Library / Laws / 113th / hr / H.R. 2216 / Reported in Senate
II
Calendar No. 102
113th CONGRESS
1st Session
H. R. 2216
[Report No. 113–48]
IN THE SENATE OF THE UNITED
STATES
June 6, 2013
Received; read twice and referred to the
Committee on
Appropriations
June 27, 2013
Reported by Mr. Johnson of South
Dakota, with an amendment
Strike out all after the enacting clause and insert
the part printed in italic
AN ACT
Making appropriations for military
construction, the Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2014, and for other purposes.
That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
military construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2014, and for other purposes,
namely:
I
Department of defense
Military construction,
army
For acquisition,
construction, installation, and equipment of temporary or permanent public
works, military installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army Corps of Engineers
and other personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the functions of
the Commander in Chief, $1,099,875,000, to
remain available until September 30, 2018:
Provided, That of this amount, not
to exceed $64,575,000 shall be available for
study, planning, design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, navy and
marine corps
For acquisition,
construction, installation, and equipment of temporary or permanent public
works, naval installations, facilities, and real property for the Navy and
Marine Corps as currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services necessary for the
purposes of this appropriation, $1,616,281,000,
to remain available until September 30, 2018:
Provided, That of this amount, not
to exceed $89,830,000 shall be available for
study, planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military construction, air
force
For acquisition,
construction, installation, and equipment of temporary or permanent public
works, military installations, facilities, and real property for the Air Force
as currently authorized by law, $1,127,273,000,
to remain available until September 30, 2018:
Provided, That of this amount, not
to exceed $11,314,000 shall be available for
study, planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Air Force determines that additional obligations
are necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
Military construction,
defense-Wide
(including transfer of
funds)
For acquisition,
construction, installation, and equipment of temporary or permanent public
works, installations, facilities, and real property for activities and agencies
of the Department of Defense (other than the military departments), as
currently authorized by law, $3,707,923,000, to
remain available until September 30, 2018:
Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense may be
transferred to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be
merged with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred:
Provided further, That
of the amount appropriated, not to exceed
$237,838,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons therefor:
Provided further, That
of the amount appropriated, notwithstanding any other provision of law,
$38,513,000 shall be available for payments to
the North Atlantic Treaty Organization for the planning, design, and
construction of a new North Atlantic Treaty Organization
headquarters.
Military construction, army
national guard
For
construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Army National Guard, and
contributions therefor, as authorized by law,
$315,815,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $24,005,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, air
national guard
For
construction, acquisition, expansion, rehabilitation, and conversion of
facilities for the training and administration of the Air National Guard, and
contributions therefor, as authorized by law,
$107,800,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $13,400,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Air National Guard determines
that additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, army
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Army Reserve as authorized by law,
$174,060,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $14,212,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, navy
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the reserve components of the Navy and Marine
Corps as authorized by law, $32,976,000, to
remain available until September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $2,540,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Navy determines that additional
obligations are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the reasons
therefor.
Military construction, air force
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Air Force Reserve as authorized by law,
$45,659,000, to remain available until September
30, 2018:
Provided, That of the amount
appropriated, not to exceed $2,229,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North atlantic treaty
organization
security investment
program
For the United States
share of the cost of the North Atlantic Treaty Organization Security Investment
Program for the acquisition and construction of military facilities and
installations (including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty Area as
authorized by section 2806 of title 10, United States Code, and Military
Construction Authorization Acts, $199,700,000,
to remain available until expended.
Family housing construction,
army
For expenses of family
housing for the Army for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$44,008,000, to remain available until September
30, 2018.
Family housing operation and
maintenance, army
For expenses
of family housing for the Army for operation and maintenance, including debt
payment, leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law,
$512,871,000.
Family housing construction,
navy and marine corps
For
expenses of family housing for the Navy and Marine Corps for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $73,407,000,
to remain available until September 30,
2018.
Family housing operation and
maintenance, navy and marine corps
For expenses of family housing for the Navy
and Marine Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and insurance
premiums, as authorized by law,
$389,844,000.
Family housing construction, air
force
For expenses of family
housing for the Air Force for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$76,360,000, to remain available until September
30, 2018.
Family housing operation and
maintenance, air force
For
expenses of family housing for the Air Force for operation and maintenance,
including debt payment, leasing, minor construction, principal and interest
charges, and insurance premiums, as authorized by law,
$388,598,000.
Family housing operation and
maintenance, defense-Wide
For
expenses of family housing for the activities and agencies of the Department of
Defense (other than the military departments) for operation and maintenance,
leasing, and minor construction, as authorized by law,
$55,845,000.
Department of defense family
housing improvement fund
For
the Department of Defense Family Housing Improvement Fund,
$1,780,000, to remain available until expended,
for family housing initiatives undertaken pursuant to section 2883 of title 10,
United States Code, providing alternative means of acquiring and improving
military family housing and supporting
facilities.
Chemical demilitarization
construction, defense-Wide
For
expenses of construction, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon stockpile, as
currently authorized by law, $122,536,000, to
remain available until September 30, 2018, which shall be only for the
Assembled Chemical Weapons Alternatives
program.
Department of defense base
closure account
For deposit
into the Department of Defense Base Closure Account, established by section
2906(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687
note), as amended by section 2711 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239),
$451,357,000, to remain available until
expended.
Administrative
provisions
101. None of the funds
made available in this title shall be expended for payments under a
cost-plus-a-fixed-fee contract for construction, where cost estimates exceed
$25,000, to be performed within the United
States, except Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
102. Funds made
available in this title for construction shall be available for hire of
passenger motor vehicles.
103. Funds made
available in this title for construction may be used for advances to the
Federal Highway Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of title 23, United
States Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
104. None of the funds
made available in this title may be used to begin construction of new bases in
the United States for which specific appropriations have not been made.
105. None of the funds
made available in this title shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the Army Corps
of Engineers or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases negotiated
by the Attorney General or the designee of the Attorney General; (3) where the
estimated value is less than $25,000; or (4) as
otherwise determined by the Secretary of Defense to be in the public
interest.
106. None of the funds
made available in this title shall be used to: (1) acquire land; (2) provide
for site preparation; or (3) install utilities for any family housing, except
housing for which funds have been made available in annual Acts making
appropriations for military construction.
107. None of the funds
made available in this title for minor construction may be used to transfer or
relocate any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
108. None of the funds
made available in this title may be used for the procurement of steel for any
construction project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity to compete for
such steel procurement.
109. None of the funds
available to the Department of Defense for military construction or family
housing during the current fiscal year may be used to pay real property taxes
in any foreign nation.
110. None of the funds
made available in this title may be used to initiate a new installation
overseas without prior notification to the Committees on Appropriations of both
Houses of Congress.
111. None of the funds made available in this
title may be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such contracts are
awarded to United States firms or United States firms in joint venture with
host nation firms.
