(b) BANGLADESH.—Funds appropriated by this Act

10 under the heading ‘‘Development Assistance’’ that are 11 available for assistance for Bangladesh shall be made 12 available for programs to improve labor conditions by 13 strengthening the capacity of independent workers’ orga14 nizations in Bangladesh’s readymade garment, shrimp, 15 and fish export sectors. 16

(c) NEPAL.—

17

(1) Funds appropriated by this Act under the

18

heading ‘‘Foreign Military Financing Program’’ may

19

be made available for assistance for Nepal only if

20

the Secretary of State certifies to the Committees on

21

Appropriations that the Government of Nepal is in-

22

vestigating and prosecuting violations of human

23

rights and the laws of war, and the Nepal army is

24

cooperating fully with civilian judicial authorities, in-

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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

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

Network,

the

Quetta

Shura

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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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1328 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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1329 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 Paki8 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 be11 tween Afghanistan and Pakistan, or between either coun12 try and the Central Asian countries. 13

WESTERN HEMISPHERE

14

SEC. 7045. (a) COLOMBIA.—

15

(1) Funds appropriated by this Act and made

16

available to the Department of State for assistance

17

for the Government of Colombia may be used to sup-

18

port a unified campaign against narcotics traf-

19

ficking, organizations designated as Foreign Ter-

20

rorist Organizations, and other criminal or illegal

21

armed groups, and to take actions to protect human

22

health and welfare in emergency circumstances, in-

23

cluding undertaking rescue operations: Provided,

24

That the first through fifth provisos of paragraph

25

(1), and paragraph (3) of section 7045(a) of division

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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 relat7 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

11

SEC. 7046. None of the funds appropriated or made

12 available pursuant to titles III through VI of this Act for 13 carrying out the Foreign Assistance Act of 1961, may be 14 used to pay in whole or in part any assessments, arrear15 ages, or dues of any member of the United Nations or, 16 from funds appropriated by this Act to carry out chapter 17 1 of part I of the Foreign Assistance Act of 1961, the 18 costs for participation of another country’s delegation at 19 international conferences held under the auspices of multi20 lateral or international organizations. 21

WAR CRIMES TRIBUNALS

22

SEC. 7047. If the President determines that doing so

23 will contribute to a just resolution of charges regarding 24 genocide or other violations of international humanitarian 25 law, the President may direct a drawdown pursuant to sec-

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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 viola7 tions, without regard to the ceiling limitation contained 8 in paragraph (2) thereof: Provided, That the determina9 tion required under this section shall be in lieu of any de10 terminations otherwise required under section 552(c): Pro11 vided further, That funds made available pursuant to this 12 section shall be made available subject to the regular noti13 fication procedures of the Committees on Appropriations. 14

UNITED NATIONS

15 16

SEC. 7048. (a) TRANSPARENCY

AND

ACCOUNT-

ABILITY.—

17

(1) Of the funds appropriated under title I and

18

under the heading ‘‘International Organizations and

19

Programs’’ in title V of this Act that are available

20

for contributions to the United Nations, any United

21

Nations agency, or the Organization of American

22

States, 15 percent may not be obligated for such or-

23

ganization or agency until the Secretary of State re-

24

ports to the Committees on Appropriations that the

25

organization or agency is—

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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 2

(b) RESTRICTIONS TIONS AND

ON

UNITED NATIONS DELEGA-

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 Ap11 propriations that participation in the Council is in the na12 tional interest of the United States: Provided, That the 13 Secretary of State shall report to the Committees on Ap14 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 Organi24 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 addi2 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 9

(e) UNITED NATIONS RELIEF CY.—The

AND

WORKS AGEN-

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 Re13 port 111–151), under the heading ‘‘Migration and Ref14 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

21

SEC. 7049. (a) AUTHORITY.—Funds made available

22 by titles III and IV of this Act to carry out the provisions 23 of chapter 1 of part I and chapters 4 and 6 of part II 24 of the Foreign Assistance Act of 1961, may be used, not25 withstanding section 660 of that Act, to enhance the effec-

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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 sup5 port democratic governance, including assistance for pro6 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 pro11 cedures of the Committees on Appropriations. 12

PROHIBITION ON PROMOTION OF TOBACCO

13

SEC. 7050. 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

INTERNATIONAL CONFERENCES

21

SEC. 7051. None of the funds made available in this

22 Act may be used to send or otherwise pay for the attend23 ance of more than 50 employees of agencies or depart24 ments of the United States Government who are stationed 25 in the United States, at any single international con-

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1343 1 ference occurring outside the United States, unless the 2 Secretary of State reports to the Committees on Appro3 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 con6 ference’’ shall mean a conference attended by representa7 tives of the United States Government and of foreign gov8 ernments, international organizations, or nongovern9 mental organizations. 10

AIRCRAFT TRANSFER AND COORDINATION

11

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith-

12 standing any other provision of law or regulation, aircraft 13 procured with funds appropriated by this Act and prior 14 Acts making appropriations for the Department of State, 15 foreign operations, and related programs under the head16 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 17 Narcotics Control and Law Enforcement’’, ‘‘Andean 18 Counterdrug Initiative’’ and ‘‘Andean Counterdrug Pro19 grams’’ may be used for any other program and in any 20 region, including for the transportation of active and 21 standby Civilian Response Corps personnel and equipment 22 during a deployment: Provided, That the responsibility for 23 policy decisions and justification for the use of such trans24 fer authority shall be the responsibility of the Secretary

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1344 1 of State and the Deputy Secretary of State and this re2 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 Appro6 priations that the equipment is no longer required to meet 7 programmatic purposes in the designated country or re8 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

14

SEC. 7053. The terms and conditions of section 7055

15 of division F of Public Law 111–117 shall apply to this 16 Act: Provided, That the date ‘‘September 30, 2009’’ in 17 subsection (f)(2)(B) shall be deemed to be ‘‘September 30, 18 2013’’. 19

LANDMINES AND CLUSTER MUNITIONS

20

SEC. 7054. (a) LANDMINES.—Notwithstanding any

21 other provision of law, demining equipment available to 22 the United States Agency for International Development 23 and the Department of State and used in support of the 24 clearance of landmines and unexploded ordnance for hu25 manitarian purposes may be disposed of on a grant basis

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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

22

SEC. 7055. No part of any appropriation contained

23 in this Act shall be used for publicity or propaganda pur24 poses within the United States not authorized before the 25 date of the enactment of this Act by the Congress: Pro-

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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

5

SEC. 7056. Of the funds appropriated or made avail-

6 able pursuant to title II of this Act, not to exceed 7 $100,500 shall be for official residence expenses of the 8 United States Agency for International Development dur9 ing the current fiscal year. 10

UNITED STATES AGENCY FOR INTERNATIONAL

11

DEVELOPMENT MANAGEMENT

12

(INCLUDING TRANSFER OF FUNDS)

13

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of

14 the funds made available in title III of this Act to carry 15 out the provisions of part I of the Foreign Assistance Act 16 of 1961 may be used by the United States Agency for 17 International Development (USAID) to hire and employ 18 individuals in the United States and overseas on a limited 19 appointment basis pursuant to the authority of sections 20 308 and 309 of the Foreign Service Act of 1980. 21

(b) RESTRICTIONS.—

22

(1) The number of individuals hired in any fis-

23

cal year pursuant to the authority contained in sub-

24

section (a) may not exceed 175.

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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 num6 ber of positions that are filled by personal services contrac7 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 sec15 tion may be transferred to, and merged with, funds appro16 priated by this Act in title II under the heading ‘‘Oper17 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 re22 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 addi4 tion to funds otherwise available for such purposes, for 5 the cost (including the support costs) of individuals de6 tailed to or employed by USAID whose primary responsi7 bility is to carry out programs in response to natural dis8 asters, or man-made disasters subject to the regular notifi9 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 As13 sistance Act of 1961, and title II of the Food for Peace 14 Act (Public Law 83–480), may be used by USAID to em15 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 con21 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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1350 1

(h) SMALL BUSINESS.—In entering into multiple

2 award indefinite-quantity contracts with funds appro3 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 8

(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—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 Afghani11 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

15

SEC. 7058. (a) IN GENERAL.—Funds appropriated

16 by titles III and IV of this Act that are made available 17 for bilateral assistance for child survival activities or dis18 ease programs including activities relating to research on, 19 and the prevention, treatment and control of, HIV/AIDS 20 may be made available notwithstanding any other provi21 sion of law except for provisions under the heading ‘‘Glob22 al Health Programs’’ and the United States Leadership 23 Against HIV/AIDS, Tuberculosis, and Malaria Act of 24 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend25 ed: Provided, That of the funds appropriated under title

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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, includ3 ing in areas where population growth threatens biodiver4 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 oper11 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 sub14 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 obliga20 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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1352 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,

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

sub-recipients,

and

Local

Fund

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

7

SEC. 7059. (a) GENDER EQUALITY.—Funds appro-

8 priated by this Act shall be made available to promote gen9 der equality in United States Government diplomatic and 10 development efforts by raising the status, increasing the 11 participation, and protecting the rights of women and girls 12 worldwide. 13

(b) WOMEN’S LEADERSHIP.—Of the funds appro-

14 priated by title III of this Act, not less than $50,000,000 15 shall be made available to increase leadership opportuni16 ties for women in countries where women and girls suffer 17 discrimination due to law, policy, or practice, by strength18 ening protections for women’s political status, expanding 19 women’s participation in political parties and elections, 20 and increasing women’s opportunities for leadership posi21 tions in the public and private sectors at the local, provin22 cial, and national levels. 23

(c) GENDER-BASED VIOLENCE.—

24

(1)(A) Of the funds appropriated by titles III

25

and IV of this Act, not less than $150,000,000

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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 As22 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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1355 1 forts to empower women as equal partners in conflict pre2 vention, peace building, transitional processes, and recon3 struction efforts in countries affected by conflict or in po4 litical transition, and to ensure the equitable provision of 5 relief and recovery assistance to women and girls. 6

SECTOR ALLOCATIONS

7

SEC. 7060. (a) BASIC

8

(1) BASIC

AND

HIGHER EDUCATION.—

EDUCATION.—

9

(A) Of the funds appropriated by title III

10

of this Act, not less than $800,000,000 shall be

11

made available for assistance for basic edu-

12

cation.

13

(B) The United States Agency for Inter-

14

national Development shall ensure that pro-

15

grams supported with funds appropriated for

16

basic education in this Act and prior Acts mak-

17

ing appropriations for the Department of State,

18

foreign operations, and related programs are in-

19

tegrated, when appropriate, with health, agri-

20

culture, governance, and economic development

21

activities to address the economic and social

22

needs of the broader community.

23

(C) Funds appropriated by title III of this

24

Act for basic education may be made available

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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 ac18 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 avail22 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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1357 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-

15

SITY.—Of

16

this Act, not less than $123,500,000 shall be made

17

available for sustainable landscapes programs and,

18

in addition, not less than $212,500,000 shall be

19

made available to protect biodiversity, and shall not

20

be used to support or promote the expansion of in-

21

dustrial scale logging or any other industrial scale

22

extractive activity into areas that were primary/in-

23

tact tropical forest as of December 30, 2013: Pro-

24

vided, That funds made available for the Central Af-

25

rican Regional Program for the Environment and

the funds appropriated under title III of

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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.—

11

(A) Not less than $45,000,000 of the

12

funds appropriated under titles III and IV of

13

this Act shall be made available to combat the

14

transnational threat of wildlife poaching and

15

trafficking.

16

(B) None of the funds appropriated under

17

title IV of this Act may be made available for

18

training or other assistance for any military

19

unit or personnel that the Secretary of State

20

determines has been credibly alleged to have

21

participated in wildlife poaching or trafficking,

22

unless the Secretary reports to the Committees

23

on Appropriations that to do so is in the na-

24

tional security interests of the United States.

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1359 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.—

10

(A) Funds appropriated by this Act shall

11

be made available to promote and support

12

transparency and accountability of expenditures

13

and revenues related to the extraction of nat-

14

ural resources, including by strengthening im-

15

plementation and monitoring of the Extractive

16

Industries

17

menting and enforcing section 8204 of Public

18

Law 110–246 and to prevent the sale of conflict

19

diamonds, and provide technical assistance to

20

promote independent audit mechanisms and

21

support civil society participation in natural re-

22

source management.

Transparency

Initiative,

imple-

23

(B)(i) The Secretary of the Treasury shall

24

inform the managements of the international fi-

25

nancial institutions and post on the Department

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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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1361 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

17

7081(g)(2) and (4) of division F of Public Law 111–

18

117 shall continue in effect during fiscal year 2014

19

as if part of this Act.

20

(d) FOOD SECURITY

21

MENT.—Of

AND

AGRICULTURE DEVELOP-

the funds appropriated by title III of this Act,

22 not less than $1,100,000,000 should be made available for 23 food security and agriculture development programs, of 24 which $32,000,000 shall be made available for the Feed 25 the Future Collaborative Research Innovation Lab: Pro-

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1363 1 vided, That such funds may be made available notwith2 standing any other provision of law to address food short3 ages, and, if authorized, for a United States contribution 4 to the endowment of the Global Crop Diversity Trust. 5

(e) MICROENTERPRISE

6 funds

appropriated

by

AND

this

MICROFINANCE.—Of the Act,

not

less

than

7 $265,000,000 should be made available for microenter8 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-to14 people reconciliation programs which bring together indi15 viduals of different ethnic, religious, and political back16 grounds from areas of civil strife and war: Provided, That 17 the Administrator of the United States Agency for Inter18 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 As25 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International

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1364 1 Narcotics Control and Law Enforcement’’, not less than 2 $44,000,000 shall be made available for activities to com3 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

14

SEC. 7061. The terms and conditions of section 7076

15 of the Department of State, Foreign Operations, and Re16 lated Programs Appropriations Act, 2009 (division H of 17 Public Law 111–8) shall apply to funds appropriated by 18 this Act, except that the Secretary of State may waive the 19 application of section 7076(a) for a period of not more 20 than 6 months and every 6 months thereafter until Sep21 tember 30, 2015, if the Secretary certifies to the Commit22 tees on Appropriations that the waiver is in the national 23 security interest and necessary to obtain access to and 24 from Afghanistan for the United States, and the waiver 25 includes an assessment of progress, if any, by the Govern-

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1365 1 ment of Uzbekistan in meeting the requirements in section 2 7076(a): Provided, That the Secretary of State, in con3 sultation with the Secretary of Defense, shall submit a re4 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 expendi8 tures made in support of the Northern Distribution Net9 work in Uzbekistan during the previous 12 months, in10 cluding any credible information that such assistance or 11 expenditures are being diverted for corrupt purposes: Pro12 vided further, That information provided in the assessment 13 and report required by the previous provisos shall be un14 classified but may be accompanied by a classified annex 15 and such annex shall indicate the basis for such classifica16 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

21

SEC. 7062. None of the funds appropriated or made

22 available pursuant to titles III through VI of this Act shall 23 be available to a nongovernmental organization, including 24 any contractor, which fails to provide upon timely request 25 any document, file, or record necessary to the auditing re-

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1366 1 quirements of the United States Agency for International 2 Development. 3

UNITED NATIONS POPULATION FUND

4

SEC. 7063. (a) CONTRIBUTION.—Of the funds made

5 available under the heading ‘‘International Organizations 6 and Programs’’ in this Act for fiscal year 2014, 7 $35,000,000 shall be made available for the United Na8 tions Population Fund (UNFPA). 9