112. None of the funds
made available in this title for military construction in the United States
territories and possessions in the Pacific and on Kwajalein Atoll, or in
countries within the United States Central Command Area of Responsibility, may
be used to award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor:
Provided, That this section shall
not be applicable to contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further,
That this section shall not apply to contract awards for military construction
on Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise involving
United States personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
114. Funds appropriated to the Department of
Defense for construction in prior years shall be available for construction
authorized for each such military department by the authorizations enacted into
law during the current session of Congress.
115. For military construction or family housing
projects that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of associated
supervision, inspection, overhead, engineering and design on those projects and
on subsequent claims, if any.
116. Notwithstanding any other provision of law,
any funds made available to a military department or defense agency for the
construction of military projects may be obligated for a military construction
project or contract, or for any portion of such a project or contract, at any
time before the end of the fourth fiscal year after the fiscal year for which
funds for such project were made available, if the funds obligated for such
project: (1) are obligated from funds available for military construction
projects; and (2) do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased pursuant to
law.
(including transfer of
funds)
117. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the Defense
Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687
note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the
account established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged with, and to be
available for the same purposes and the same time period as that
account.
(including transfer of
funds)
118. Subject to 30 days prior notification, or
14 days for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as may be
determined by the Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from amounts appropriated
for construction in Family Housing accounts, to be merged with
and to be available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in Military
Construction accounts, to be merged with and to be available for the
same purposes and for the same period of time as amounts appropriated directly
to the Fund:
Provided, That appropriations
made available to the Funds shall be available to cover the costs, as defined
in section 502(5) of the Congressional Budget Act of 1974, of direct loans or
loan guarantees issued by the Department of Defense pursuant to the provisions
of subchapter IV of chapter 169 of title 10, United States Code, pertaining to
alternative means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of
funds)
119. In addition to any other transfer authority
available to the Department of Defense, amounts may be transferred from the
accounts established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with
the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
120. Notwithstanding any other provision of law,
funds made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than
$15,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters without 30 days
prior notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States Code, to
the Committees on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission:
Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation and
maintenance expenditures for each individual general or flag officer quarters
for the prior fiscal year.
121. Amounts contained in the Ford Island
Improvement Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
122. None of the funds made available in this
title, or in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at or for a
military installation approved for closure, or at a military installation for
the purposes of supporting a function that has been approved for realignment to
another installation, in 2005 under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note),
unless such a project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new mission
or function that is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of carrying out such
project would be less than the cost to the United States of cancelling such
project, or if the project is at an active component base that shall be
established as an enclave or in the case of projects having multi-agency use,
that another Government agency has indicated it will assume ownership of the
completed project. The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military construction
project, land acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section shall not
apply to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality:
Provided, That the Secretary of
Defense shall notify the congressional defense committees within seven days of
a decision to carry out such a military construction project.
(including transfer of
funds)
123. During the 5-year period after
appropriations available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the period
of availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation Foreign
Currency Fluctuations, Construction, Defense, to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
124. None of the funds made available by this
Act may be used for any action that relates to or promotes the expansion of the
boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
125.
(a) Except as provided in subsection (b), none
of the funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that—
(1) performs a testing
mission or function that is not performed by any other unit in the Army and is
specifically stipulated in title 10, United States Code; and
(2) is located at a
military installation at which the total number of civilian employees of the
Department of the Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and reserve components of
the Army assigned to the installation.
(b)
Exception
Subsection
(a) shall not apply if the Secretary of the Army certifies to the congressional
defense committees that in proposing the relocation of the unit of the Army,
the Secretary complied with Army Regulation 5–10 relating to the policy,
procedures, and responsibilities for Army stationing actions.
(including rescission of
funds)
126. Of the unobligated balances available for
Military Construction, Army, from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an emergency
requirement), $89,000,000 are hereby
rescinded.
(including rescission of
funds)
127. Of the unobligated balances available for
Military Construction, Navy and Marine Corps, from prior
appropriations Acts (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism or as an
emergency requirement), $49,920,000 are hereby
rescinded.
(including rescission of
funds)
128. Of the unobligated balances available for
Military Construction, Defense-Wide, from prior appropriations
Acts (other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an emergency
requirement), $358,400,000 are hereby
rescinded.
(including rescission of
funds)
129. Of the unobligated balances available for
Military Construction, Army , from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an emergency
requirement), $50,000,000 are hereby
rescinded.
(including rescission of
funds)
130. Of the unobligated balances available for
Military Construction, Defense-Wide, from prior appropriations
Acts (other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an emergency
requirement), $16,470,000 are hereby
rescinded.
(including rescission of
funds)
131. Of the unobligated balances available for
Military Construction, Air National Guard, from prior
appropriations Acts (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism or as an
emergency requirement), $45,623,000 are hereby
rescinded.
(including rescission of
funds)
132. Of the unobligated balances made available
in prior appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374)
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an emergency
requirement), $50,000,000 are hereby
rescinded.
133. Discretionary appropriations in this title
are hereby reduced by $4,668,000.
134. Notwithstanding section 116, the Secretary
of Army may obligate from any available military construction funds such
additional funds that the Secretary determines are necessary to complete the
Explosive Research and Development Loading Facility, Picatinny Arsenal, New
Jersey.
135. For an additional amount for “Military
Construction, Navy and Marine Corps”,
$75,000,000, to remain available until September
30, 2018:
Provided, That notwithstanding
any other provision of law, such funds may be obligated and expended to carry
out planning and design and construction of projects that: (1) are of critical
importance to the Armed Forces; (2) will be conducted within the 50 States; and
(3) were contained in the fiscal year 2014 portion of the future-years defense
program submitted to Congress under section 221 of title 10, United States
Code, for fiscal years 2013 through 2017 and are also contained in the fiscal
year 2015 portion of the future-years defense program submitted under such
section for fiscal years 2014 through 2018:
Provided further,
That not later than 30 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
heading.
II
Department of veterans affairs
Veterans benefits
administration
Compensation and
pensions
(including transfer of
funds)
For the payment of
compensation benefits to or on behalf of veterans and a pilot program for
disability examinations as authorized by section 107 and chapters 11, 13, 18,
51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on
behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title
38, United States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-service
credits and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the Servicemembers
Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55,
and 61 of title 38, United States Code,
$71,248,171,000, to remain available until
expended:
Provided, That not to exceed
$9,232,000 of the amount appropriated under this
heading shall be reimbursed to General Operating Expenses, Veterans
Benefits Administration and Information Technology
Systems for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding source for
which is specifically provided as the Compensation and Pensions
appropriation:
Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall be
reimbursed to Medical Care Collections Fund to augment the
funding of individual medical facilities for nursing home care provided to
pensioners as authorized.
Readjustment
benefits
For the payment of
readjustment and rehabilitation benefits to or on behalf of veterans as
authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61
of title 38, United States Code, and for the payment of benefits under the
Veterans Retraining Assistance Program,
$13,135,898,000, to remain available until
expended:
Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
Veterans insurance and
indemnities
For military and
naval insurance, national service life insurance, servicemen's indemnities,
service-disabled veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States Code,
$77,567,000, to remain available until
expended.
Veterans housing benefit program
fund
For the cost of direct
and guaranteed loans, such sums as may be necessary to carry out the program,
as authorized by subchapters I through III of chapter 37 of title 38, United
States Code:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
during fiscal year 2014, within the resources available, not to exceed
$500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$158,430,000.
Vocational rehabilitation loans
program account
For the cost
of direct loans, $5,000, as authorized by
chapter 31 of title 38, United States Code:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
funds made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,500,000. In addition, for administrative expenses
necessary to carry out the direct loan program,
$354,000, which may be paid to the appropriation
for General Operating Expenses, Veterans Benefits
Administration.
Native american veteran housing
loan program account
For
administrative expenses to carry out the direct loan program authorized by
subchapter V of chapter 37 of title 38, United States Code,
$1,109,000.
Veterans health
administration
Medical services
For necessary expenses for furnishing, as
authorized by law, inpatient and outpatient care and treatment to beneficiaries
of the Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including medical supplies and
equipment, bioengineering services, food services, and salaries and expenses of
health care employees hired under title 38, United States Code, aid to State
homes as authorized by section 1741 of title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat.
1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized
by section 1787 of title 38, United States Code,
$45,015,527,000, plus reimbursements, shall
become available on October 1, 2014, and shall remain available until September
30, 2015:
Provided, That notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6:
Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans Affairs
may authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That
the implementation of the program described in the previous proviso shall incur
no additional cost to the Department of Veterans
Affairs.
Medical support and
compliance
For necessary
expenses in the administration of the medical, hospital, nursing home,
domiciliary, construction, supply, and research activities, as authorized by
law; administrative expenses in support of capital policy activities; and
administrative and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized under chapter 17 of title
38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C.
2651 et seq.), $5,879,700,000, plus
reimbursements, shall become available on October 1, 2014, and shall remain
available until September 30, 2015.
Medical facilities
For necessary expenses for the maintenance
and operation of hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real property
acquisition and disposition, construction, and renovation of any facility under
the jurisdiction or for the use of the Department; for oversight, engineering,
and architectural activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of materials; for
leases of facilities; and for laundry services,
$4,739,000,000, plus reimbursements, shall
become available on October 1, 2014, and shall remain available until September
30, 2015.
Medical and prosthetic
research
For necessary
expenses in carrying out programs of medical and prosthetic research and
development as authorized by chapter 73 of title 38, United States Code,
$585,664,000 (reduced by
$35,000,000) (increased by
$35,000,000), plus reimbursements, shall remain
available until September 30, 2015.
National cemetery
administration
For necessary
expenses of the National Cemetery Administration for operations and
maintenance, not otherwise provided for, including uniforms or allowances
therefor; cemeterial expenses as authorized by law; purchase of one passenger
motor vehicle for use in cemeterial operations; hire of passenger motor
vehicles; and repair, alteration or improvement of facilities under the
jurisdiction of the National Cemetery Administration,
$250,000,000, of which not to exceed
$25,000,000 shall remain available until
September 30, 2015.
Departmental
administration
General
administration
(including transfer of
funds)
For necessary operating
expenses of the Department of Veterans Affairs, not otherwise provided for,
including administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or allowances therefor;
not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and reimbursement of
the General Services Administration for security guard services,
$403,023,000, of which not to exceed
$20,151,000 shall remain available until
September 30, 2015:
Provided, That funds provided under
this heading may be transferred to General Operating Expenses, Veterans
Benefits Administration.
General operating expenses,
veterans benefits administration
For necessary operating expenses of the
Veterans Benefits Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of Defense for
the cost of overseas employee mail,
$2,455,490,000 (reduced by
$5,000,000) (increased by
$5,000,000) (reduced by
$44,000,000) (increased by
$44,000,000):
Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1) to the
maximum extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account:
Provided further, That
of the funds made available under this heading, not to exceed
$123,000,000 shall remain available until
September 30, 2015.
Information technology
systems
(including transfer of
funds)
For necessary expenses
for information technology systems and telecommunications support, including
developmental information systems and operational information systems; for pay
and associated costs; and for the capital asset acquisition of information
technology systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations authorized
by section 3109 of title 5, United States Code,
$3,683,344,000, plus reimbursements:
Provided, That
$1,026,400,000 shall be for pay and associated
costs, of which not to exceed $30,792,000 shall
remain available until September 30, 2015:
Provided further, That
$2,161,653,000 shall be for operations and
maintenance, of which not to exceed $151,316,000
shall remain available until September 30, 2015:
Provided further, That
$495,291,000 shall be for information technology
systems development, modernization, and enhancement, and shall remain available
until September 30, 2015:
Providedfurther,
That amounts made available for information technology systems development,
modernization, and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information Officer of the
Department of Veterans Affairs submits to the Committees on Appropriations of
both Houses of Congress a certification of the amounts, in parts or in full, to
be obligated and expended for each development project:
Provided further, That
amounts made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and enhancement
may be transferred among the three sub-accounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued:
Provided further, That
amounts made available for the Information Technology Systems
account for development, modernization, and enhancement may be transferred
among projects or to newly defined projects:
Provided further, That
no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request
to the Committees on Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a period of 30 days
has elapsed:
Provided further, That
none of the funds made available under this heading may be obligated or
expended for the development or procurement of an electronic health record
except for a health record as set forth in the Joint Strategic Plan for Fiscal
Years 2013–2015 of the Department of Veteran Affairs and Department of Defense,
Joint Executive Council:
Provided further, That
the funds made available under this heading for information technology systems
development, modernization, and enhancement, shall be for the projects, and in
the amounts, specified under this heading in the report accompanying this
Act.
Office of inspector
general
For necessary expenses
of the Office of Inspector General, to include information technology, in
carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $116,411,000, of which
$6,000,000 shall remain available until
September 30, 2015.
Construction, major
projects
For constructing,
altering, extending, and improving any of the facilities, including parking
projects, under the jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, and
chapter 81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs, and
site acquisition, where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code, or where
funds for a project were made available in a previous major project
appropriation, $342,130,000, of which
$322,130,000 shall remain available until
September 30, 2018, and of which $20,000,000
shall remain available until expended:
Provided further, That
except for advance planning activities, including needs assessments which may
or may not lead to capital investments, and other capital asset management
related activities, including portfolio development and management activities,
and investment strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund, including
needs assessments which may or may not lead to capital investments, and
salaries and associated costs of the resident engineers who oversee those
capital investments funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration through the land
acquisition line item, none of the funds made available under this heading
shall be used for any project which has not been approved by the Congress in
the budgetary process:
Provided further, That
funds made available under this heading for fiscal year 2014, for each approved
project shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2014; and (2) by the awarding of a construction
contract by September 30, 2015:
Provided further, That
the Secretary of Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any approved
major construction project for which obligations are not incurred within the
time limitations established above.