(b) AVAILABILITY

OF

FUNDS.—Funds appropriated

10 by this Act for UNFPA, that are not made available for 11 UNFPA because of the operation of any provision of law, 12 shall be transferred to the ‘‘Global Health Programs’’ ac13 count and shall be made available for family planning, ma14 ternal, and reproductive health activities, subject to the 15 regular notification procedures of the Committees on Ap16 propriations. 17

(c) PROHIBITION

ON

USE

OF

FUNDS

IN

CHINA.—

18 None of the funds made available by this Act may be used 19 by UNFPA for a country program in the People’s Repub20 lic of China. 21

(d) CONDITIONS

ON

AVAILABILITY

OF

FUNDS.—

22 Funds made available by this Act for UNFPA may not 23 be made available unless— 24

(1) UNFPA maintains funds made available by

25

this Act in an account separate from other accounts

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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 5

(e) REPORT LAR

TO

CONGRESS

AND

DOLLAR-FOR-DOL-

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

23

SEC. 7064. (a) Whenever the President determines

24 that it is in furtherance of the purposes of the Foreign 25 Assistance Act of 1961, up to a total of $20,000,000 of

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1368 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 condi5 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 trans9 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 Appropria12 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

18

SEC. 7065. Funds appropriated under the headings

19 ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, 20 and ‘‘International Narcotics Control and Law Enforce21 ment’’ in this Act shall be made available, notwithstanding 22 section 660 of the Foreign Assistance Act of 1961, for 23 assistance to eliminate inhumane conditions in foreign 24 prisons and other detention facilities: Provided, That deci25 sions regarding the uses of such funds shall be the respon-

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1369 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 Nar4 cotics Control and Law Enforcement Affairs, and the As5 sistant Administrator for Democracy, Conflict, and Hu6 manitarian Assistance, United States Agency for Inter7 national Development, as appropriate: Provided further, 8 That the Assistant Secretary of State for DRL shall con9 sult with the Committees on Appropriations prior to the 10 obligation of funds. 11

PROHIBITION ON USE OF TORTURE

12

SEC. 7066. (a) None of the funds made available in

13 this Act may be used to support or justify the use of tor14 ture, cruel, or inhumane treatment by any official or con15 tract employee of the United States Government. 16

(b) Funds appropriated under title IV of this Act

17 shall be made available, notwithstanding section 660 of 18 the Foreign Assistance Act of 1961 and following con19 sultation with the Committees on Appropriations, for as20 sistance to eliminate torture by foreign police, military or 21 other security forces in countries receiving assistance from 22 funds appropriated by this Act. 23

EXTRADITION

24

SEC. 7067. (a) None of the funds appropriated in this

25 Act may be used to provide assistance (other than funds

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1370 1 provided under the headings ‘‘International Disaster As2 sistance’’, ‘‘Complex Crises Fund’’, ‘‘International Nar3 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 of10 fense for which the maximum penalty is life imprisonment 11 without the possibility of parole or for killing a law en12 forcement officer, as specified in a United States extra13 dition request. 14

(b) Subsection (a) shall only apply to the central gov-

15 ernment of a country with which the United States main16 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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1371 1

COMMERCIAL LEASING OF DEFENSE ARTICLES

2

SEC. 7068. Notwithstanding any other provision of

3 law, and subject to the regular notification procedures of 4 the Committees on Appropriations, the authority of sec5 tion 23(a) of the Arms Export Control Act may be used 6 to provide financing to Israel, Egypt, and the North Atlan7 tic Treaty Organization (NATO) and major non-NATO 8 allies for the procurement by leasing (including leasing 9 with an option to purchase) of defense articles from 10 United States commercial suppliers, not including Major 11 Defense Equipment (other than helicopters and other 12 types of aircraft having possible civilian application), if the 13 President determines that there are compelling foreign 14 policy or national security reasons for those defense arti15 cles being provided by commercial lease rather than by 16 government-to-government sale under such Act. 17

INDEPENDENT STATES OF THE FORMER SOVIET UNION

18

SEC. 7069. (a) None of the funds appropriated by

19 this Act under the headings ‘‘Global Health Programs’’, 20 ‘‘Economic Support Fund’’, and ‘‘International Narcotics 21 Control and Law Enforcement’’ shall be made available 22 for assistance for a government of an Independent State 23 of the former Soviet Union if that government directs any 24 action in violation of the territorial integrity or national 25 sovereignty of any other Independent State of the former

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1372 1 Soviet Union, such as those violations included in the Hel2 sinki Final Act: Provided, That such funds may be made 3 available without regard to the restriction in this sub4 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, not8 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 responsibil19 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

20

SEC. 7070. (a) The terms and conditions of sections

21 7086(b) (1) and (2) and 7090(a) of division F of Public 22 Law 111–117 shall apply to this Act. 23

(b) The Secretary of the Treasury shall instruct the

24 United States Executive Director of the International

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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 cal7 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

2

SEC. 7071. (a) Prior to the obligation of funds appro-

3 priated under title III of this Act that are available for 4 assistance for the central Government of the Russian Fed5 eration, the Secretary of State shall consult with the Com6 mittees on Appropriations on how such assistance sup7 ports the national interests of the United States. 8

(b)(1) Funds appropriated by this Act for assistance

9 to the Eastern Partnership countries (Armenia, Azer10 baijan, Belarus, Georgia, Moldova, and Ukraine) shall be 11 made available to advance the signing and implementation 12 of Association Agreements, trade agreements, and visa lib13 eralization agreements with the European Union, and to 14 reduce their vulnerability to external pressure not to enter 15 into such agreements with the European Union. 16

(2) Not later than 180 days after enactment of this

17 Act, the Secretary of State shall submit a report to the 18 Committees on Appropriations on actions taken by the 19 Government of the Russian Federation to apply pressure 20 on Eastern Partnership countries to prevent their further 21 integration with European institutions and harmonization 22 with European legal norms; an assessment of whether the 23 Government of the Russian Federation is violating its obli24 gations as a member of the World Trade Organization by 25 erecting non-tariff barriers against imports of goods from

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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 sov4 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 pri13 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 coun17 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 coun22 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 Govern2 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

11

SEC. 7072. None of the funds made available in this

12 Act may be used for first-class travel by employees of 13 agencies funded by this Act in contravention of sections 14 301–10.122 through 301–10.124 of title 41, Code of Fed15 eral Regulations. 16

LIMITATION ON CERTAIN AWARDS

17

SEC. 7073. (a) CONVICTIONS.—None of the funds

18 made available by this Act may be used to enter into a 19 contract, memorandum of understanding, or cooperative 20 agreement with, make a grant to, or provide a loan or 21 loan guarantee to, any corporation that was convicted of 22 a felony criminal violation under any Federal law within 23 the preceding 24 months, where the awarding agency has 24 direct knowledge of the conviction, unless a Federal agen25 cy has considered, in accordance with its procedures, that

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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 liabil8 ity that has been assessed for which all judicial and ad9 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 col12 lecting the tax liability, where the awarding agency has 13 direct knowledge of the unpaid tax liability, unless a Fed14 eral agency has considered, in accordance with its proce15 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

21

SEC. 7074. (a) None of the funds made available

22 under titles III through VI of this Act may be made avail23 able for Enterprise Funds unless the Committees on Ap24 propriations are notified at least fifteen days in advance.

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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 En3 terprise Fund, in whole or in part, the President shall sub4 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

15

SEC. 7075. None of the funds appropriated by this

16 Act may be obligated or expended to implement the Arms 17 Trade Treaty until the Senate approves a resolution of 18 ratification for the Treaty. 19

BUDGET DOCUMENTS

20

SEC. 7076. (a) OPERATING PLANS.—Not later than

21 30 days after the date of enactment of this Act, each de22 partment, agency, or organization funded in titles I and 23 II, and the Department of the Treasury and Independent 24 Agencies funded in title III of this Act, including the 25 Inter-American Foundation and the African Development

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1380 1 Foundation, shall submit to the Committees on Appropria2 tions an operating plan for funds appropriated to such de3 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 Ad9 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 avail12 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 ‘‘De8 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

21

SEC. 7077. Not to exceed $100,000,000 may be obli-

22 gated pursuant to section 51(c)(2) of the Arms Export 23 Control Act for the purposes of the Special Defense Acqui24 sition Fund (Fund), to remain available for obligation 25 until September 30, 2016: Provided, That the provision

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1382 1 of defense articles and defense services to foreign coun2 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

5

SEC. 7078. If the President makes a determination

6 not to comply with any provision of this Act on constitu7 tional grounds, the head of the relevant Federal agency 8 shall notify the Committees on Appropriations in writing 9 within 5 days of such determination, the basis for such 10 determination and any resulting changes to program and 11 policy. 12

DISABILITY PROGRAMS

13

SEC. 7079. (a) Funds appropriated by this Act under

14 the heading ‘‘Economic Support Fund’’ shall be made 15 available for programs and activities administered by the 16 United States Agency for International Development 17 (USAID) to address the needs and protect and promote 18 the rights of people with disabilities in developing coun19 tries, including initiatives that focus on independent living, 20 economic self-sufficiency, advocacy, education, employ21 ment, transportation, sports, and integration of individ22 uals with disabilities, including for the cost of translation. 23

(b) Of the funds made available by this section, up

24 to 7 percent may be for USAID for management, over25 sight, and technical support.

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1383 1

GLOBAL INTERNET FREEDOM

2

SEC. 7080. (a) Of the funds appropriated under titles

3 I and III of this Act, not less than $50,500,000 shall be 4 made available for programs to promote Internet freedom 5 globally: Provided, That such programs shall be prioritized 6 for countries whose governments restrict freedom of ex7 pression on the Internet, and that are important to the 8 national interests of the United States: Provided further, 9 That funds made available pursuant to this section shall 10 be matched, to the maximum extent practicable, by 11 sources other than the United States Government, includ12 ing from the private sector. 13

(b) Funds made available pursuant to subsection (a)

14 shall be— 15

(1) coordinated with other democracy, govern-

16

ance, and broadcasting programs funded by this Act

17

under the headings ‘‘International Broadcasting Op-

18

erations’’, ‘‘Economic Support Fund’’, ‘‘Democracy

19

Fund’’, and ‘‘Complex Crises Fund’’, and shall be

20

incorporated into country assistance, democracy pro-

21

motion, and broadcasting strategies, as appropriate;

22

(2) made available to the Bureau of Democracy,

23

Human Rights, and Labor, Department of State

24

and the United States Agency for International De-

25

velopment (USAID) for programs to implement the

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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

16

against bloggers and other users; and to enhance

17

digital security training and capacity building for de-

18

mocracy activists; and

organizations;

to

combat

violence

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 glob16 ally, which shall include a description of safeguards estab17 lished by relevant agencies to ensure that such programs 18 are not used for illicit purposes. 19

IMPACT ON JOBS IN THE UNITED STATES

20

SEC. 7081. None of the funds appropriated or other-

21 wise made available under titles III through VI of this 22 Act may be obligated or expended to provide— 23

(1) any financial incentive to a business enter-

24

prise currently located in the United States for the

25

purpose of inducing such an enterprise to relocate

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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

2

(INCLUDING RESCISSION OF FUNDS)

3

SEC. 7082. (a) DEATH GRATUITY.—Section 413 of

4 the Foreign Service Act of 1980 (22 U.S.C. 3973) is 5 amended— 6

(1) in subsection (a) by striking ‘‘at the time of

7

death’’ and inserting ‘‘at level II of the Executive

8

Schedule under section 5313 of title 5, United

9

States Code, at the time of death, except that for

10

employees compensated under local compensation

11

plans established under section 408 the amount shall

12

be equal to the greater of either one year’s salary at

13

the time of death, or one year’s basic salary at the

14

highest step of the highest grade on the local com-

15

pensation plan from which the employee was being

16

paid at the time of death’’;

17

(2) by redesignating subsections (b) and (d) as

18

subsections (d) and (e) respectively;

19

(3) by inserting after subsection (a) the fol-

20

lowing new subsection:

21

‘‘(b) OTHER EXECUTIVE AGENCIES.—The head of an

22 executive agency shall, pursuant to guidance issued under 23 subsection (c), make a death gratuity payment authorized 24 by this section to the survivors of any employee of that 25 agency or of an individual in a special category serving

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1389 1 in an uncompensated capacity for that agency, as identi2 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 mis5 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 pay13 ments to, survivors and beneficiaries of any employee or 14 of an individual in a special category serving in an uncom15 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 20

(b) LIFE INSURANCE

AND

EDUCATIONAL BENE-

FITS.—

21

(1) IN

GENERAL.—Chapter

4 of the Foreign

22

Service Act of 1980 (22 U.S.C. 3961 et seq.) is

23

amended by adding at the end the following new sec-

24

tions:

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1390 1

‘‘SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT APPLICA-

2

BLE TO THOSE KILLED IN TERRORIST AT-

3

TACKS.

4

‘‘(a) FOREIGN SERVICE EMPLOYEES.—

5

‘‘(1)

IN

GENERAL.—Notwithstanding

the

6

amounts specified in chapter 87 of title 5, United

7

States Code, a Foreign Service employee who dies as

8

a result of injuries sustained while on duty abroad

9

because of an act of terrorism, as defined in section

10

140(d) of the Foreign Relations Authorization Act,

11

Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),

12

shall be eligible for a payment from the United

13

States in an amount that, when added to the

14

amount of the employee’s employer-provided group

15

life insurance policy coverage (if any), equals

16

$400,000. In the case of an employee compensated

17

under a local compensation plan established under

18

section 408, the amount of such payment shall be

19

determined by regulations implemented by the Sec-

20

retary of State and shall be no greater than

21

$400,000.

22

‘‘(2) DESIGNATION

OF BENEFICIARY.—A

pay-

23

ment made under paragraph (1) shall be made in

24

accordance with the guidance issued under section

25

413(c).

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1391 1

‘‘(b) OTHER EXECUTIVE AGENCIES.—The head of an

2 executive agency shall provide the additional payment au3 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 serv6 ing in an uncompensated capacity for that agency who dies 7 as a result of injuries sustained while on duty abroad be8 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.

14

‘‘(a) FOREIGN SERVICE EMPLOYEES.—The Sec-

15 retary shall, pursuant to guidance issued under section 16 413(c), provide educational assistance to a beneficiary of 17 any United States national Foreign Service employee who 18 dies while on duty abroad as a result of an act of ter19 rorism, as defined in section 140(d) of the Foreign Rela20 tions Authorization Act, Fiscal Years 1998 and 1999 (22 21 U.S.C. 2656f(d)), to meet, in whole or in part, the ex22 penses incurred by the beneficiary in pursuing a program 23 of education at an educational institution, including sub24 sistence, tuition, fees, supplies, books, equipment, and 25 other educational costs.

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1392 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 ter6 rorism, as defined in section 140(d) of the Foreign Rela7 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 terrorist 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

15

FUNDS.—Amounts

16

ment of State pursuant to the sixth proviso under

17

the heading ‘‘Diplomatic and Consular Programs’’ in

18

title I of the Department of State, Foreign Oper-

19

ations, and Related Programs Appropriations Act,

20

2008 (division J of Public Law 110–161) are au-

21

thorized to be used by the Department of State to

22

pay benefits or payments made available pursuant to

23

this Act.

made available to the Depart-

24

(2) AVAILABILITY.—To pay benefits or pay-

25

ments made available pursuant to this Act, the Sec-

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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

14

$23,000,000 are rescinded.