Construction, minor
projects
For constructing,
altering, extending, and improving any of the facilities, including parking
projects, under the jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may lead to capital
investments, architectural and engineering services, maintenance or guarantee
period services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the purposes set forth
in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code,
not otherwise provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $714,870,000, to remain available
until September 30, 2018, along with unobligated balances of previous
Construction, Minor Projects appropriations which are hereby
made available for any project where the estimated cost is equal to or less
than the amount set forth in such section:
Provided, That funds made available
under this heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
Grants for construction of state
extended care facilities
For
grants to assist States to acquire or construct State nursing home and
domiciliary facilities and to remodel, modify, or alter existing hospital,
nursing home, and domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title 38, United States
Code, $82,650,000, to remain available until
expended.
Grants for construction of
veterans cemeteries
For grants
to assist States and tribal organizations in establishing, expanding, or
improving veterans cemeteries as authorized by section 2408 of title 38, United
States Code, $44,650,000, to remain available
until expended.
Administrative
provisions
(including transfer of
funds)
201. Any appropriation
for fiscal year 2014 for Compensation and Pensions,
Readjustment Benefits, and Veterans Insurance and
Indemnities may be transferred as necessary to any other of the
mentioned appropriations:
Provided, That before a transfer
may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a response, a
period of 30 days has elapsed.
(including transfer of
funds)
202. Amounts made available for the Department
of Veterans Affairs for fiscal year 2014, in this Act or any other Act, under
the Medical Services, Medical Support and
Compliance, and Medical Facilities accounts may be
transferred among the accounts:
Provided, That any transfers
between the Medical Services and Medical Support and
Compliance accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place subject to
notification from the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress of the amount and purpose of the
transfer:
Provided further,
That any transfers between the Medical Services and
Medical Support and Compliance accounts in excess of 1 percent,
or exceeding the cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is
issued:
Provided further,
That any transfers to or from the Medical Facilities account may
take place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the transfer
and an approval is issued.
203. Appropriations
available in this title for salaries and expenses shall be available for
services authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles; lease of a facility or land or both; and uniforms or
allowances therefore, as authorized by sections 5901 through 5902 of title 5,
United States Code.
204. No appropriations
in this title (except the appropriations for Construction, Major
Projects and Construction, Minor Projects) shall be
available for the purchase of any site for or toward the construction of any
new hospital or home.
205. No appropriations
in this title shall be available for hospitalization or examination of any
persons (except beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States Code, or
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the Medical Services account at such
rates as may be fixed by the Secretary of Veterans Affairs.
206. Appropriations
available in this title for Compensation and Pensions,
Readjustment Benefits, and Veterans Insurance and
Indemnities shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2013.
207. Appropriations
available in this title shall be available to pay prior year obligations of
corresponding prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only from
Compensation and Pensions.
(including transfer of
funds)
208. Notwithstanding
any other provision of law, during fiscal year 2014, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under section 1920
of title 38, United States Code, the Veterans' Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United States
Code, reimburse the General Operating Expenses, Veterans Benefits
Administration and Information Technology Systems
accounts for the cost of administration of the insurance programs financed
through those accounts:
Provided, That reimbursement
shall be made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2014 that are available for dividends in that
program after claims have been paid and actuarially determined reserves have
been set aside:
Provided further,
That if the cost of administration of such an insurance program exceeds the
amount of surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings:
Provided further,
That the Secretary shall determine the cost of administration for fiscal year
2014 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance included
in that insurance program.
209. Amounts deducted
from enhanced-use lease proceeds to reimburse an account for expenses incurred
by that account during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the proceeds are
received.
(including transfer of
funds)
210. Funds available
in this title or funds for salaries and other administrative expenses shall
also be available to reimburse the Office of Resolution Management of the
Department of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States Code, for
all services provided at rates which will recover actual costs but not exceed
$42,904,000 for the Office of Resolution
Management and $3,360,000 for the Office of
Employment and Discrimination Complaint Adjudication:
Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further,
That amounts received shall be credited to the General
Administration and Information Technology Systems
accounts for use by the office that provided the service.
211. No appropriations
in this title shall be available to enter into any new lease of real property
if the estimated annual rental cost is more than
$1,000,000, unless the Secretary submits a
report which the Committees on Appropriations of both Houses of Congress
approve within 30 days following the date on which the report is
received.
212. No funds of the
Department of Veterans Affairs shall be available for hospital care, nursing
home care, or medical services provided to any person under chapter 17 of title
38, United States Code, for a non-service-connected disability described in
section 1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may require,
current, accurate third-party reimbursement information for purposes of section
1729 of such title:
Provided, That the Secretary may
recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does not make
such disclosure as required:
Provided further,
That any amounts so recovered for care or services provided in a prior fiscal
year may be obligated by the Secretary during the fiscal year in which amounts
are received.
(including transfer of
funds)
213. Notwithstanding
any other provision of law, proceeds or revenues derived from enhanced-use
leasing activities (including disposal) may be deposited into the
Construction, Major Projects and Construction, Minor
Projects accounts and be used for construction (including site
acquisition and disposition), alterations, and improvements of any medical
facility under the jurisdiction or for the use of the Department of Veterans
Affairs. Such sums as realized are in addition to the amount provided for in
Construction, Major Projects and Construction, Minor
Projects.
214. Amounts made available under Medical
Services are available—
(1) for furnishing
recreational facilities, supplies, and equipment; and
(2) for funeral
expenses, burial expenses, and other expenses incidental to funerals and
burials for beneficiaries receiving care in the Department.
(including transfer of
funds)
215. Such sums as may
be deposited to the Medical Care Collections Fund pursuant to section 1729A of
title 38, United States Code, may be transferred to Medical
Services, to remain available until expended for the purposes of that
account.
216. The Secretary of
Veterans Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with the
Indian Health Service, and Indian tribes and tribal organizations serving rural
Alaska which have entered into contracts with the Indian Health Service under
the Indian Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary shall
require participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term rural
Alaska shall mean those lands sited within the external boundaries of
the Alaska Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), and those
lands within the Alaska Native regions specified in sections 7(a)(5) and
7(a)(6) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the Municipality of Anchorage,
the Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska
Susitna Borough.
(including transfer of
funds)
217. Such sums as may
be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant
to section 8118 of title 38, United States Code, may be transferred to the
Construction, Major Projects and Construction, Minor
Projects accounts, to remain available until expended for the purposes
of these accounts.
218. None of the funds made available in this
title may be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
219. The Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
(including transfer of
funds)
220. Amounts made available under the
Medical Services, Medical Support and Compliance,
Medical Facilities, General Operating Expenses, Veterans
Benefits Administration, General Administration, and
National Cemetery Administration accounts for fiscal year 2014
may be transferred to or from the Information Technology Systems
account:
Provided, That before a transfer
may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued.
221. Of the amounts made available to the
Department of Veterans Affairs for fiscal year 2014, in this Act or any other
Act, under the Medical Facilities account for nonrecurring
maintenance, not more than 20 percent of the funds made available shall be
obligated during the last 2 months of that fiscal year:
Provided, That the Secretary may
waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
(including transfer of
funds)
222. Of the amounts appropriated to the
Department of Veterans Affairs for fiscal year 2014 for Medical
Services, Medical Support and Compliance, Medical
Facilities, Construction, Minor Projects, and
Information Technology Systems, up to
$254,257,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571) and may be used for operation of the facilities designated as
combined Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law
110–417; 122 Stat. 4500):
Provided, That additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of Congress.
(including transfer of
funds)
223. Such sums as may be deposited to the
Medical Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for health care provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417;
122 Stat. 4500) shall also be available: (1) for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and
(2) for operations of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
4500).
(including transfer of
funds)
224. Of the amounts available in this title for
Medical Services, Medical Support and Compliance,
and Medical Facilities, a minimum of
$15,000,000, shall be transferred to the DOD–VA
Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title
38, United States Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of
funds)
225.
(a) Of the discretionary funds made available
to the Department of Veterans Affairs for fiscal year 2014, the following
amounts which became available on October 1, 2013, are hereby rescinded from
the following accounts in the amounts specified:
(1) Department
of Veterans Affairs, Medical Services,
$1,400,000,000.
(2) Department
of Veterans Affairs, Medical Support and Compliance,
$100,000,000.
(3) Department
of Veterans Affairs, Medical Facilities,
$250,000,000.
(b) In addition to amounts provided elsewhere
in this Act, an additional amount is appropriated to the following accounts in
the amounts specified to remain available until September 30, 2015:
(1) Department
of Veterans Affairs, Medical Services,
$1,400,000,000.
(2) Department
of Veterans Affairs, Medical Support and Compliance,
$100,000,000.
(3) Department
of Veterans Affairs, Medical Facilities,
$250,000,000.
226. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total at least
$5,000,000, or 5 percent of the programmed
amount of the project, whichever is less:
Provided, That such notification
shall occur within 14 days of a contract identifying the programmed amount:
Provided further,
That the Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and shall
describe the anticipated use of such savings.
227. The scope of work for a project included in
Construction, Major Projects may not be increased above the
scope specified for that project in the original justification data provided to
the Congress as part of the request for appropriations.
228. The Secretary of the Department of Veterans
Affairs shall provide on a quarterly basis to the Committees on Appropriations
of both Houses of Congress notification of any single national outreach and
awareness marketing campaign in which obligations exceed
$2,000,000.
229. The Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a reprogramming request
if at any point during fiscal year 2014, the funding allocated for a medical
care initiative identified in the fiscal year 2014 expenditure plan is adjusted
by more than $25,000,000 from the allocation
shown in the corresponding congressional budget justification. Such a
reprogramming request may go forward only if the Committees on Appropriations
of both Houses of Congress approve the request or if a period of 14 days has
elapsed.
(including rescission of
funds)
230. Discretionary fiscal year 2014
appropriations in this title are hereby reduced by
$24,000,000:
Provided, That the Secretary of
Veterans Affairs shall allocate this reduction within the accounts to which the
reduction is applied:
Provided further,
That $156,000,000 are hereby rescinded from the
fiscal year 2014 funds appropriated in title II of division E of Public Law
113–6 for “Department of Veterans Affairs, Medical Services”, “Department of
Veterans Affairs, Medical Support and Compliance”, and “Department of Veterans
Affairs, Medical Facilities”:
Provided further,
That the Secretary shall allocate this rescission among the three
accounts.
III
Related agencies
American battle monuments
commission
Salaries and
expenses
For necessary
expenses, not otherwise provided for, of the American Battle Monuments
Commission, including the acquisition of land or interest in land in foreign
countries; purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor vehicles; not
to exceed $7,500 for official reception and
representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$57,980,000, to remain available until
expended.
Foreign currency fluctuations
account
For necessary
expenses, not otherwise provided for, of the American Battle Monuments
Commission, such sums as may be necessary, to remain available until expended,
for purposes authorized by section 2109 of title 36, United States
Code.
United states court of appeals
for veterans claims
Salaries and
expenses
For necessary
expenses for the operation of the United States Court of Appeals for Veterans
Claims as authorized by sections 7251 through 7298 of title 38, United States
Code, $35,272,000:
Provided, That
$2,500,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this heading in Public Law
102–229.
Department of
defense—Civil
Cemeterial expenses,
Army
Salaries and
expenses
For necessary
expenses, as authorized by law, for maintenance, operation, and improvement of
Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase or lease of passenger motor vehicles for replacement on
a one-for-one basis only, and not to exceed
$1,000 for official reception and representation
expenses, $70,685,000. In addition, such sums as
may be necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Armed forces retirement
home
Trust fund
For expenses necessary for the Armed Forces
Retirement Home to operate and maintain the Armed Forces Retirement
Home—Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,400,000, of
which $1,000,000 shall remain available until
expended for construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and the Armed Forces
Retirement Home—Gulfport, Mississippi.
Administrative
provision
301. Funds
appropriated in this Act under the heading Department of Defense—Civil,
Cemeterial Expenses, Army, may be provided to Arlington County,
Virginia, for the relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for ground burials.
IV
General provisions
401. No part of any
appropriation contained in this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.
402. None of the funds
made available in this Act may be used for any program, project, or activity,
when it is made known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in compliance with
any Federal law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
403. No part of any funds appropriated in this
Act shall be used by an agency of the executive branch, other than for normal
and recognized executive-legislative relationships, for publicity or propaganda
purposes, and for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation designed to
support or defeat legislation pending before Congress, except in presentation
to Congress itself.
404. All departments
and agencies funded under this Act are encouraged, within the limits of the
existing statutory authorities and funding, to expand their use of
E-Commerce technologies and procedures in the conduct of their
business practices and public service activities.
405. Unless stated
otherwise, all reports and notifications required by this Act shall be
submitted to the Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of the House of
Representatives and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations of the
Senate.
406. None of the funds
made available in this Act may be transferred to any department, agency, or
instrumentality of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other appropriations
Act.
407. None of the funds made available in this
Act may be used for a project or program named for an individual serving as a
Member, Delegate, or Resident Commissioner of the United States House of
Representatives.
408.
(a) Any agency receiving funds made available
in this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the Congress in
this or any other Act, upon the determination by the head of the agency that it
shall serve the national interest.
(b) Subsection (a)
shall not apply to a report if—
(1) the public posting
of the report compromises national security; or
(2) the report
contains confidential or proprietary information.