15

operations,

and

related

programs,

PREADOPTION VISITATION REQUIREMENT

16

SEC. 7083. Section 101(b)(1)(F)(i) of the Immigra-

17 tion and Nationality Act (8 U.S.C. 1101(b)(1)(F)(i)) is 18 amended by striking ‘‘at least twenty-five years of age, 19 who personally saw and observed the child prior to or dur20 ing the adoption proceedings;’’ and inserting ‘‘who is at 21 least 25 years of age, at least 1 of whom personally saw 22 and observed the child before or during the adoption pro23 ceedings;’’.

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1395 1

TITLE VIII

2

OVERSEAS CONTINGENCY OPERATIONS

3

DEPARTMENT OF STATE

4

ADMINISTRATION

5

DIPLOMATIC AND CONSULAR PROGRAMS

6

(INCLUDING TRANSFER OF FUNDS)

7

OF

FOREIGN AFFAIRS

For an additional amount for ‘‘Diplomatic and Con-

8 sular Programs’’, $1,391,109,000, to remain available 9 until September 30, 2015, of which $900,274,000 is for 10 Worldwide Security Protection and shall remain available 11 until expended: Provided, That the Secretary of State may 12 transfer up to $100,000,000 of the total funds made avail13 able under this heading to any other appropriation of any 14 department or agency of the United States, upon the con15 currence of the head of such department or agency, to sup16 port operations in and assistance for Afghanistan and to 17 carry out the provisions of the Foreign Assistance Act of 18 1961: Provided further, That any such transfer shall be 19 treated as a reprogramming of funds under subsections 20 (a) and (b) of section 7015 of this Act and shall not be 21 available for obligation or expenditure except in compli22 ance with the procedures set forth in that section: Pro23 vided further, That such amount is designated by the Con24 gress for Overseas Contingency Operations/Global War on

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1396 1 Terrorism pursuant to section 251(b)(2)(A) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3

CONFLICT STABILIZATION OPERATIONS

4

For an additional amount for ‘‘Conflict Stabilization

5 Operations’’, $8,500,000, to remain available until ex6 pended: Provided, That such amount is designated by the 7 Congress for Overseas Contingency Operations/Global 8 War on Terrorism pursuant to section 251(b)(2)(A) of the 9 Balanced Budget and Emergency Deficit Control Act of 10 1985. 11

OFFICE OF INSPECTOR GENERAL

12

For an additional amount for ‘‘Office of Inspector

13 General’’, $49,650,000, to remain available until Sep14 tember 30, 2015, which shall be for the Special Inspector 15 General for Afghanistan Reconstruction for reconstruction 16 oversight: Provided, That such amount is designated by 17 the Congress for Overseas Contingency Operations/Global 18 War on Terrorism pursuant to section 251(b)(2)(A) of the 19 Balanced Budget and Emergency Deficit Control Act of 20 1985. 21

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

22

For an additional amount for ‘‘Educational and Cul-

23 tural Exchange Programs’’, as authorized, $8,628,000, to 24 remain available until September 30, 2015: Provided, 25 That such amount is designated by the Congress for Over-

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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

5

For an additional amount for ‘‘Embassy Security,

6 Construction, and Maintenance’’, $275,000,000, to re7 main available until expended: Provided, That such 8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 10 section 251(b)(2)(A) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 12

INTERNATIONAL ORGANIZATIONS

13

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

14

For an additional amount for ‘‘Contributions to

15 International Organizations’’, $74,400,000: Provided, 16 That such amount is designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism 18 pursuant to section 251(b)(2)(A) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20

RELATED AGENCY

21

BROADCASTING BOARD

22

OF

GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

23

For an additional amount for ‘‘International Broad-

24 casting Operations’’, $4,400,000, to remain available until 25 September 30, 2015: Provided, That such amount is des-

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1398 1 ignated by the Congress for Overseas Contingency Oper2 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

7

OF

PEACE

For an additional amount for ‘‘United States Insti-

8 tute of Peace’’, $6,016,000, to remain available until Sep9 tember 30, 2015: Provided, That such amount is des10 ignated by the Congress for Overseas Contingency Oper11 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

17

TO THE

PRESIDENT

OPERATING EXPENSES

18

For an additional amount for ‘‘Operating Expenses’’,

19 $81,000,000, to remain available until September 30, 20 2015: Provided, That such amount is designated by the 21 Congress for Overseas Contingency Operations/Global 22 War on Terrorism pursuant to section 251(b)(2)(A) of the 23 Balanced Budget and Emergency Deficit Control Act of 24 1985.

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1399 1

OFFICE OF INSPECTOR GENERAL

2

For an additional amount for ‘‘Office of Inspector

3 General’’, $10,038,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 7 251(b)(2)(A) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9

BILATERAL ECONOMIC ASSISTANCE

10

FUNDS APPROPRIATED

11

TO THE

PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

12

For an additional amount for ‘‘International Disaster

13 Assistance’’, $924,172,000, to remain available until ex14 pended: Provided, That such amount is designated by the 15 Congress for Overseas Contingency Operations/Global 16 War on Terrorism pursuant to section 251(b)(2)(A) of the 17 Balanced Budget and Emergency Deficit Control Act of 18 1985. 19

TRANSITION INITIATIVES

20

For an additional amount for ‘‘Transition Initia-

21 tives’’, $9,423,000, to remain available until September 22 30, 2015: Provided, That such amount is designated by 23 the Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A) of the

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1400 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3

COMPLEX CRISES FUND

4

For an additional amount for ‘‘Complex Crises

5 Fund’’, $20,000,000, to remain available until September 6 30, 2015: Provided, That such amount is designated by 7 the Congress for Overseas Contingency Operations/Global 8 War on Terrorism pursuant to section 251(b)(2)(A) of the 9 Balanced Budget and Emergency Deficit Control Act of 10 1985. 11

ECONOMIC SUPPORT FUND

12

For an additional amount for ‘‘Economic Support

13 Fund’’, $1,656,215,000, to remain available until Sep14 tember 30, 2015: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19

DEPARTMENT

20

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

21

For an additional amount for ‘‘Migration and Ref-

22 ugee Assistance’’, $1,284,355,000, to remain available 23 until expended: Provided, That such amount is designated 24 by the Congress for Overseas Contingency Operations/ 25 Global

War

on

Terrorism

pursuant

to

section

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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

7

For an additional amount for ‘‘International Nar-

8 cotics Control and Law Enforcement’’, $344,390,000, to 9 remain available until September 30, 2015: Provided, 10 That such amount is designated by the Congress for Over11 seas Contingency Operations/Global War on Terrorism 12 pursuant to section 251(b)(2)(A) of the Balanced Budget 13 and Emergency Deficit Control Act of 1985. 14

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15

RELATED PROGRAMS

16

For an additional amount for ‘‘Nonproliferation,

17 Anti-terrorism,

Demining

and

Related

Programs’’,

18 $70,000,000, to remain available until September 30, 19 2015: Provided, That such amount is designated by the 20 Congress for Overseas Contingency Operations/Global 21 War on Terrorism pursuant to section 251(b)(2)(A) of the 22 Balanced Budget and Emergency Deficit Control Act of 23 1985.

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1402 1

PEACEKEEPING OPERATIONS

2

For an additional amount for ‘‘Peacekeeping Oper-

3 ations’’, $200,000,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 7 251(b)(2)(A) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985: Provided further, That of the 9 funds available for obligation under this heading in this 10 Act and in prior Acts making appropriations for the De11 partment of State, foreign operations, and related pro12 grams, up to $194,000,000 may be used to pay assessed 13 expenses of international peacekeeping activities in Soma14 lia. 15

FUNDS APPROPRIATED

16

TO THE

PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

17

For an additional amount for ‘‘Foreign Military Fi-

18 nancing Program’’, $530,000,000, to remain available 19 until September 30, 2015: Provided, That such amount 20 is designated by the Congress for Overseas Contingency 21 Operations/Global War on Terrorism pursuant to section 22 251(b)(2)(A) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985.

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1403 1

GENERAL PROVISIONS

2

ADDITIONAL APPROPRIATIONS

3

SEC. 8001. Notwithstanding any other provision of

4 law, funds appropriated in this title are in addition to 5 amounts appropriated or otherwise made available in this 6 Act for fiscal year 2014. 7

EXTENSION OF AUTHORITIES AND CONDITIONS

8

SEC. 8002. Unless otherwise provided for in this Act,

9 the additional amounts appropriated by this title to appro10 priations accounts in this Act shall be available under the 11 authorities and conditions applicable to such appropria12 tions accounts. 13

TRANSFER AUTHORITY

14

SEC. 8003. (a) Funds appropriated by this title in

15 this Act under the headings ‘‘Diplomatic and Consular 16 Programs’’ and ‘‘Embassy Security, Construction, and 17 Maintenance’’ may be transferred to, and merged with, 18 funds appropriated by this title under such headings. 19

(b) Funds appropriated by this title in this Act under

20 the headings ‘‘Economic Support Fund’’, ‘‘International 21 Narcotics Control and Law Enforcement’’, ‘‘Nonprolifera22 tion, Anti-terrorism, Demining and Related Programs’’, 23 ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Fi24 nancing Program’’ may be transferred to, and merged 25 with—

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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 ex10 ceed $10,000,000 from funds appropriated under the 11 heading ‘‘International Narcotics Control and Law En12 forcement’’, and not to exceed $50,000,000 from funds 13 appropriated under the heading ‘‘Foreign Military Financ14 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 trans19 ferred, such amounts may be transferred back to such ap20 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 pre3 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 ex12 ceed 15 percent of any appropriation made available for 13 the current fiscal year by this title and no such appropria14 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, in21 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

2

SEC. 8004. Of the unobligated balances available

3 from prior Acts making appropriations for the Depart4 ment of State, foreign operations, and related programs 5 under the heading ‘‘Diplomatic and Consular Programs’’ 6 and designated by the Congress for Overseas Contingency 7 Operations/Global War on Terrorism pursuant to section 8 251(b)(2)(A) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985, $427,296,000 are rescinded: 10 Provided, That no amounts may be rescinded from 11 amounts that were designated for Worldwide Security 12 Protection. 13

This division may be cited as the ‘‘Department of

14 State, Foreign Operations, and Related Programs Appro15 priations Act, 2014’’.

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1407 1 DIVISION L—TRANSPORTATION, HOUSING 2

AND URBAN DEVELOPMENT, AND RE-

3

LATED

4

ACT, 2014

AGENCIES

APPROPRIATIONS

5

TITLE I

6

DEPARTMENT OF TRANSPORTATION

7

OFFICE

8

OF THE

SECRETARY

SALARIES AND EXPENSES

9

For necessary expenses of the Office of the Secretary,

10 $107,000,000, of which not to exceed $2,652,000 shall be 11 available for the immediate Office of the Secretary; not 12 to exceed $1,000,000 shall be available for the immediate 13 Office of the Deputy Secretary; not to exceed $19,900,000 14 shall be available for the Office of the General Counsel; 15 not to exceed $10,271,000 shall be available for the Office 16 of the Under Secretary of Transportation for Policy; not 17 to exceed $12,676,000 shall be available for the Office of 18 the Assistant Secretary for Budget and Programs; not to 19 exceed $2,530,000 shall be available for the Office of the 20 Assistant Secretary for Governmental Affairs; not to ex21 ceed $26,378,000 shall be available for the Office of the 22 Assistant Secretary for Administration; not to exceed 23 $2,020,000 shall be available for the Office of Public Af24 fairs; not to exceed $1,714,000 shall be available for the 25 Office of the Executive Secretariat; not to exceed

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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 Intel4 ligence, Security, and Emergency Response; and not to ex5 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 appro8 priated for any office of the Office of the Secretary to any 9 other office of the Office of the Secretary: Provided fur10 ther, That no appropriation for any office shall be in11 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 ap14 proval to the House and Senate Committees on Appropria15 tions: Provided further, That not to exceed $60,000 shall 16 be for allocation within the Department for official recep17 tion and representation expenses as the Secretary may de18 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 fur22 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

2

For necessary expenses related to the Office of the

3 Assistant Secretary for Research and Technology, 4 $14,765,000, of which $8,218,000 shall remain available 5 until September 30, 2016: Provided, That there may be 6 credited to this appropriation, to be available until ex7 pended, funds received from States, counties, municipali8 ties, other public authorities, and private sources for ex9 penses incurred for training: Provided further, That not10 withstanding any other provision of law, the powers and 11 duties, functions, authorities and personnel of the Re12 search and Innovative Technology Administration are 13 hereby transferred to the Office of the Assistant Secretary 14 for Research and Technology in the Office of the Sec15 retary: Provided further, That notwithstanding section 102 16 of title 49 and section 5315 of title 5, United States Code, 17 there shall be an Assistant Secretary for Research and 18 Technology within the Office of the Secretary, appointed 19 by the President with the advice and consent of the Sen20 ate, to lead such office: Provided further, That any ref21 erence in law, regulation, judicial proceedings, or else22 where to the Research and Innovative Technology Admin23 istration shall be deemed to be a reference to the Office 24 of the Assistant Secretary for Research and Technology 25 of the Department of Transportation.

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1410 1

NATIONAL INFRASTRUCTURE INVESTMENTS

2

For capital investments in surface transportation in-

3 frastructure, $600,000,000, to remain available through 4 September 30, 2016: Provided, That the Secretary of 5 Transportation shall distribute funds provided under this 6 heading as discretionary grants to be awarded to a State, 7 local government, transit agency, or a collaboration among 8 such entities on a competitive basis for projects that will 9 have a significant impact on the Nation, a metropolitan 10 area, or a region: Provided further, That projects eligible 11 for funding provided under this heading shall include, but 12 not be limited to, highway or bridge projects eligible under 13 title 23, United States Code; public transportation 14 projects eligible under chapter 53 of title 49, United 15 States Code; passenger and freight rail transportation 16 projects; and port infrastructure investments: Provided 17 further, That the Secretary may use up to 35 percent of 18 the funds made available under this heading for the pur19 pose of paying the subsidy and administrative costs of 20 projects eligible for Federal credit assistance under chap21 ter 6 of title 23, United States Code, if the Secretary finds 22 that such use of the funds would advance the purposes 23 of this paragraph: Provided further, That in distributing 24 funds provided under this heading, the Secretary shall 25 take such measures so as to ensure an equitable geo-

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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 re13 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: Pro17 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 de23 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 pro2 vided under this heading must comply with the require3 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 por9 tions of those funds to the Administrators of the Federal 10 Highway Administration, the Federal Transit Administra11 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

16

For necessary expenses for upgrading and enhancing

17 the Department of Transportation’s financial systems and 18 re-engineering business processes, $7,000,000, to remain 19 available through September 30, 2015. 20

CYBER SECURITY INITIATIVES

21

For necessary expenses for cyber security initiatives,

22 including necessary upgrades to wide area network and 23 information technology infrastructure, improvement of 24 network perimeter controls and identity management, 25 testing and assessment of information technology against

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1413 1 business, security, and other requirements, implementa2 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 re6 main available through September 30, 2015. 7

OFFICE OF CIVIL RIGHTS

8

For necessary expenses of the Office of Civil Rights,

9 $9,551,000. 10

TRANSPORTATION PLANNING, RESEARCH, AND

11

DEVELOPMENT

12

(INCLUDING RESCISSIONS)

13

For necessary expenses for conducting transportation

14 planning, research, systems development, development ac15 tivities, and making grants, to remain available until ex16 pended, $7,000,000: Provided, That of the unobligated 17 balances made available by Public Law 111–117, 18 $750,000 are hereby rescinded: Provided further, That of 19 the unobligated balances made available by section 195 of 20 Public Law 111–117, $2,000,000 are hereby rescinded. 21

WORKING CAPITAL FUND

22

For necessary expenses for operating costs and cap-

23 ital outlays of the Working Capital Fund, not to exceed 24 $178,000,000 shall be paid from appropriations made 25 available to the Department of Transportation: Provided,

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1414 1 That such services shall be provided on a competitive basis 2 to entities within the Department of Transportation: Pro3 vided further, That the above limitation on operating ex4 penses shall not apply to non-DOT entities: Provided fur5 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 assess12 ments and the basis therefor are presented to the House 13 and Senate Committees on Appropriations and are ap14 proved by such Committees. 15

MINORITY BUSINESS RESOURCE CENTER PROGRAM

16

For the cost of guaranteed loans, $333,000, as au-

17 thorized by 49 U.S.C. 332: Provided, That such costs, in18 cluding the cost of modifying such loans, shall be as de19 fined in section 502 of the Congressional Budget Act of 20 1974: Provided further, That these funds are available to 21 subsidize total loan principal, any part of which is to be 22 guaranteed, not to exceed $18,367,000. 23

In addition, for administrative expenses to carry out

24 the guaranteed loan program, $592,000.