(c) The head of the
agency posting such report shall do so only after such report has been made
available to the requesting Committee or Committees of Congress for no less
than 45 days.
409.
(a) None of the funds made available in this
Act may be used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in
subsection (a) shall limit the use of funds necessary for any Federal, State,
tribal, or local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication activities.
410. None of the funds made available in this
Act may be distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries or successors.
411. None of the funds made available in this
Act may be used by an agency of the executive branch to exercise the power of
eminent domain (to take the private property for public use) without the
payment of just compensation.
412. None of the funds made available in this
Act may be used by an agency of the executive branch to pay for first-class
travel by an employee of the agency in contravention of sections 301–10.122
through 301–10.124 of title 41, Code of Federal Regulations.
413.
(a)
In
General
None of the funds
appropriated or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual detained at
United States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control of the Department
of Defense.
(b) The prohibition in
subsection (a) shall not apply to any modification of facilities at United
States Naval Station, Guantanamo Bay, Cuba.
(c) An individual
described in this subsection is any individual who, as of June 24, 2009, is
located at United States Naval Station, Guantanamo Bay, Cuba, and who—
(1) is not a citizen
of the United States or a member of the Armed Forces of the United States;
and
(2) is—
(A) in the custody or
under the effective control of the Department of Defense; or
(B) otherwise under
detention at United States Naval Station, Guantanamo Bay, Cuba.
414. None of the funds made available in this
Act may be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with Executive
Order No. 12989.
415. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless the agency has considered suspension or
debarment of the corporation and has made a determination that this further
action is not necessary to protect the interests of the Government.
416. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to protect
the interests of the Government.
417. None of the funds made available in this
Act may be used to wind down or otherwise alter the implementation of a
program, project, or activity in anticipation of any change (including any
elimination or reduction of funding) proposed in a budget request, until such
proposed change is subsequently enacted in an appropriation Act.
Spending reduction
account
418. The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is
$0.
419.
(a) None of the funds made available in this
Act may be used to pay more than 75 percent of the salary of any senior
Department of Veterans Affairs official during the period beginning on July 1,
2014, and ending on September 30, 2014, unless as of July 1, 2014, the
percentage of disability compensation claims that are more than 125 days old is
less than or equal to 40 percent.
(b) In this section, the term senior
Department of Veterans Affairs official means the Secretary of Veterans
Affairs, the Deputy Secretary of Veterans Affairs, and any Under Secretary or
Assistant Secretary of Veterans Affairs.
420. None of the funds made available by this
Act may be used for any conference (as described in the Office of Management
and Budget Memorandum M–12–12, Promoting Efficient Spending to Support
Agency Operations, dated May 11, 2012) for which the cost to the agency
exceeds $500,000.
421. None of the funds made available by this
Act may be used by the Secretary of Veterans Affairs to pay a performance award
under section 5384 of title 5, United States Code.
422. None of the funds made available by this
Act may be used to enter into a contract with any offeror or any of its
principals if the offeror certifies, as required by Federal Acquisition
Regulation, that the offeror or any of its principals—
(1) within a 3-year
period preceding this offer has been convicted of or had a civil judgment
rendered against it for: (A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or (B)
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) are presently
indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated above in paragraph
(1); or
(3) within a 3-year
period preceding this offer, has been notified of any delinquent Federal taxes
in an amount that exceeds $3,000 for which the
liability remains unsatisfied.
423. None of the funds made available by this
Act may be used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
424. None of the funds made available by this
Act may be used to award any contract in an amount greater than
$1,000,000 for which the Department of Defense
did not receive at least two offers.
425. None of the funds made available by this
Act, including the funds made available for Construction, Major
Projects, may be used to increase the funding for any major medical
facility project (as defined in subsection (a)(3)(A) of section 8104 of title
38, United States Code), which is under construction as of the date of the
enactment of this Act, above the amount specified in the prospectus described
in subsection (b) of such section 8104 and the detailed estimate of cost
described in paragraph (1) of such subsection.
426. None of the funds made available by this
Act may be used by the Department of Defense or the Department of Veterans
Affairs to lease or purchase new light duty vehicles for any executive fleet,
or for an agency’s fleet inventory, except in accordance with Presidential
Memorandum—Federal Fleet Performance, dated May 24, 2011.
427. The amounts otherwise provided by this Act
are revised by reducing the amount made available for Department of
Veterans Affairs—Departmental Administration—General Administration,
and increasing the amount made available for Department of Veterans
Affairs—Departmental Administration—Information Technology Systems, by
$10,000,000.
428. None of the funds made available by this
Act may be used to maintain or improve Department of Defense real property with
a zero percent utilization rate according to the Department’s real property
inventory database, except in the case of maintenance of an historic property
as required by the National Historic Preservation Act (16 U.S.C. 470 et seq.)
or maintenance to prevent a negative environmental impact as required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2014, and for other purposes, namely:
I
Department of defense
Military construction, army
For acquisition, construction, installation,
and equipment of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by law,
including personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the Commander in Chief,
$1,119,875,000, to remain available until
September 30, 2018:
Provided, That of this amount, not
to exceed $41,575,000 shall be available for
study, planning, design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, navy and marine
corps
For acquisition,
construction, installation, and equipment of temporary or permanent public
works, naval installations, facilities, and real property for the Navy and
Marine Corps as currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services necessary for the
purposes of this appropriation, $1,614,596,000,
to remain available until September 30, 2018:
Provided, That of this amount, not
to exceed $89,830,000 shall be available for
study, planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military construction, air
force
For acquisition, construction, installation,
and equipment of temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized by law,
$1,153,960,000, to remain available until
September 30, 2018:
Provided, That of this amount, not
to exceed $14,321,000 shall be available for
study, planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Air Force determines that additional obligations
are necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor:
Provided further, That
none of the funds provided under this heading for military construction in the
United Kingdom as identified in the table entitled Military Construction
Project Listing by Location in the report accompanying this Act may be
obligated or expended until the Department of Defense completes a European
Consolidation Study, and the Secretary of Defense (1) provides to the
Committees on Appropriations of the Senate and the House of Representatives a
comprehensive European basing strategy reflecting the findings of the
Consolidation Study, and (2) certifies in writing the requirement identified in
the study for each of the military construction projects in the United Kingdom
funded in this section:
Provided further, That
none of the funds provided under this heading for military construction in
Saipan or for Pacific Airpower Resiliency projects in Guam, Joint Region
Marianas, as identified in the table entitled Military Construction
Project Listing by Location in the report accompanying this Act, may be
obligated or expended until the Department of Defense completes a Pacific
Resiliency Study and the Secretary of Defense (1) provides to the Committees on
Appropriations of the Senate and the House of Representatives a comprehensive
Pacific Resiliency Plan, and (2) certifies in writing the requirement
identified in the study for each of the military construction projects in
Saipan, and for the Pacific Airpower Resiliency projects in Guam funded in this
section.