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1415 1

MINORITY BUSINESS OUTREACH

2

For necessary expenses of Minority Business Re-

3 source Center outreach activities, $3,088,000, to remain 4 available until September 30, 2015: Provided, That not5 withstanding 49 U.S.C. 332, these funds may be used for 6 business opportunities related to any mode of transpor7 tation. 8

PAYMENTS TO AIR CARRIERS

9

(AIRPORT AND AIRWAY TRUST FUND)

10

In addition to funds made available from any other

11 source to carry out the essential air service program under 12 49 U.S.C. 41731 through 41742, $149,000,000, to be de13 rived from the Airport and Airway Trust Fund, to remain 14 available until expended: Provided, That in determining 15 between or among carriers competing to provide service 16 to a community, the Secretary may consider the relative 17 subsidy requirements of the carriers: Provided further, 18 That basic essential air service minimum requirements 19 shall not include the 15-passenger capacity requirement 20 under subsection 41732(b)(3) of title 49, United States 21 Code: Provided further, That none of the funds in this Act 22 or any other Act shall be used to enter into a new contract 23 with a community located less than 40 miles from the 24 nearest small hub airport before the Secretary has nego25 tiated with the community over a local cost share.

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1416 1

ADMINISTRATIVE PROVISIONS—OFFICE OF THE

2

SECRETARY OF TRANSPORTATION

3

SEC. 101. None of the funds made available in this

4 Act to the Department of Transportation may be obligated 5 for the Office of the Secretary of Transportation to ap6 prove assessments or reimbursable agreements pertaining 7 to funds appropriated to the modal administrations in this 8 Act, except for activities underway on the date of enact9 ment of this Act, unless such assessments or agreements 10 have completed the normal reprogramming process for 11 Congressional notification. 12

SEC. 102. The Secretary or his designee may engage

13 in activities with States and State legislators to consider 14 proposals related to the reduction of motorcycle fatalities. 15

SEC. 103. Notwithstanding section 3324 of title 31,

16 United States Code, in addition to authority provided by 17 section 327 of title 49, United States Code, the Depart18 ment’s Working Capital Fund is hereby authorized to pro19 vide payments in advance to vendors that are necessary 20 to carry out the Federal transit pass transportation fringe 21 benefit program under Executive Order 13150 and section 22 3049 of Public Law 109–59: Provided, That the Depart23 ment shall include adequate safeguards in the contract 24 with the vendors to ensure timely and high-quality per25 formance under the contract.

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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

8

(AIRPORT AND AIRWAY TRUST FUND)

9

For necessary expenses of the Federal Aviation Ad-

10 ministration, not otherwise provided for, including oper11 ations and research activities related to commercial space 12 transportation, administrative expenses for research and 13 development, establishment of air navigation facilities, the 14 operation (including leasing) and maintenance of aircraft, 15 subsidizing the cost of aeronautical charts and maps sold 16 to the public, lease or purchase of passenger motor vehi17 cles for replacement only, in addition to amounts made 18 available by Public Law 108–176, $9,651,422,000, of 19 which $6,495,208,000 shall be derived from the Airport 20 and Airway Trust Fund, of which not to exceed 21 $7,311,790,000 shall be available for air traffic organiza22 tion activities; not to exceed $1,204,777,000 shall be avail23 able for aviation safety activities; not to exceed 24 $16,011,000 shall be available for commercial space trans25 portation activities; not to exceed $762,462,000 shall be

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1418 1 available for finance and management activities; not to ex2 ceed $59,782,000 shall be available for NextGen and oper3 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 compli13 ance with the procedures set forth in that section: Pro14 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 up17 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 Con22 gress: Provided further, That not later than March 31 of 23 each fiscal year hereafter, the Administrator shall trans24 mit to Congress a companion report that describes a com25 prehensive strategy for staffing, hiring, and training flight

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1419 1 standards and aircraft certification staff in a format simi2 lar to the one utilized for the controller staffing plan, in3 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 appli12 cants for the second career training program: Provided 13 further, That none of the funds in this Act shall be avail14 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 offset19 ting collections funds received from States, counties, mu20 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

10

(AIRPORT AND AIRWAY TRUST FUND)

11

For necessary expenses, not otherwise provided for,

12 for acquisition, establishment, technical support services, 13 improvement by contract or purchase, and hire of national 14 airspace systems and experimental facilities and equip15 ment, as authorized under part A of subtitle VII of title 16 49, United States Code, including initial acquisition of 17 necessary sites by lease or grant; engineering and service 18 testing, including construction of test facilities and acqui19 sition of necessary sites by lease or grant; construction 20 and furnishing of quarters and related accommodations 21 for officers and employees of the Federal Aviation Admin22 istration stationed at remote localities where such accom23 modations are not available; and the purchase, lease, or 24 transfer of aircraft from funds available under this head25 ing, including aircraft for aviation regulation and certifi-

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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 re3 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 appro6 priation funds received from States, counties, municipali7 ties, other public authorities, and private sources, for ex8 penses incurred in the establishment, improvement, and 9 modernization of national airspace systems: Provided fur10 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 com13 prehensive capital investment plan for the Federal Avia14 tion Administration which includes funding for each budg15 et line item for fiscal years 2015 through 2019, with total 16 funding for each year of the plan constrained to the fund17 ing targets for those years as estimated and approved by 18 the Office of Management and Budget. 19

RESEARCH, ENGINEERING, AND DEVELOPMENT

20

(AIRPORT AND AIRWAY TRUST FUND)

21

(INCLUDING RESCISSION)

22

For necessary expenses, not otherwise provided for,

23 for research, engineering, and development, as authorized 24 under part A of subtitle VII of title 49, United States 25 Code, including construction of experimental facilities and

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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 appro5 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: Pro9 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

13

(LIQUIDATION OF CONTRACT AUTHORIZATION)

14

(LIMITATION ON OBLIGATIONS)

15

(AIRPORT AND AIRWAY TRUST FUND)

16

(INCLUDING TRANSFER OF FUNDS)

17

For liquidation of obligations incurred for grants-in-

18 aid for airport planning and development, and noise com19 patibility planning and programs as authorized under sub20 chapter I of chapter 471 and subchapter I of chapter 475 21 of title 49, United States Code, and under other law au22 thorizing such obligations; for procurement, installation, 23 and commissioning of runway incursion prevention devices 24 and systems at airports of such title; for grants authorized 25 under section 41743 of title 49, United States Code; and

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1423 1 for inspection activities and administration of airport safe2 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 ex6 pended: Provided, That none of the funds under this head7 ing shall be available for the planning or execution of pro8 grams the obligations for which are in excess of 9 $3,350,000,000 in fiscal year 2014, notwithstanding sec10 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 sys13 tems, reconfiguration of terminal baggage areas, or other 14 airport improvements that are necessary to install bulk ex15 plosive detection systems: Provided further, That notwith16 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 sec19 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 con23 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 ‘‘Of6 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

10

SEC. 110. None of the funds in this Act may be used

11 to compensate in excess of 600 technical staff-years under 12 the federally funded research and development center con13 tract between the Federal Aviation Administration and the 14 Center for Advanced Aviation Systems Development dur15 ing fiscal year 2014. 16

SEC. 111. None of the funds in this Act shall be used

17 to pursue or adopt guidelines or regulations requiring air18 port sponsors to provide to the Federal Aviation Adminis19 tration without cost building construction, maintenance, 20 utilities and expenses, or space in airport sponsor-owned 21 buildings for services relating to air traffic control, air 22 navigation, or weather reporting: Provided, That the pro23 hibition of funds in this section does not apply to negotia24 tions between the agency and airport sponsors to achieve 25 agreement on ‘‘below-market’’ rates for these items or to

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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 facili3 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 ac8 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 Ad19 ministration employee unless such employee actually per20 formed work during the time corresponding to such pre21 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 certifi25 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 Adminis16 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 al20 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 Administra2 tion, a blocking of that owner’s or operator’s aircraft reg3 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 Ad11 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 pro15 vides to the House and Senate Committees on Appropria16 tions the report related to aeronautical navigation prod17 ucts described in the explanatory statement described in 18 section 4 (in the matter preceding division A of this con19 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 heli6 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) con11 tinue to participate in collaborative engagement between 12 community representatives and helicopter operators: Pro13 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 un18 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 Appro22 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 speci6 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

11

(HIGHWAY TRUST FUND)

12

(INCLUDING TRANSFER OF FUNDS)

13

Not to exceed $416,100,000, together with advances

14 and reimbursements received by the Federal Highway Ad15 ministration, shall be paid in accordance with law from 16 appropriations made available by this Act to the Federal 17 Highway Administration for necessary expenses for ad18 ministration and operation. In addition, not to exceed 19 $3,248,000 shall be paid from appropriations made avail20 able by this Act and transferred to the Appalachian Re21 gional Commission in accordance with section 104 of title 22 23, United States Code.

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1430 1

FEDERAL-AID HIGHWAYS

2

(LIMITATION ON OBLIGATIONS)

3

(HIGHWAY TRUST FUND)

4

Funds available for the implementation or execution

5 of programs of Federal-aid highways and highway safety 6 construction programs authorized under titles 23 and 49, 7 United States Code, and the provisions of Public Law 8 112–141

shall

not

exceed

total

obligations

of

9 $40,256,000,000 for fiscal year 2014: Provided, That the 10 Secretary may collect and spend fees, as authorized by 11 title 23, United States Code, to cover the costs of services 12 of expert firms, including counsel, in the field of municipal 13 and project finance to assist in the underwriting and serv14 icing of Federal credit instruments and all or a portion 15 of the costs to the Federal Government of servicing such 16 credit instruments: Provided further, That such fees are 17 available until expended to pay for such costs: Provided 18 further, That such amounts are in addition to administra19 tive expenses that are also available for such purpose, and 20 are not subject to any obligation limitation or the limita21 tion on administrative expenses under section 608 of title 22 23, United States Code.

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1431 1

(LIQUIDATION OF CONTRACT AUTHORIZATION)

2

(HIGHWAY TRUST FUND)

3

For the payment of obligations incurred in carrying

4 out Federal-aid highways and highway safety construction 5 programs authorized under title 23, United States Code, 6 $40,995,000,000 derived from the Highway Trust Fund 7 (other than the Mass Transit Account), to remain avail8 able until expended. 9

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

10

ADMINISTRATION

11

SEC. 120. (a) For fiscal year 2014, the Secretary of

12 Transportation shall— 13

(1) not distribute from the obligation limitation

14

for Federal-aid highways—

15

(A) amounts authorized for administrative

16

expenses and programs by section 104(a) of

17

title 23, United States Code; and

18

(B) amounts authorized for the Bureau of

19

Transportation Statistics;

20

(2) not distribute an amount from the obliga-

21

tion limitation for Federal-aid highways that is equal

22

to the unobligated balance of amounts—

23

(A) made available from the Highway

24

Trust Fund (other than the Mass Transit Ac-

25

count) for Federal-aid highway and highway

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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

8

OF

THORITY.—Notwithstanding

UNUSED OBLIGATION AU-

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

23 TRANSPORTATION RESEARCH PROGRAMS.— 24

(1) IN

25

GENERAL.—Except

as provided in para-

graph (2), the obligation limitation for Federal-aid

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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 pur19 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 obliga23 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 require3 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

5

high-occupancy vehicle lane that is converted to a

6

toll lane shall not be subject to this section, and

7

shall not be considered to be a nontoll lane for pur-

8

poses of determining whether a highway will have

9

fewer nontoll lanes than prior to the date of imposi-

10

tion of the toll, if—

11

(A) high-occupancy vehicles occupied by

12

the number of passengers specified by the enti-

13

ty operating the toll lane may use the toll lane

14

without paying a toll, unless otherwise specified

15

by the appropriate county, town, municipal or

16

other local government entity, or public toll

17

road or transit authority; or

18

(B) each high-occupancy vehicle lane that

19

was converted to a toll lane was constructed as

20

a temporary lane to be replaced by a toll lane

21

under a plan approved by the appropriate coun-

22

ty, town, municipal or other local government

23

entity, or public toll road or transit authority.

24

SEC. 124. None of the funds in this Act to the De-

25 partment of Transportation may be used to provide credit

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1441 1 assistance unless not less than 3 days before any applica2 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 Rep10 resentatives: Provided, That such notification shall in11 clude, but not be limited to, the name of the project spon12 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 fis19 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

3

(LIQUIDATION OF CONTRACT AUTHORIZATION)

4

(LIMITATION ON OBLIGATIONS)

5

(HIGHWAY TRUST FUND)

6

For payment of obligations incurred in the implemen-

7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31104(i) 9 of title 49, United States Code, and sections 4127 and 10 4134 of Public Law 109–59, as amended by Public Law 11 112–141, $259,000,000, to be derived from the Highway 12 Trust Fund (other than the Mass Transit Account), to13 gether with advances and reimbursements received by the 14 Federal Motor Carrier Safety Administration, the sum of 15 which shall remain available until expended: Provided, 16 That funds available for implementation, execution or ad17 ministration of motor carrier safety operations and pro18 grams authorized under title 49, United States Code, shall 19 not exceed total obligations of $259,000,000 for ‘‘Motor 20 Carrier Safety Operations and Programs’’ for fiscal year 21 2014, of which $9,000,000, to remain available for obliga22 tion until September 30, 2016, is for the research and 23 technology program, and of which $1,000,000 shall be 24 available for commercial motor vehicle operator’s grants 25 to carry out section 4134 of Public Law 109–59, and of

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1443 1 which $34,545,000, to remain available for obligation until 2 September 30, 2016, is for information management: Pro3 vided further, That the Federal Motor Carrier Safety Ad4 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)

9

(HIGHWAY TRUST FUND)

10

Of the unobligated contract authority provided in the

11 Transportation Equity Act for the 21st Century (Public 12 Law 105–178) or other appropriation or authorization 13 acts for the national motor carrier safety program, 14 $13,000,000 shall be made available for the modernization 15 and maintenance of border facilities and the total limita16 tion of these obligations shall not exceed $13,000,000. 17

MOTOR CARRIER SAFETY GRANTS

18

(LIQUIDATION OF CONTRACT AUTHORIZATION)

19

(LIMITATION ON OBLIGATIONS)

20

(HIGHWAY TRUST FUND)

21

For payment of obligations incurred in carrying out

22 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 23 31313 of title 49, United States Code, and sections 4126 24 and 4128 of Public Law 109–59, as amended by Public 25 Law 112–141, $313,000,000, to be derived from the

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1444 1 Highway Trust Fund (other than the Mass Transit Ac2 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 ob5 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 avail10 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 avail13 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: Pro16 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

21

SEC. 130. Funds appropriated or limited in this Act

22 shall be subject to the terms and conditions stipulated in 23 section 350 of Public Law 107–87 and section 6901 of 24 Public Law 110–28.

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1445 1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 2

OPERATIONS AND RESEARCH

3

For expenses necessary to discharge the functions of

4 the Secretary, with respect to traffic and highway safety 5 authorized under chapter 301 and part C of subtitle VI 6 of title 49, United States Code, $134,000,000, of which 7 $20,000,000 shall remain available through September 8 30, 2015. 9

OPERATIONS AND RESEARCH

10

(LIQUIDATION OF CONTRACT AUTHORIZATION)

11

(LIMITATION ON OBLIGATIONS)

12

(HIGHWAY TRUST FUND)

13

For payment of obligations incurred in carrying out

14 the provisions of 23 U.S.C. 403, and chapter 303 of title 15 49, United States Code, $123,500,000, to be derived from 16 the Highway Trust Fund (other than the Mass Transit 17 Account) and to remain available until expended: Pro18 vided, That none of the funds in this Act shall be available 19 for the planning or execution of programs the total obliga20 tions for which, in fiscal year 2014, are in excess of 21 $123,500,000, of which $118,500,000 shall be for pro22 grams authorized under 23 U.S.C. 403 and $5,000,000 23 shall be for the National Driver Register authorized under 24 chapter 303 of title 49, United States Code: Provided fur25 ther, That within the $118,500,000 obligation limitation

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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 addi3 tion to the amount of any limitation imposed on obliga4 tions for future years: Provided further, That $5,000,000 5 of the total obligation limitation for operations and re6 search in fiscal year 2014 shall be applied toward unobli7 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

11

(LIQUIDATION OF CONTRACT AUTHORIZATION)

12

(LIMITATION ON OBLIGATIONS)

13

(HIGHWAY TRUST FUND)

14

For payment of obligations incurred in carrying out

15 provisions of 23 U.S.C. 402 and 405, section 2009 of Pub16 lic Law 109–59, as amended by Public Law 112–141, and 17 section 31101(a)(6) of Public Law 112–141, to remain 18 available until expended, $561,500,000, to be derived from 19 the Highway Trust Fund (other than the Mass Transit 20 Account): Provided, That none of the funds in this Act 21 shall be available for the planning or execution of pro22 grams the total obligations for which, in fiscal year 2014, 23 are in excess of $561,500,000 for programs authorized 24 under 23 U.S.C. 402 and 405, section 2009 of Public Law 25 109–59, as amended by Public Law 112–141, and section

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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 pro25 viso or under 23 U.S.C. 405(a)(1)(G) within 60 days.

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1448 1

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2

TRAFFIC SAFETY ADMINISTRATION

3

SEC. 140. An additional $130,000 shall be made

4 available to the National Highway Traffic Safety Adminis5 tration, out of the amount limited for section 402 of title 6 23, United States Code, to pay for travel and related ex7 penses for State management reviews and to pay for core 8 competency development training and related expenses for 9 highway safety staff. 10

SEC. 141. The limitations on obligations for the pro-

11 grams of the National Highway Traffic Safety Adminis12 tration set in this Act shall not apply to obligations for 13 which obligation authority was made available in previous 14 public laws but only to the extent that the obligation au15 thority has not lapsed or been used. 16

SEC. 142. None of the funds in this Act shall be used

17 to implement section 404 of title 23, United States Code. 18

FEDERAL RAILROAD ADMINISTRATION

19

SAFETY AND OPERATIONS

20

For necessary expenses of the Federal Railroad Ad-

21 ministration, not otherwise provided for, $184,500,000, of 22 which $12,400,000 shall remain available until expended.

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1449 1

RAILROAD RESEARCH AND DEVELOPMENT

2

For necessary expenses for railroad research and de-

3 velopment, $35,250,000, to remain available until ex4 pended. 5

RAILROAD REHABILITATION AND IMPROVEMENT

6

FINANCING PROGRAM

7

The Secretary of Transportation is authorized to

8 issue direct loans and loan guarantees pursuant to sec9 tions 501 through 504 of the Railroad Revitalization and 10 Regulatory Reform Act of 1976 (Public Law 94–210), as 11 amended, such authority to exist as long as any such di12 rect loan or loan guarantee is outstanding: Provided, That, 13 pursuant to section 502 of such Act, as amended, no new 14 direct loans or loan guarantee commitments shall be made 15 using Federal funds for the credit risk premium during 16 fiscal year 2014. 17

OPERATING GRANTS TO THE NATIONAL RAILROAD

18

PASSENGER CORPORATION

19

To enable the Secretary of Transportation to make

20 quarterly grants to the National Railroad Passenger Cor21 poration, in amounts based on the Secretary’s assessment 22 of the Corporation’s seasonal cash flow requirements, for 23 the operation of intercity passenger rail, as authorized by 24 section 101 of the Passenger Rail Investment and Im25 provement Act of 2008 (division B of Public Law 110–

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1450 1 432), $340,000,000, to remain available until expended: 2 Provided, That the amounts available under this para3 graph shall be available for the Secretary to approve fund4 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 re7 quest shall be accompanied by a detailed financial anal8 ysis, revenue projection, and capital expenditure projection 9 justifying the Federal support to the Secretary’s satisfac10 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 com17 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 com22 prehensive fleet plan: Provided further, That the Corpora23 tion shall provide monthly performance reports in an elec24 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 supple6 mental reports or plans comply with requirements in Pub7 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

16

RAILROAD PASSENGER CORPORATION

17

To enable the Secretary of Transportation to make

18 grants to the National Railroad Passenger Corporation for 19 capital investments as authorized by section 101(c), 102, 20 and 219(b) of the Passenger Rail Investment and Im21 provement Act of 2008 (division B of Public Law 110– 22 432), $1,050,000,000, to remain available until expended, 23 of which not to exceed $199,000,000 shall be for debt 24 service obligations as authorized by section 102 of such 25 Act: Provided, That of the amounts made available under

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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 Corpora11 tion should the funds provided under the heading ‘‘Oper12 ating Grants to the National Railroad Passenger Corpora13 tion’’ be insufficient to meet operational costs for fiscal 14 year 2014: Provided further, That the Secretary may re15 tain up to one-half of 1 percent of the funds provided 16 under this heading to fund the costs of project manage17 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 or21 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 head3 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 addi6 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)

16

Of the funds made available for Next Generation

17 High Speed Rail, as authorized by sections 1103 and 7201 18 of Public Law 105–178, $1,973,000 are hereby perma19 nently rescinded: Provided, That no amounts may be can20 celled from amounts that were designated by the Congress 21 as an emergency requirement pursuant to the Concurrent 22 Resolution on the Budget or the Balanced Budget and 23 Emergency Deficit Control Act of 1985, as amended.

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1454 1

NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

2

(RESCISSION)

3

Of the funds made available for the Northeast Cor-

4 ridor Improvement Program, as authorized by Public Law 5 94–210, $4,419,000 are hereby permanently rescinded: 6 Provided, That no amounts may be cancelled from 7 amounts that were designated by the Congress as an 8 emergency requirement pursuant to the Concurrent Reso9 lution on the Budget or the Balanced Budget and Emer10 gency Deficit Control Act of 1985, as amended. 11

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

12

ADMINISTRATION

13

SEC. 150. Hereafter, notwithstanding any other pro-

14 vision of law, funds provided in this Act for the National 15 Railroad Passenger Corporation shall immediately cease 16 to be available to said Corporation in the event that the 17 Corporation contracts to have services provided at or from 18 any location outside the United States. For purposes of 19 this section, the word ‘‘services’’ shall mean any service 20 that was, as of July 1, 2006, performed by a full-time 21 or part-time Amtrak employee whose base of employment 22 is located within the United States. 23

SEC. 151. The Secretary of Transportation may re-

24 ceive and expend cash, or receive and utilize spare parts 25 and similar items, from non-United States Government

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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 dam4 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 inspec10 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 repur15 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 em20 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 sys24 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 grant4 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 in7 curred by the Corporation for 2013 and the two prior cal8 endar years: Provided further, That such summary shall 9 include the total number of employees that received waiv10 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 Adminis15 tration, Grants to the National Railroad Passenger Cor16 poration’’, the second proviso is amended by deleting ‘‘or 17 any other Act’’. 18

FEDERAL TRANSIT ADMINISTRATION

19

ADMINISTRATIVE EXPENSES

20

For necessary administrative expenses of the Federal

21 Transit Administration’s programs authorized by chapter 22 53 of title 49, United States Code, $105,933,000, of which 23 not less than $4,000,000 shall be available to carry out 24 the provisions of 49 U.S.C. 5329 and not less than 25 $1,000,000 shall be available to carry out the provisions

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1457 1 of 49 U.S.C. 5326: Provided, That none of the funds pro2 vided or limited in this Act may be used to create a perma3 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 Transpor6 tation shall transmit to Congress the annual report on 7 New Starts, including proposed allocations for fiscal year 8 2015. 9

TRANSIT FORMULA GRANTS

10

(LIQUIDATION OF CONTRACT AUTHORIZATION)

11

(LIMITATION ON OBLIGATIONS)

12

(HIGHWAY TRUST FUND)

13

For payment of obligations incurred in the Federal

14 Public Transportation Assistance Program in this ac15 count, and for payment of obligations incurred in carrying 16 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 17 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, 18 as amended by Public Law 112–141; and section 19 20005(b) of Public Law 112–141, $9,500,000,000, to be 20 derived from the Mass Transit Account of the Highway 21 Trust Fund and to remain available until expended: Pro22 vided, That funds available for the implementation or exe23 cution of programs authorized under 49 U.S.C. 5305, 24 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 25 5337, 5339, and 5340, as amended by Public Law 112–

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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

5

For necessary expenses to carry out 49 U.S.C. 5312

6 and 5313, $43,000,000, to remain available until ex7 pended: Provided, That $40,000,000 shall be for activities 8 authorized under 49 U.S.C. 5312 and $3,000,000 shall 9 be for activities authorized under 49 U.S.C. 5313. 10

TECHNICAL ASSISTANCE AND TRAINING

11

For necessary expenses to carry out 49 U.S.C. 5314

12 and 5322(a), (b) and (e), $5,000,000, to remain available 13 until expended: Provided, That $3,000,000 shall be for ac14 tivities authorized under 49 U.S.C. 5314 and $2,000,000 15 shall be for activities authorized under 49 U.S.C. 5322(a), 16 (b) and (e). 17

CAPITAL INVESTMENT GRANTS

18

For necessary expenses to carry out 49 U.S.C. 5309,

19 $1,942,938,000, to remain available until expended. 20

GRANTS TO THE WASHINGTON METROPOLITAN AREA

21

TRANSIT AUTHORITY

22

For grants to the Washington Metropolitan Area

23 Transit Authority as authorized under section 601 of divi24 sion B of Public Law 110–432, $150,000,000, to remain 25 available until expended: Provided, That the Secretary

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1459 1 shall approve grants for capital and preventive mainte2 nance expenditures for the Washington Metropolitan Area 3 Transit Authority only after receiving and reviewing a re4 quest for each specific project: Provided further, That 5 prior to approving such grants, the Secretary shall deter6 mine that the Washington Metropolitan Area Transit Au7 thority has placed the highest priority on those invest8 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)

16

SEC. 160. The limitations on obligations for the pro-

17 grams of the Federal Transit Administration shall not 18 apply to any authority under 49 U.S.C. 5338, previously 19 made available for obligation, or to any other authority 20 previously made available for obligation. 21

SEC. 161. Notwithstanding any other provision of

22 law, funds appropriated or limited by this Act under the 23 Federal Transit Administration’s discretionary program 24 appropriations headings for projects specified in this Act 25 or identified in reports accompanying this Act not obli-

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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 6014 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 con24 sider the significant financial contributions of private par25 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 Rich13 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 discre2 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 In5 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 re11 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 perma14 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 fur22 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 per25 manently rescinded: Provided further, That of the funds

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1463 1 made available for the Capital Investment Grants pro2 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 Wash12 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 here15 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 amend18 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 re21 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, with5 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 Govern9 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

13

(HARBOR MAINTENANCE TRUST FUND)

14

For necessary expenses to conduct the operations,

15 maintenance, and capital asset renewal activities of those 16 portions of the St. Lawrence Seaway owned, operated, and 17 maintained by the Saint Lawrence Seaway Development 18 Corporation, $31,000,000, to be derived from the Harbor 19 Maintenance Trust Fund, pursuant to Public Law 99– 20 662, and of which $15,150,000 shall remain available 21 until September 30, 2016, for the Asset Renewal Pro22 gram.

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1465 1

MARITIME ADMINISTRATION

2

MARITIME SECURITY PROGRAM

3

For necessary expenses to maintain and preserve a

4 U.S.-flag merchant fleet to serve the national security 5 needs of the United States, $186,000,000, to remain avail6 able until expended. 7

OPERATIONS AND TRAINING

8

For necessary expenses of operations and training ac-

9 tivities authorized by law, $148,003,000, of which 10 $11,300,000 shall remain available until expended for 11 maintenance and repair of training ships at State Mari12 time Academies, and of which $2,400,000 shall remain 13 available through September 30, 2015, for Student Incen14 tive Program payments at State Maritime Academies, and 15 of which $16,000,000 shall remain available until ex16 pended for facilities maintenance and repair, equipment, 17 and capital improvements at the United State Merchant 18 Marine Academy: Provided, That amounts apportioned for 19 the United States Merchant Marine Academy shall be 20 available only upon allotments made personally by the Sec21 retary of Transportation or the Assistant Secretary for 22 Budget and Programs: Provided further, That the Super23 intendent, Deputy Superintendent and the Director of the 24 Office of Resource Management of the United State Mer25 chant Marine Academy may not be allotment holders for

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1466 1 the United States Merchant Marine Academy, and the Ad2 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 Super9 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 sub12 mitted to the House and Senate Committees on Appro13 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 re17 ductions in government impelled cargo on the U.S. Mer18 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 Adminis25 trator, in collaboration with the Department of Defense,

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1467 1 shall further develop a national sealift strategy that en2 sures the long-term viability of the U.S. Merchant Marine. 3

SHIP DISPOSAL

4

For necessary expenses related to the disposal of ob-

5 solete vessels in the National Defense Reserve Fleet of the 6 Maritime Administration, $4,800,000, to remain available 7 until expended. 8

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

9

ACCOUNT

10

(INCLUDING TRANSFER OF FUNDS)

11

For the cost of guaranteed loans, as authorized,

12 $38,500,000, of which $35,000,000 shall remain available 13 until expended: Provided, That such costs, including the 14 cost of modifying such loans, shall be as defined in section 15 502 of the Congressional Budget Act of 1974, as amend16 ed: Provided further, That not to exceed $3,500,000 shall 17 be available for administrative expenses to carry out the 18 guaranteed loan program, which shall be transferred to 19 and merged with the appropriations for ‘‘Operations and 20 Training’’, Maritime Administration. 21

ADMINISTRATIVE PROVISIONS—MARITIME

22

ADMINISTRATION

23

SEC. 170. Notwithstanding any other provision of

24 this Act, the Maritime Administration is authorized to fur25 nish utilities and services and make necessary repairs in