Military construction,
defense-Wide
(including transfer of funds)
For acquisition, construction, installation,
and equipment of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law,
$3,766,553,000, to remain available until
September 30, 2018:
Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense may be
transferred to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be
merged with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred:
Provided further, That
of the amount appropriated, not to exceed
$237,838,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons therefor:
Provided further, That
none of the funds provided under this heading for military construction in
Germany or the United Kingdom as identified in the table entitled
Military Construction Project Listing by Location in the report
accompanying this Act may be obligated or expended until the Department of
Defense completes a European Consolidation Study, and the Secretary of Defense
(1) provides to the Committees on Appropriations of the Senate and the House of
Representatives a comprehensive European basing strategy reflecting the
findings of the Consolidation Study, and (2) certifies in writing the
requirement identified in the study for each of the military construction
projects in Germany and the United Kingdom funded in this section:
Provided further, That
of the amount appropriated, notwithstanding any other provision of law,
$38,513,000 shall be available for payments to
the North Atlantic Treaty Organization for the planning, design, and
construction of a new North Atlantic Treaty Organization
headquarters.
Military construction, army national
guard
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts,
$320,815,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $29,005,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, air national
guard
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts,
$119,800,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $13,400,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Air National Guard determines
that additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, army
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Army Reserve as authorized by chapter 1803
of title 10, United States Code, and Military Construction Authorization Acts,
$174,060,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $14,212,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military construction, navy
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the reserve components of the Navy and Marine
Corps as authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts,
$32,976,000, to remain available until September
30, 2018:
Provided, That of the amount
appropriated, not to exceed $2,540,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the reasons
therefor.
Military construction, air force
reserve
For construction,
acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Air Force Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction Authorization
Acts, $45,659,000, to remain available until
September 30, 2018:
Provided, That of the amount
appropriated, not to exceed $2,229,000 shall be
available for study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North atlantic treaty
organization
security investment program
For the United States share of the cost of
the North Atlantic Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and installations
(including international military headquarters) and for related expenses for
the collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $239,700,000, to remain
available until expended.
Family housing construction,
army
For expenses of family
housing for the Army for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$27,408,000, to remain available until September
30, 2018.
Family housing operation and maintenance,
army
For expenses of family
housing for the Army for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and insurance
premiums, as authorized by law,
$512,871,000.
Family housing construction, navy and
marine corps
For expenses of
family housing for the Navy and Marine Corps for construction, including
acquisition, replacement, addition, expansion, extension, and alteration, as
authorized by law, $73,407,000, to remain
available until September 30, 2018.
Family housing operation and maintenance,
navy and marine corps
For
expenses of family housing for the Navy and Marine Corps for operation and
maintenance, including debt payment, leasing, minor construction, principal and
interest charges, and insurance premiums, as authorized by law,
$389,844,000.
Family housing construction, air
force
For expenses of family
housing for the Air Force for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$76,360,000, to remain available until September
30, 2018.
Family housing operation and maintenance,
air force
For expenses of
family housing for the Air Force for operation and maintenance, including debt
payment, leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law,
$388,598,000.
Family housing operation and maintenance,
defense-Wide
For expenses of
family housing for the activities and agencies of the Department of Defense
(other than the military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law,
$55,845,000.
Department of defense family housing
improvement fund
For the
Department of Defense Family Housing Improvement Fund,
$1,780,000, to remain available
until expended, for family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting
facilities.
Chemical demilitarization construction,
defense-Wide
For expenses of
construction, not otherwise provided for, necessary for the destruction of the
United States stockpile of lethal chemical agents and munitions in accordance
with section 1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical warfare materials that
are not in the chemical weapon stockpile, as currently authorized by law,
$122,536,000, to remain available until
September 30, 2018, which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of defense base closure
account
For deposit into the
Department of Defense Base Closure Account 1990, established by section
2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), as amended by section 2711 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112–239),
$451,357,000, to remain available until
expended.
Administrative
provisions
101. None of the funds made available in this
title shall be expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed
$25,000, to be performed within the United
States, except Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
102. Funds made available in this title for
construction shall be available for hire of passenger motor vehicles.
103. Funds made available in this title for
construction may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads as
authorized by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense by the
Secretary of Defense.
104. None of the funds made available in this
title may be used to begin construction of new bases in the United States for
which specific appropriations have not been made.
105. None of the funds made available in this
title shall be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a determination of
value by a Federal court; (2) purchases negotiated by the Attorney General or
the designee of the Attorney General; (3) where the estimated value is less
than $25,000; or (4) as otherwise determined by
the Secretary of Defense to be in the public interest.
106. None of the funds made available in this
title shall be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for military
construction.
107. None of the funds made available in this
title for minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
108. None of the funds made available in this
title may be used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and manufacturers
have been denied the opportunity to compete for such steel procurement.
109. None of the funds available to the
Department of Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in any foreign
nation.
110. None of the funds made available in this
title may be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses of
Congress.
111. None of the funds made available in this
title may be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such contracts are
awarded to United States firms or United States firms in joint venture with
host nation firms.
112. None of the funds made available in this
title for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated by the Government
to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall
not be applicable to contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further,
That this section shall not apply to contract awards for military construction
on Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise involving
United States personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
114. Not more than 20 percent of the funds made
available in this title which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the fiscal
year.
115. Funds appropriated to the Department of
Defense for construction in prior years shall be available for construction
authorized for each such military department by the authorizations enacted into
law during the current session of Congress.
116. For military construction or family housing
projects that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of associated
supervision, inspection, overhead, engineering and design on those projects and
on subsequent claims, if any.
117. Notwithstanding any other provision of law,
any funds made available to a military department or defense agency for the
construction of military projects may be obligated for a military construction
project or contract, or for any portion of such a project or contract, at any
time before the end of the fourth fiscal year after the fiscal year for which
funds for such project were made available, if the funds obligated for such
project: (1) are obligated from funds available for military construction
projects; and (2) do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased pursuant to
law.
(including transfer of
funds)
118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the Defense
Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687
note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the
account established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged with, and to be
available for the same purposes and the same time period as that
account.
(transfer of
funds)
119. Subject to 30 days prior notification, or
14 days for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as may be
determined by the Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from amounts appropriated
for construction in Family Housing accounts, to be merged with
and to be available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in Military
Construction accounts, to be merged with and to be available for the
same purposes and for the same period of time as amounts appropriated directly
to the Fund:
Provided, That appropriations
made available to the Funds shall be available to cover the costs, as defined
in section 502(5) of the Congressional Budget Act of 1974, of direct loans or
loan guarantees issued by the Department of Defense pursuant to the provisions
of subchapter IV of chapter 169 of title 10, United States Code, pertaining to
alternative means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(transfer of
funds)
120. In addition to any other transfer authority
available to the Department of Defense, amounts may be transferred from the
accounts established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with
the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for the same purposes
and for the same time period as the fund to which transferred.