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1468 1 connection with any lease, contract, or occupancy involving 2 Government property under control of the Maritime Ad3 ministration, and payments received therefor shall be cred4 ited to the appropriation charged with the cost thereof: 5 Provided, That rental payments under any such lease, con6 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 De11 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 ves14 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 man21 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

6

(PIPELINE SAFETY FUND)

7

(INCLUDING TRANSFER OF FUNDS)

8

For necessary operational expenses of the Pipeline

9 and

Hazardous

Materials

Safety

Administration,

10 $21,654,000, of which $639,000 shall be derived from the 11 Pipeline Safety Fund: Provided, That $1,500,000 shall be 12 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 13 Safety Information Grants to Communities’’ as authorized 14 under section 60130 of title 49, United States Code. 15

HAZARDOUS MATERIALS SAFETY

16

For expenses necessary to discharge the hazardous

17 materials safety functions of the Pipeline and Hazardous 18 Materials Safety Administration, $45,000,000, of which 19 $2,300,000 shall remain available until September 30, 20 2016: Provided, That up to $800,000 in fees collected 21 under 49 U.S.C. 5108(g) shall be deposited in the general 22 fund of the Treasury as offsetting receipts: Provided fur23 ther, That there may be credited to this appropriation, to 24 be available until expended, funds received from States, 25 counties, municipalities, other public authorities, and pri-

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1470 1 vate sources for expenses incurred for training, for reports 2 publication and dissemination, and for travel expenses in3 curred in performance of hazardous materials exemptions 4 and approvals functions. 5

PIPELINE SAFETY

6

(PIPELINE SAFETY FUND)

7

(OIL SPILL LIABILITY TRUST FUND)

8

(PIPELINE SAFETY DESIGN REVIEW FUND)

9

For expenses necessary to conduct the functions of

10 the pipeline safety program, for grants-in-aid to carry out 11 a pipeline safety program, as authorized by 49 U.S.C. 12 60107, and to discharge the pipeline program responsibil13 ities of the Oil Pollution Act of 1990, $119,087,000, of 14 which $18,573,000 shall be derived from the Oil Spill Li15 ability Trust Fund and shall remain available until Sep16 tember 30, 2016; and of which $98,514,000 shall be de17 rived

from

the

Pipeline

Safety

Fund,

of

which

18 $54,436,000 shall remain available until September 30, 19 2016; and of which $2,000,000, to remain available until 20 expended, shall be derived from the Pipeline Safety Design 21 Review Fund, as authorized in 49 U.S.C. 60117(n): Pro22 vided, That not less than $1,058,000 of the funds pro23 vided under this heading shall be for the One-Call state 24 grant program.

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1471 1

EMERGENCY PREPAREDNESS GRANTS

2

(EMERGENCY PREPAREDNESS FUND)

3

For necessary expenses to carry out 49 U.S.C.

4 5128(b), $188,000, to be derived from the Emergency 5 Preparedness Fund, to remain available until September 6 30, 2015: Provided, That not more than $28,318,000 shall 7 be made available for obligation in fiscal year 2014 from 8 amounts made available by 49 U.S.C. 5116(i) and 9 5128(b)–(c): Provided further, That none of the funds 10 made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 11 shall be made available for obligation by individuals other 12 than the Secretary of Transportation, or his designee. 13

OFFICE

14

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

15

For necessary expenses of the Office of the Inspector

16 General to carry out the provisions of the Inspector Gen17 eral Act of 1978, as amended, $85,605,000: Provided, 18 That the Inspector General shall have all necessary au19 thority, in carrying out the duties specified in the Inspec20 tor General Act, as amended (5 U.S.C. App. 3), to inves21 tigate allegations of fraud, including false statements to 22 the government (18 U.S.C. 1001), by any person or entity 23 that is subject to regulation by the Department: Provided 24 further, That the funds made available under this heading 25 may be used to investigate, pursuant to section 41712 of

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1472 1 title 49, United States Code: (1) unfair or deceptive prac2 tices and unfair methods of competition by domestic and 3 foreign air carriers and ticket agents; and (2) the compli4 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 Author8 ity (MWAA); (2) in carrying out these audits and inves9 tigations the Inspector General shall have all the authori10 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 com13 ply with requests from the Inspector General, including 14 providing testimony and other information; (4) The In15 spector General shall be permitted to observe closed execu16 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 Inspec23 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 for7 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 depos10 ited to the credit of this account for law enforcement ac11 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

15

For necessary expenses of the Surface Transpor-

16 tation Board, including services authorized by 5 U.S.C. 17 3109, $31,000,000: Provided, That notwithstanding any 18 other provision of law, not to exceed $1,250,000 from fees 19 established by the Chairman of the Surface Transpor20 tation Board shall be credited to this appropriation as off21 setting collections and used for necessary and authorized 22 expenses under this heading: Provided further, That the 23 sum herein appropriated from the general fund shall be 24 reduced on a dollar-for-dollar basis as such offsetting col25 lections are received during fiscal year 2014, to result in

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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

4

OF

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 Trans21 portation: Provided, That none of the personnel covered 22 by this provision may be assigned on temporary detail out23 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 depart2 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 Fed11 eral Railroad Administration from States, counties, mu12 nicipalities, other public authorities, and private sources 13 for expenses incurred for training may be credited respec14 tively to the Federal Highway Administration’s ‘‘Federal15 Aid Highways’’ account, the Federal Transit Administra16 tion’s ‘‘Technical Assistance and Training’’ account, and 17 to the Federal Railroad Administration’s ‘‘Safety and Op18 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 se25 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 appropria4 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 avail7 able until expended. 8

SEC. 187. Amounts made available in this or any

9 other Act that the Secretary determines represent im10 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 avail13 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 Ap23 propriations, transmission of said reprogramming notice 24 shall be provided solely to the Committees on Appropria25 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 reprogram6 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 reim19 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 plan13 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 avail16 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 activi20 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

5

AND

ADMINISTRATION

EXECUTIVE OFFICES

6

For necessary salaries and expenses for Executive Of-

7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 10 Small and Disadvantaged Business Utilization, and the 11 Center for Faith-Based and Neighborhood Partnerships, 12 $14,500,000: Provided, That not to exceed $25,000 of the 13 amount made available under this heading shall be avail14 able to the Secretary for official reception and representa15 tion expenses as the Secretary may determine. 16

ADMINISTRATIVE SUPPORT OFFICES

17

For necessary salaries and expenses for administra-

18 tion, management and operations of offices of the Depart19 ment of Housing and Urban Development, $506,000,000, 20 of which not to exceed $47,900,000 shall be available for 21 the Office of the Chief Financial Officer; not to exceed 22 $94,000,000 shall be available for the Office of the Gen23 eral Counsel; not to exceed $197,400,000 shall be avail24 able for the Office of Administration; not to exceed 25 $53,700,000 shall be available for the Office of the Chief

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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 Manage3 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 Depart6 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 pro11 vided under this heading may be used for necessary ad12 ministrative and non-administrative expenses of the De13 partment of Housing and Urban Development, not other14 wise provided for, including purchase of uniforms, or al15 lowances therefore, as authorized by U.S.C. 5901–5902; 16 hire of passenger motor vehicles; and services as author17 ized by 5 U.S.C. 3109: Provided further, That notwith18 standing any other provision of law, funds appropriated 19 under this heading may be used for advertising and pro20 motional activities that support the housing mission area: 21 Provided further, That the Secretary shall provide the 22 Committees on Appropriations quarterly written notifica23 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

2

AND

EXPENSES

PUBLIC AND INDIAN HOUSING

3

For necessary salaries and expenses of the Office of

4 Public and Indian Housing, $205,000,000. 5

COMMUNITY PLANNING AND DEVELOPMENT

6

For necessary salaries and expenses of the Office of

7 Community Planning and Development, $102,000,000. 8

HOUSING

9

For necessary salaries and expenses of the Office of

10 Housing, $381,500,000, of which at least $8,000,000 shall 11 be for the Office of Risk and Regulatory Affairs: Provided, 12 That the Secretary shall ensure that an administrator of 13 the Office of Manufactured Housing has been selected and 14 begun such administration within 120 days of enactment 15 of this Act: Provided further, That the funds made avail16 able under this heading shall be reduced by $50,000 for 17 each day that the Department is in violation of the pre18 vious proviso and any such funds shall be rescinded. 19

POLICY DEVELOPMENT AND RESEARCH

20

For necessary salaries and expenses of the Office of

21 Policy Development and Research, $22,000,000. 22

FAIR HOUSING AND EQUAL OPPORTUNITY

23

For necessary salaries and expenses of the Office of

24 Fair Housing and Equal Opportunity, $69,000,000.

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1484 1

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

2

HOMES

3

For necessary salaries and expenses of the Office of

4 Lead Hazard Control and Healthy Homes, $7,000,000. 5

PUBLIC

6

AND INDIAN

HOUSING

TENANT-BASED RENTAL ASSISTANCE

7

For activities and assistance for the provision of ten-

8 ant-based rental assistance authorized under the United 9 States Housing Act of 1937, as amended (42 U.S.C. 1437 10 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 11 $15,177,218,000, to remain available until expended, shall 12 be available on October 1, 2013 (in addition to the 13 $4,000,000,000 previously appropriated under this head14 ing that became available on October 1, 2013), and 15 $4,000,000,000, to remain available until expended, shall 16 be available on October 1, 2014: Provided, That the 17 amounts made available under this heading are provided 18 as follows: 19

(1) $17,365,527,000 shall be available for re-

20

newals of expiring section 8 tenant-based annual

21

contributions contracts (including renewals of en-

22

hanced vouchers under any provision of law author-

23

izing such assistance under section 8(t) of the Act)

24

and including renewal of other special purpose incre-

25

mental vouchers: Provided, That notwithstanding

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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)

3

Unobligated balances, including recaptures and car-

4 ryover, remaining from funds appropriated to the Depart5 ment of Housing and Urban Development under this 6 heading, the heading ‘‘Annual Contributions for Assisted 7 Housing’’ and the heading ‘‘Project-Based Rental Assist8 ance’’, for fiscal year 2014 and prior years may be used 9 for renewal of or amendments to section 8 project-based 10 contracts and for performance-based contract administra11 tors, notwithstanding the purposes for which such funds 12 were appropriated: Provided, That any obligated balances 13 of contract authority from fiscal year 1974 and prior that 14 have been terminated shall be rescinded: Provided further, 15 That amounts heretofore recaptured, or recaptured during 16 the current fiscal year, from section 8 project-based con17 tracts from source years fiscal year 1975 through fiscal 18 year 1987 are hereby rescinded, and an amount of addi19 tional new budget authority, equivalent to the amount re20 scinded is hereby appropriated, to remain available until 21 expended, for the purposes set forth under this heading, 22 in addition to amounts otherwise available. 23

PUBLIC HOUSING CAPITAL FUND

24

For the Public Housing Capital Fund Program to

25 carry out capital and management activities for public

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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 peri11 ods under such section: Provided further, That for pur12 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 ex19 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 in22 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 nat25 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 coor6 dinator and congregate services as authorized by section 7 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer8 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 pro14 vided under the previous proviso shall provide competitive 15 grants to partnerships between public housing authorities, 16 local workforce investment boards established under sec17 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 in20 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 ap7 prove upon a finding by the Secretary that any such waiv8 ers or alternative requirements are necessary for the effec9 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 Reg12 ister any waivers or alternative requirements pursuant to 13 the preceding proviso no later than 10 days before the ef14 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

19

For 2014 payments to public housing agencies for the

20 operation and management of public housing, as author21 ized by section 9(e) of the United States Housing Act of 22 1937 (42 U.S.C. 1437g(e)), $4,400,000,000: Provided, 23 That in determining public housing agencies’, including 24 Moving to Work agencies’, calendar year 2014 funding al25 locations under this heading, the Secretary shall take into

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1498 1 account the impact of changes to flat rents on public hous2 ing agencies’ formula income levels. 3

CHOICE NEIGHBORHOODS INITIATIVE

4

For competitive grants under the Choice Neighbor-

5 hoods Initiative (subject to section 24 of the United States 6 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 7 specified under this heading), for transformation, rehabili8 tation, and replacement housing needs of both public and 9 HUD-assisted housing and to transform neighborhoods of 10 poverty into functioning, sustainable mixed income neigh11 borhoods with appropriate services, schools, public assets, 12 transportation and access to jobs, $90,000,000, to remain 13 available until September 30, 2016: Provided, That grant 14 funds may be used for resident and community services, 15 community development, and affordable housing needs in 16 the community, and for conversion of vacant or foreclosed 17 properties to affordable housing: Provided further, That 18 the use of funds made available under this heading shall 19 not be deemed to be public housing notwithstanding sec20 tion 3(b)(1) of such Act: Provided further, That grantees 21 shall commit to an additional period of affordability deter22 mined by the Secretary of not fewer than 20 years: Pro23 vided further, That grantees shall undertake comprehen24 sive local planning with input from residents and the com25 munity, and that grantees shall provide a match in State,

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1499 1 local, other Federal or private funds: Provided further, 2 That grantees may include local governments, tribal enti3 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 pro6 vided, not less than $55,000,000 shall be awarded to pub7 lic housing authorities: Provided further, That such grant8 ees shall create partnerships with other local organizations 9 including assisted housing owners, service agencies, and 10 resident organizations: Provided further, That the Sec11 retary shall consult with the Secretaries of Education, 12 Labor, Transportation, Health and Human Services, Agri13 culture, and Commerce, the Attorney General, and the Ad14 ministrator of the Environmental Protection Agency to co15 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 as18 sist communities in developing comprehensive strategies 19 for implementing this program or implementing other revi20 talization efforts in conjunction with community notice 21 and input: Provided further, That the Secretary shall de22 velop and publish guidelines for the use of such competi23 tive funds, including but not limited to eligible activities, 24 program requirements, and performance metrics.

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1500 1

FAMILY SELF-SUFFICIENCY

2

For the Family Self-Sufficiency program to support

3 family self-sufficiency coordinators under section 23 of the 4 United States Housing Act of 1937, to promote the devel5 opment of local strategies to coordinate the use of assist6 ance under sections 8(o) and 9 of such Act with public 7 and private resources, and enable eligible families to 8 achieve

economic

independence

and

self-sufficiency,

9 $75,000,000: Provided, That the Secretary may, by Fed10 eral Register notice, waive or specify alternative require11 ments under sections b(3), b(4), b(5), or c(1) of section 12 23 of such Act in order to facilitate the operation of a 13 unified self-sufficiency program for individuals receiving 14 assistance under different provisions of the Act, as deter15 mined by the Secretary. 16

NATIVE AMERICAN HOUSING BLOCK GRANTS

17

For the Native American Housing Block Grants pro-

18 gram, as authorized under title I of the Native American 19 Housing Assistance and Self-Determination Act of 1996 20 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 21 remain available until September 30, 2018: Provided, 22 That, notwithstanding the Native American Housing As23 sistance and Self-Determination Act of 1996, to determine 24 the amount of the allocation under title I of such Act for 25 each Indian tribe, the Secretary shall apply the formula

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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 compo3 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 as10 sistance to Indian housing authorities and tribally des11 ignated housing entities as authorized under NAHASDA; 12 and $2,000,000 shall be to support the inspection of In13 dian housing units, contract expertise, training, and tech14 nical assistance in the training, oversight, and manage15 ment of such Indian housing and tenant-based assistance, 16 including up to $300,000 for related travel: Provided fur17 ther, That of the amount provided under this heading, 18 $2,000,000 shall be made available for the cost of guaran19 teed notes and other obligations, as authorized by title VI 20 of NAHASDA: Provided further, That such costs, includ21 ing the costs of modifying such notes and other obliga22 tions, shall be as defined in section 502 of the Congres23 sional Budget Act of 1974, as amended: Provided further, 24 That these funds are available to subsidize the total prin25 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

6

For the Native Hawaiian Housing Block Grant pro-

7 gram, as authorized under title VIII of the Native Amer8 ican Housing Assistance and Self-Determination Act of 9 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain 10 available until expended: Provided, That of this amount, 11 $300,000 shall be for training and technical assistance ac12 tivities, including up to $100,000 for related travel by Ha13 waii-based employees of the Department of Housing and 14 Urban Development. 15

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

16

ACCOUNT

17

For the cost of guaranteed loans, as authorized by

18 section 184 of the Housing and Community Development 19 Act of 1992 (12 U.S.C. 1715z–13a), $6,000,000, to re20 main available until expended: Provided, That such costs, 21 including the costs of modifying such loans, shall be as 22 defined in section 502 of the Congressional Budget Act 23 of 1974: Provided further, That these funds are available 24 to subsidize total loan principal, any part of which is to 25 be guaranteed, up to $1,818,000,000, to remain available

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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

7

For the cost of guaranteed loans, as authorized by

8 section 184A of the Housing and Community Develop9 ment Act of 1992 (12 U.S.C. 1715z–13b) and for such 10 costs for loans used for refinancing, $100,000, to remain 11 available until expended: Provided, That such costs, in12 cluding the costs of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of 14 1974: Provided further, That these funds are available to 15 subsidize total loan principal, any part of which is to be 16 guaranteed, up to $18,868,000, to remain available until 17 expended. 18 19

COMMUNITY PLANNING

AND

DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

20

For carrying out the Housing Opportunities for Per-

21 sons with AIDS program, as authorized by the AIDS 22 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 23 $330,000,000, to remain available until September 30, 24 2015, except that amounts allocated pursuant to section 25 854(c)(3) of such Act shall remain available until Sep-

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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 pur11 suant to section 854(c)(1) shall be used to provide the bal12 ance of such renewal funding before awarding funds for 13 such formula grants: Provided further, That the Depart14 ment shall notify grantees of their formula allocation with15 in 60 days of enactment of this Act. 16

COMMUNITY DEVELOPMENT FUND

17

For assistance to units of State and local govern-

18 ment, and to other entities, for economic and community 19 development

activities,

and

for

other

purposes,

20 $3,100,000,000, to remain available until September 30, 21 2016, unless otherwise specified: Provided, That of the 22 total amount provided, $3,030,000,000 is for carrying out 23 the community development block grant program under 24 title I of the Housing and Community Development Act 25 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301

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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 develop5 ment and administration: Provided further, That a metro6 politan city, urban county, unit of general local govern7 ment, or Indian tribe, or insular area that directly or indi8 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 Eco15 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 fur19 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)

10

Unobligated balances, including recaptures and car-

11 ryover, remaining from funds appropriated to the Depart12 ment of Housing and Urban Development under this 13 heading are hereby permanently rescinded. 14

COMMUNITY DEVELOPMENT LOAN GUARANTEES

15

PROGRAM ACCOUNT

16

For the cost of guaranteed loans, $3,000,000, to re-

17 main available until September 30, 2015, as authorized 18 by section 108 of the Housing and Community Develop19 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 20 costs, including the cost of modifying such loans, shall be 21 defined in section 502 of the Congressional Budget Act 22 of 1974: Provided further, That additionally, the Secretary 23 may collect fees from borrowers, notwithstanding sub24 section (m) of such section 108, and any such fees shall 25 be collected in accordance with section 502(7) of the Con-

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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 limi6 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

10

For the HOME investment partnerships program, as

11 authorized under title II of the Cranston-Gonzalez Na12 tional

Affordable

Housing

Act,

as

amended,

13 $1,000,000,000, to remain available until September 30, 14 2016: Provided, That notwithstanding the amount made 15 available under this heading, the threshold reduction re16 quirements in sections 216(10) and 217(b)(4) of such Act 17 shall not apply to allocations of such amount: Provided 18 further, That the requirements under provisos 2 through 19 6 under this heading for fiscal year 2012 and such re20 quirements applicable pursuant to the ‘‘Full-Year Con21 tinuing Appropriations Act, 2013’’, shall not apply to any 22 project to which funds were committed on or after August 23 23, 2013, but such projects shall instead be governed by 24 the Final Rule titled ‘‘Home Investment Partnerships 25 Program; Improving Performance and Accountability; Up-

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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

7

For the Self-Help and Assisted Homeownership Op-

8 portunity Program, as authorized under section 11 of the 9 Housing Opportunity Program Extension Act of 1996, as 10 amended, $50,000,000, to remain available until Sep11 tember 30, 2016: Provided, That of the total amount pro12 vided under this heading, $10,000,000 shall be made 13 available to the Self-Help and Assisted Homeownership 14 Opportunity Program as authorized under section 11 of 15 the Housing Opportunity Program Extension Act of 1996, 16 as amended: Provided further, That $35,000,000 shall be 17 made available for the second, third, and fourth capacity 18 building activities authorized under section 4(a) of the 19 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 20 of which not less than $5,000,000 shall be made available 21 for rural capacity-building activities: Provided further, 22 That $5,000,000 shall be made available for capacity 23 building by national rural housing organizations with ex24 perience assessing national rural conditions and providing 25 financing, training, technical assistance, information, and

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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

4

(INCLUDING TRANSFER OF FUNDS)

5

For the emergency solutions grants program as au-

6 thorized under subtitle B of title IV of the McKinney7 Vento Homeless Assistance Act, as amended; the con8 tinuum of care program as authorized under subtitle C 9 of title IV of such Act; and the rural housing stability as10 sistance program as authorized under subtitle D of title 11 IV of such Act, $2,105,000,000, to remain available until 12 September 30, 2016: Provided, That any rental assistance 13 amounts that are recaptured under such continuum of 14 care program shall remain available until expended: Pro15 vided further, That not less than $250,000,000 of the 16 funds appropriated under this heading shall be available 17 for such emergency solutions grants program: Provided 18 further, That not less than $1,815,000,000 of the funds 19 appropriated under this heading shall be available for such 20 continuum of care and rural housing stability assistance 21 programs: Provided further, That up to $6,000,000 of the 22 funds appropriated under this heading shall be available 23 for the national homeless data analysis project: Provided 24 further, That all funds awarded for supportive services 25 under the continuum of care program and the rural hous-

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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 applica4 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 admin7 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 con11 tracts or amendments to contracts funded under the con12 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 in18 tegrate homeless programs with other mainstream health, 19 social services, and employment programs for which home20 less populations may be eligible, including Medicaid, State 21 Children’s Health Insurance Program, Temporary Assist22 ance for Needy Families, Food Stamps, and services fund23 ing through the Mental Health and Substance Abuse 24 Block Grant, Workforce Investment Act, and the Welfare25 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 trans3 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 sub13 mit to the House and Senate Committees on Appropria14 tions, the House Committee on Financial Services, and the 15 Senate Committee on Banking, Housing, and Urban Af16 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 as19 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 grant24 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

5

For activities and assistance for the provision of

6 project-based subsidy contracts under the United States 7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 8 Act’’), not otherwise provided for, $9,516,628,000, to re9 main available until expended, shall be available on Octo10 ber 1, 2013 (in addition to the $400,000,000 previously 11 appropriated under this heading that became available Oc12 tober 1, 2013), and $400,000,000, to remain available 13 until expended, shall be available on October 1, 2014: Pro14 vided, That the amounts made available under this head15 ing shall be available for expiring or terminating section 16 8 project-based subsidy contracts (including section 8 17 moderate rehabilitation contracts), for amendments to sec18 tion 8 project-based subsidy contracts (including section 19 8 moderate rehabilitation contracts), for contracts entered 20 into pursuant to section 441 of the McKinney-Vento 21 Homeless Assistance Act (42 U.S.C. 11401), for renewal 22 of section 8 contracts for units in projects that are subject 23 to approved plans of action under the Emergency Low In24 come Housing Preservation Act of 1987 or the Low-In25 come Housing Preservation and Resident Homeownership

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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 ex5 ceed $265,000,000 shall be available for assistance agree6 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 Na13 tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple14 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 con20 tracts for supportive housing for persons with disabilities 21 under section 811(d)(2) of the Cranston-Gonzalez Na22 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 fur2 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 con6 tracts or for performance-based contract administrators, 7 notwithstanding the purposes for which such amounts 8 were appropriated: Provided further, That, notwith9 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 As13 sistance Payments contract that authorizes HUD to re14 quire that surplus project funds be deposited in an inter15 est-bearing residual receipts account and that are in ex16 cess of an amount to be determined by the Secretary, shall 17 be remitted to the Department and deposited in this ac18 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 pro21 vided by this heading for uses authorized under this head22 ing. 23

HOUSING FOR THE ELDERLY

24

For amendments to capital advance contracts for

25 housing for the elderly, as authorized by section 202 of

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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 as5 sistance for up to a 1-year term, and for senior preserva6 tion rental assistance contracts, as authorized by section 7 811(e) of the American Housing and Economic Oppor8 tunity Act of 2000, as amended, and for supportive serv9 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 associ17 ated with section 202 projects: Provided further, That the 18 Secretary may waive the provisions of section 202 gov19 erning the terms and conditions of project rental assist20 ance, except that the initial contract term for such assist21 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 resid24 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 dem11 onstrate the potential to delay or avoid the need for nurs12 ing home care: Provided further, That unobligated bal13 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

19

For amendments to capital advance contracts for

20 supportive housing for persons with disabilities, as author21 ized by section 811 of the Cranston-Gonzalez National Af22 fordable Housing Act (42 U.S.C. 8013), for project rental 23 assistance for supportive housing for persons with disabil24 ities under section 811(d)(2) of such Act and for project 25 assistance contracts pursuant to section 202(h) of the

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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-Gon7 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 associ14 ated with section 811 projects: Provided further, That, in 15 this fiscal year, upon the request of the Secretary of Hous16 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 remit21 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 car3 ryover, remaining from funds transferred to or appro4 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 appro7 priated. 8

HOUSING COUNSELING ASSISTANCE

9

For contracts, grants, and other assistance excluding

10 loans, as authorized under section 106 of the Housing and 11 Urban

Development

Act

of

1968,

as

amended,

12 $45,000,000, including up to $4,500,000 for administra13 tive contract services: Provided, That grants made avail14 able from amounts provided under this heading shall be 15 awarded within 120 days of enactment of this Act: Pro16 vided further, That funds shall be used for providing coun17 seling and advice to tenants and homeowners, both current 18 and prospective, with respect to property maintenance, fi19 nancial management/literacy, and such other matters as 20 may be appropriate to assist them in improving their hous21 ing conditions, meeting their financial needs, and fulfilling 22 the responsibilities of tenancy or homeownership; for pro23 gram administration; and for housing counselor training.

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1519 1

RENTAL HOUSING ASSISTANCE

2

For amendments to contracts under section 101 of

3 the Housing and Urban Development Act of 1965 (12 4 U.S.C. 1701s) and section 236(f)(2) of the National 5 Housing Act (12 U.S.C. 1715z–1) in State-aided, non6 insured rental housing projects, $21,000,000, to remain 7 available until expended: Provided, That such amount, to8 gether

with

unobligated

balances

from

recaptured

9 amounts appropriated prior to fiscal year 2006 from ter10 minated contracts under such sections of law, and any un11 obligated balances, including recaptures and carryover, re12 maining from funds appropriated under this heading after 13 fiscal year 2005, shall also be available for extensions of 14 up to one year for expiring contracts under such sections 15 of law. 16

RENT SUPPLEMENT

17

(RESCISSION)

18

Of the amounts recaptured from terminated con-

19 tracts under section 101 of the Housing and Urban Devel20 opment Act of 1965 (12 U.S.C. 1701s) and section 236 21 of the National Housing Act (12 U.S.C. 1715z–1) 22 $3,500,000 are rescinded: Provided, That no amounts may 23 be rescinded from amounts that were designated by the 24 Congress as an emergency requirement pursuant to the 25 Concurrent Resolution on the Budget or the Balanced

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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

5

For necessary expenses as authorized by the National

6 Manufactured Housing Construction and Safety Stand7 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 8 $7,530,000, to remain available until expended, of which 9 $6,530,000 is to be derived from the Manufactured Hous10 ing Fees Trust Fund: Provided, That not to exceed the 11 total amount appropriated under this heading shall be 12 available from the general fund of the Treasury to the ex13 tent necessary to incur obligations and make expenditures 14 pending the receipt of collections to the Fund pursuant 15 to section 620 of such Act: Provided further, That the 16 amount made available under this heading from the gen17 eral fund shall be reduced as such collections are received 18 during fiscal year 2014 so as to result in a final fiscal 19 year 2014 appropriation from the general fund estimated 20 at not more than $1,000,000 and fees pursuant to such 21 section 620 shall be modified as necessary to ensure such 22 a final fiscal year 2014 appropriation: Provided further, 23 That for the dispute resolution and installation programs, 24 the Secretary of Housing and Urban Development may 25 assess and collect fees from any program participant: Pro-

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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

12

New commitments to guarantee single family loans

13 insured under the Mutual Mortgage Insurance Fund shall 14 not exceed $400,000,000,000, to remain available until 15 September 30, 2015: Provided, That during fiscal year 16 2014, obligations to make direct loans to carry out the 17 purposes of section 204(g) of the National Housing Act, 18 as amended, shall not exceed $20,000,000: Provided fur19 ther, That the foregoing amount in the previous proviso 20 shall be for loans to nonprofit and governmental entities 21 in connection with sales of single family real properties 22 owned by the Secretary and formerly insured under the 23 Mutual Mortgage Insurance Fund. For administrative 24 contract expenses of the Federal Housing Administration, 25 $127,000,000, to remain available until September 30,

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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 ex8 ceed $30,000,000. 9

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

10

New commitments to guarantee loans insured under

11 the General and Special Risk Insurance Funds, as author12 ized by sections 238 and 519 of the National Housing Act 13 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 14 $30,000,000,000 in total loan principal, any part of which 15 is to be guaranteed, to remain available until September 16 30, 2015: Provided, That during fiscal year 2014, gross 17 obligations for the principal amount of direct loans, as au18 thorized by sections 204(g), 207(l), 238, and 519(a) of 19 the National Housing Act, shall not exceed $20,000,000, 20 which shall be for loans to nonprofit and governmental en21 tities in connection with the sale of single family real prop22 erties owned by the Secretary and formerly insured under 23 such Act.

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1523 1

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3

GUARANTEE PROGRAM ACCOUNT

4

New commitments to issue guarantees to carry out

5 the purposes of section 306 of the National Housing Act, 6 as amended (12 U.S.C. 1721(g)), shall not exceed 7 $500,000,000,000, to remain available until September 8 30, 2015: Provided, That $19,500,000 shall be available 9 for necessary salaries and expenses of the Office of Gov10 ernment National Mortgage Association: Provided further, 11 That to the extent that guaranteed loan commitments will 12 and do exceed $155,000,000,000 on or before April 1, 13 2014, an additional $100 for necessary salaries and ex14 penses shall be available until expended for each 15 $1,000,000 in additional guaranteed loan commitments 16 (including a pro rata amount for any amount below 17 $1,000,000), but in no case shall funds made available by 18 this proviso exceed $3,000,000: Provided further, That re19 ceipts from Commitment and Multiclass fees collected pur20 suant to title III of the National Housing Act, as amend21 ed, shall be credited as offsetting collections to this ac22 count.

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1524 1

POLICY DEVELOPMENT

2

AND

RESEARCH

RESEARCH AND TECHNOLOGY

3

For contracts, grants, and necessary expenses of pro-

4 grams of research and studies relating to housing and 5 urban problems, not otherwise provided for, as authorized 6 by title V of the Housing and Urban Development Act 7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 8 out the functions of the Secretary of Housing and Urban 9 Development under section 1(a)(1)(i) of Reorganization 10 Plan No. 2 of 1968, $46,000,000, to remain available 11 until September 30, 2015: Provided, That with respect to 12 amounts made available under this heading, notwith13 standing section 204 of this title, the Secretary may enter 14 into cooperative agreements funded with philanthropic en15 tities, other Federal agencies, or State or local govern16 ments and their agencies for research projects: Provided 17 further, That with respect to the previous proviso, such 18 partners to the cooperative agreements must contribute at 19 least a 50 percent match toward the cost of the project: 20 Provided further, That for non-competitive agreements en21 tered into in accordance with the previous two provisos, 22 the Secretary of Housing and Urban Development shall 23 comply with section 2(b) of the Federal Funding Account24 ability and Transparency Act of 2006 (Public Law 109– 25 282, 31 U.S.C. note) in lieu of compliance with section

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1525 1 102(a)(4)(C) with respect to documentation of award deci2 sions. 3

FAIR HOUSING

4

AND

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

5

For contracts, grants, and other assistance, not oth-

6 erwise provided for, as authorized by title VIII of the Civil 7 Rights Act of 1968, as amended by the Fair Housing 8 Amendments Act of 1988, and section 561 of the Housing 9 and Community Development Act of 1987, as amended, 10 $66,000,000, to remain available until September 30, 11 2015, of which $40,100,000 shall be to carry out activities 12 pursuant to such section 561: Provided, That notwith13 standing 31 U.S.C. 3302, the Secretary may assess and 14 collect fees to cover the costs of the Fair Housing Training 15 Academy, and may use such funds to provide such train16 ing: Provided further, That no funds made available under 17 this heading shall be used to lobby the executive or legisla18 tive branches of the Federal Government in connection 19 with a specific contract, grant or loan: Provided further, 20 That of the funds made available under this heading, 21 $300,000 shall be available to the Secretary of Housing 22 and Urban Development for the creation and promotion 23 of translated materials and other programs that support 24 the assistance of persons with limited English proficiency

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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

4

HOMES

5

LEAD HAZARD REDUCTION

6

HEALTHY

For the Lead Hazard Reduction Program, as author-

7 ized by section 1011 of the Residential Lead-Based Paint 8 Hazard Reduction Act of 1992, $110,000,000, to remain 9 available until September 30, 2015: Provided, That up to 10 $15,000,000 of that amount shall be for the Healthy 11 Homes Initiative, pursuant to sections 501 and 502 of the 12 Housing and Urban Development Act of 1970 that shall 13 include research, studies, testing, and demonstration ef14 forts, including education and outreach concerning lead15 based paint poisoning and other housing-related diseases 16 and hazards: Provided further, That for purposes of envi17 ronmental review, pursuant to the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 19 other provisions of the law that further the purposes of 20 such Act, a grant under the Healthy Homes Initiative, or 21 the Lead Technical Studies program under this heading 22 or under prior appropriations Acts for such purposes 23 under this heading, shall be considered to be funds for 24 a special project for purposes of section 305(c) of the Mul25 tifamily Housing Property Disposition Reform Act of

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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 Sec9 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 notwith14 standing the purpose for which such amounts were appro15 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 infor21 mation technology systems, for the continuing operation 22 and maintenance of both Department-wide and program23 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 trans4 ferred to this Fund under this Act shall remain available 5 until expended: Provided further, That any amounts trans6 ferred to this Fund from amounts appropriated by pre7 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 En13 hancement, including development and deployment of a 14 Next Generation Management System and development 15 and deployment of modernized Federal Housing Adminis16 tration systems may be obligated until the Secretary sub17 mits to the Committees on Appropriations and the Comp18 troller General of the United States a plan for expenditure 19 that—(A) provides for all information technology invest20 ments: (i) the cost and schedule baselines with expla21 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 archi2 tecture, (ii) project management, (iii) investment manage3 ment, and (iv) human capital management. 4

OFFICE

5

OF INSPECTOR

GENERAL

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 capac16 ity building funding, the Secretary shall submit a plan, 17 for approval, to the House and Senate Committees on Ap18 propriations on how it will allocate funding for this activ19 ity: Provided further, That with respect to amounts made 20 available under this heading for research, evaluation and 21 program metrics or program demonstrations, notwith22 standing section 204 of this title, the Secretary may enter 23 into cooperative agreements funded with philanthropic en24 tities, other Federal agencies, or State or local govern25 ments and their agencies for such projects: Provided fur-

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1530 1 ther, That with respect to the previous proviso, such part2 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

5

URBAN DEVELOPMENT

6

(INCLUDING TRANSFER OF FUNDS)

7

AND

SEC. 201. Fifty percent of the amounts of budget au-

8 thority, or in lieu thereof 50 percent of the cash amounts 9 associated with such budget authority, that are recaptured 10 from projects described in section 1012(a) of the Stewart 11 B. McKinney Homeless Assistance Amendments Act of 12 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 13 case of cash, shall be remitted to the Treasury, and such 14 amounts of budget authority or cash recaptured and not 15 rescinded or remitted to the Treasury shall be used by 16 State housing finance agencies or local governments or 17 local housing agencies with projects approved by the Sec18 retary of Housing and Urban Development for which set19 tlement occurred after January 1, 1992, in accordance 20 with such section. Notwithstanding the previous sentence, 21 the Secretary may award up to 15 percent of the budget 22 authority or cash recaptured and not rescinded or remitted 23 to the Treasury to provide project owners with incentives 24 to refinance their project at a lower interest rate.

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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, includ5 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 competi19 tive basis and in accordance with section 102 of the De20 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 Corpora24 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 Fi6 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 Cor9 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 ap12 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 sub18 ject to the Government Corporation Control Act are here19 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 collec2 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 pro7 viso shall not apply to the mortgage insurance or guaranty 8 operations of these corporations, or where loans or mort9 gage purchases are necessary to protect the financial in10 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 justifica21 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, Cali4 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 direc8 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 Au12 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 advi21 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 enti2 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 re19 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

24

projects undergoing mark to market debt re-

attached

to

the

structure

including

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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)

17

the

term

‘‘project-based

assistance’’

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

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

Housing

Act

of

1937

(42

U.S.C.

9 person to receive assistance under section 8 of the United 10 States Housing Act of 1937 (42 U.S.C. 1437f), any finan11 cial assistance (in excess of amounts received for tuition 12 and any other required fees and charges) that an indi13 vidual receives under the Higher Education Act of 1965 14 (20 U.S.C. 1001 et seq.), from private sources, or an insti15 tution of higher education (as defined under the Higher 16 Education Act of 1965 (20 U.S.C. 1002)), shall be consid17 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, in3 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 Fed12 eral programs, the Secretary shall maintain any rental as13 sistance payments under section 8 of the United States 14 Housing Act of 1937 and other programs that are at15 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 prop18 erty owned or held by the Secretary is not feasible for con19 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 avail22 able Federal, State, and local resources, including rent ad23 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 con7 tracts remain in effect prior to foreclosure, subject to the 8 exercise of contractual abatement remedies to assist relo9 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 op22 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

11

‘‘(i)

INSPECTIONS.—

REQUIREMENT.—Each

public

12

housing agency providing assistance under

13

this subsection (or other entity, as pro-

14

vided in paragraph (11)) shall, for each as-

15

sisted dwelling unit, make inspections not

16

less often than biennially during the term

17

of the housing assistance payments con-

18

tract for the unit to determine whether the

19

unit is maintained in accordance with the

20

requirements under subparagraph (A).

21

‘‘(ii) USE

OF ALTERNATIVE INSPEC-

22

TION METHOD.—The

23

clause (i) may be complied with by use of

24

inspections that qualify as an alternative

requirements under

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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.—

13

The Secretary may adjust the frequency of

14

inspections for mixed-finance properties as-

15

sisted with vouchers under paragraph (13)

16

to facilitate the use of the alternative in-

17

spections in subparagraph (E).

18

‘‘(E) ALTERNATIVE

INSPECTION

METH-

19

OD.—An

20

as an alternative inspection method for pur-

21

poses of this subparagraph if—

inspection of a property shall qualify

22

‘‘(i) the inspection was conducted pur-

23

suant to requirements under a Federal,

24

State, or local housing program (including

25

the Home investment partnership program

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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 Sec14 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 commu24 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 sub3 ject to such guarantee to the units of general local govern4 ment in non-entitlement areas that received the commit5 ment. 6

SEC. 222. Public housing agencies that own and oper-

7 ate 400 or fewer public housing units may elect to be ex8 empt from any asset management requirement imposed by 9 the Secretary of Housing and Urban Development in con10 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, cap16 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)): Pro24 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 per3 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 Fi7 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 di10 rectives. The Chief Financial Officer shall ensure that 11 there is a trained allotment holder for each HUD sub12 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad13 ministrative Support Offices,’’ as well as each account re14 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 re24 port identify all existing units maintained by region as sec25 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 elimi2 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 market9 place, such as the impact of cost and the loss of available 10 subsidized, low-income housing in areas with scarce hous11 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 Fed15 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 of3 fice personnel benefits and compensation funding. The an4 nual budget submission for program office personnel ben5 efit and compensation funding must include program-re6 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 ‘‘Ad12 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 Sup15 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 ac21 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 appropria24 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 ap3 proval of the House and Senate Committees on Appropria4 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 Sup7 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 Sen10 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 sub19 section (b) when a multifamily housing project with a sec20 tion 8 contract or contract for similar project-based assist21 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 sec8 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 sec10 tion 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public hous11 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 as8 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 project17 based rental assistance payments with an owner or owners 18 of other existing housing properties, or provide other rent19 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 consecu23 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 sec11 tion 8 (only with respect to the tenant-based rental assist12 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 organi4 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.—

5

‘‘(i) GENERAL.—In determining the

6

monthly assistance payment for a family

7

under subparagraphs (A) and (B), the

8

amount allowed for tenant-paid utilities

9

shall not exceed the appropriate utility al-

10

lowance for the family unit size as deter-

11

mined by the public housing agency re-

12

gardless of the size of the dwelling unit

13

leased by the family.

14

‘‘(ii) EXCEPTION

FOR FAMILIES IN IN-

15

CLUDING PERSONS WITH DISABILITIES.—

16

Notwithstanding subparagraph (A), upon

17

request by a family that includes a person

18

with disabilities, the public housing agency

19

shall approve a utility allowance that is

20

higher than the applicable amount on the

21

utility allowance schedule if a higher utility

22

allowance is needed as a reasonable accom-

23

modation to make the program accessible

24

to and usable by the family member with

25

a disability.’’.

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1565 1

SEC. 243. The Secretary shall establish by notice

2 such requirements as may be necessary to implement sec3 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 ini6 tial notice no later than the expiration of the 6-month pe7 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

5

For expenses necessary for the Access Board, as au-

6 thorized by section 502 of the Rehabilitation Act of 1973, 7 as amended, $7,448,000: Provided, That, notwithstanding 8 any other provision of law, there may be credited to this 9 appropriation funds received for publications and training 10 expenses. 11

FEDERAL MARITIME COMMISSION

12

SALARIES AND EXPENSES

13

For necessary expenses of the Federal Maritime

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 307), in16 cluding services as authorized by 5 U.S.C. 3109; hire of 17 passenger motor vehicles as authorized by 31 U.S.C. 18 1343(b); and uniforms or allowances therefore, as author19 ized by 5 U.S.C. 5901–5902, $24,669,000: Provided, That 20 not to exceed $2,000 shall be available for official recep21 tion and representation expenses.

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1567 1 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE 2

OF INSPECTOR

3

SALARIES AND EXPENSES

4

GENERAL

For necessary expenses of the Office of Inspector

5 General for the National Railroad Passenger Corporation 6 to carry out the provisions of the Inspector General Act 7 of 1978, as amended, $23,499,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 10 as amended (5 U.S.C. App. 3), to investigate allegations 11 of fraud, including false statements to the government (18 12 U.S.C. 1001), by any person or entity that is subject to 13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 15 enter into contracts and other arrangements for audits, 16 studies, analyses, and other services with public agencies 17 and with private persons, subject to the applicable laws 18 and regulations that govern the obtaining of such services 19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within Amtrak: Provided fur-

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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

9

For necessary expenses of the National Transpor-

10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 12 3109, but at rates for individuals not to exceed the per 13 diem rate equivalent to the rate for a GS–15; uniforms, 14 or allowances therefor, as authorized by law (5 U.S.C. 15 5901–5902), $103,027,000, of which not to exceed $2,000 16 may be used for official reception and representation ex17 penses. The amounts made available to the National 18 Transportation Safety Board in this Act include amounts 19 necessary to make lease payments on an obligation in20 curred in fiscal year 2001 for a capital lease. 21

NEIGHBORHOOD REINVESTMENT CORPORATION

22

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23

CORPORATION

24

For payment to the Neighborhood Reinvestment Cor-

25 poration for use in neighborhood reinvestment activities,

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1569 1 as authorized by the Neighborhood Reinvestment Corpora2 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 pro4 gram: Provided, That in addition, $67,500,000 shall be 5 made available until expended to the Neighborhood Rein6 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

4

HOMELESSNESS

5

OPERATING EXPENSES

6

ON

For necessary expenses (including payment of sala-

7 ries, authorized travel, hire of passenger motor vehicles, 8 the rental of conference rooms, and the employment of ex9 perts and consultants under section 3109 of title 5, United 10 States Code) of the United States Interagency Council on 11 Homelessness in carrying out the functions pursuant to 12 title II of the McKinney-Vento Homeless Assistance Act, 13 as amended, $3,500,000. Title II of the McKinney-Vento 14 Homeless Assistance Act (42 U.S.C. 11319) is amended 15 by striking ‘‘October 1, 2015’’ in section 209 and inserting 16 ‘‘October 1, 2016’’.

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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 appropria11 tions, unless expressly so provided herein. 12

SEC. 403. The expenditure of any appropriation

13 under this Act for any consulting service through procure14 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

11

915.022, dated September 2, 1988; or

Opportunity

Commission

Notice

N–

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 pre20 vious appropriations Acts to the agencies or entities fund21 ed in this Act that remain available for obligation or ex22 penditure in fiscal year 2014, or provided from any ac23 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 re2 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 Ap9 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 sec12 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 pur17 poses of this section, public use shall not be construed to 18 include economic development that primarily benefits pri19 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 gen22 eral public (including energy-related, communication-re23 lated, water-related and wastewater-related infrastruc24 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 sole11 source contracts by no later than July 30, 2014. Such re12 port shall include the contractor, the amount of the con13 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 in16 strumentality of the United States Government, except 17 pursuant to a transfer made by, or transfer authority pro18 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, for22 merly held by an employee who has left to enter the Armed 23 Forces of the United States and has satisfactorily com24 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 posi6 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 Amer12 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 Associa23 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 cor5 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, un8 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 cor16 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 agree20 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 deter24 mination that this further action is not necessary to pro25 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, stor11 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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Consolidated Appropriations Act.pdf

Title VII—General Provisions—Government-wide. Title VIII—General Provisions—District of Columbia. DIVISION F—DEPARTMENT OF HOMELAND SECURITY.

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