121. Notwithstanding any other provision of law,
funds made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than
$35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters without 30 days
prior notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States Code, to
the Committees on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission:
Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation and
maintenance expenditures for each individual general or flag officer quarters
for the prior fiscal year.
122. Amounts contained in the Ford Island
Improvement Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
123. None of the funds made available in this
title, or in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at or for a
military installation approved for closure, or at a military installation for
the purposes of supporting a function that has been approved for realignment to
another installation, in 2005 under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note),
unless such a project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new mission
or function that is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of carrying out such
project would be less than the cost to the United States of cancelling such
project, or if the project is at an active component base that shall be
established as an enclave or in the case of projects having multi-agency use,
that another Government agency has indicated it will assume ownership of the
completed project. The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military construction
project, land acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section shall not
apply to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality:
Provided, That the Secretary of
Defense shall notify the congressional defense committees within 7 days of a
decision to carry out such a military construction project.
(including transfer of
funds)
124. During the 5-year period after
appropriations available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and construction have
expired for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the period
of availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation Foreign
Currency Fluctuations, Construction, Defense, to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
125. Amounts appropriated or otherwise made
available in an account funded under the headings in this title may be
transferred among projects and activities within the account in accordance with
the reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management Regulation
7000.14–R, Volume 3, Chapter 7, of February 2009, as in effect on the date of
enactment of this Act.
126. None of the funds made available in this
title may be obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
127. None of the funds appropriated or otherwise
made available by this Act may be used for decommissioning the Combined Heat
and Power Plant at Clear Air Force Station, Alaska, until the Comptroller
General of the United States conducts a review of the data used by the
Department of Defense, including data in the Environmental Impact Statement and
Fiscal Year 2010 Feasibility Study, to determine whether decommissioning the
Combined Heat and Power Plant is the most cost-effective and beneficial option
for the day-to-day operations and missions at the installation in support of
United States national security.
II
Department of veterans affairs
Veterans Benefits
Administration
Compensation and
pensions
(including transfer of funds)
For the payment of compensation benefits to
or on behalf of veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title
38, United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code;
and burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life insurance policies
guaranteed under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by
sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $71,248,171,000,
to remain available until expended:
Provided, That not to exceed
$9,232,000 of the amount appropriated under this
heading shall be reimbursed to General operating expenses, Veterans
Benefits Administration, Medical support and compliance,
and Information technology systems for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically provided as the
Compensation and pensions appropriation:
Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall be
reimbursed to Medical care collections fund to augment the
funding of individual medical facilities for nursing home care provided to
pensioners as authorized.
Readjustment benefits
For the payment of readjustment and
rehabilitation benefits to or on behalf of veterans as authorized by chapters
21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, and for the payment of benefits under the Veterans Retraining
Assistance Program, $13,135,898,000, to remain
available until expended:
Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
Veterans insurance and
indemnities
For military and
naval insurance, national service life insurance, servicemen's indemnities,
service-disabled veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States Code,
$77,567,000, to remain available until
expended.
Veterans housing benefit program
fund
For the cost of direct
and guaranteed loans, such sums as may be necessary to carry out the program,
as authorized by subchapters I through III of chapter 37 of title 38, United
States Code:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
during fiscal year 2014, within the resources available, not to exceed
$500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$158,430,000.
Vocational rehabilitation loans program
account
For the cost of direct
loans, $5,000, as authorized by chapter 31 of
title 38, United States Code:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
funds made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,500,000. In addition, for administrative expenses
necessary to carry out the direct loan program,
$354,000, which may be paid to the appropriation
for General operating expenses, Veterans Benefits
Administration.
Native american veteran housing loan
program account
For
administrative expenses to carry out the direct loan program authorized by
subchapter V of chapter 37 of title 38, United States Code,
$1,109,000.
Veterans health
administration
Medical services
For necessary expenses for furnishing, as
authorized by law, inpatient and outpatient care and treatment to beneficiaries
of the Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including medical supplies and
equipment, bioengineering services, food services, and salaries and expenses of
healthcare employees hired under title 38, United States Code, aid to State
homes as authorized by section 1741 of title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat.
1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized
by section 1787 of title 38, United States Code;
$25,000,000, which shall be in addition to funds
previously appropriated under this heading that become available on October 1,
2013; and, in addition, $45,015,527,000, plus
reimbursements, shall become available on October 1, 2014, and shall remain
available until September 30, 2015:
Provided, That notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6:
Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans Affairs
may authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That
the implementation of the program described in the previous proviso shall incur
no additional cost to the Department of Veterans
Affairs.
Medical support and
compliance
For necessary
expenses in the administration of the medical, hospital, nursing home,
domiciliary, construction, supply, and research activities, as authorized by
law; administrative expenses in support of capital policy activities; and
administrative and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized under chapter 17 of title
38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C.
2651 et seq.); $5,879,700,000, plus
reimbursements, shall become available on October 1, 2014, and shall remain
available until September 30, 2015.
Medical facilities
For necessary expenses for the maintenance
and operation of hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real property
acquisition and disposition, construction, and renovation of any facility under
the jurisdiction or for the use of the Department; for oversight, engineering,
and architectural activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of materials; for
leases of facilities; and for laundry services;
$100,000,000 which shall be in addition to funds
previously appropriated under this heading that become available on October 1,
2013; and, in addition, $4,739,000,000, plus
reimbursements, shall become available on October 1, 2014, and shall remain
available until September 30, 2015.
Medical and prosthetic
research
For necessary
expenses in carrying out programs of medical and prosthetic research and
development as authorized by chapter 73 of title 38, United States Code,
$585,664,000, plus reimbursements, shall remain
available until September 30, 2015.
National cemetery
administration
For necessary
expenses of the National Cemetery Administration for operations and
maintenance, not otherwise provided for, including uniforms or allowances
therefor; cemeterial expenses as authorized by law; purchase of one passenger
motor vehicle for use in cemeterial operations; hire of passenger motor
vehicles; and repair, alteration or improvement of facilities under the
jurisdiction of the National Cemetery Administration,
$250,000,000, of which not to exceed
$25,000,000 shall remain available until
September 30, 2015.
Departmental
administration
General
administration
(Including transfer of funds)
For necessary operating expenses of the
Department of Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital planning,
management and policy activities, uniforms, or allowances therefor; not to
exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and reimbursement of
the General Services Administration for security guard services,
$415,885,000, of which not to exceed
$20,151,150 shall remain available until
September 30, 2015:
Provided, That the Board of
Veterans Appeals shall be funded at not less than
$88,294,000:
Provided further, That funds provided under this heading may
be transferred to General operating expenses, Veterans Benefits
Administration.
General operating expenses, Veterans
Benefits Administration
For
necessary operating expenses of the Veterans Benefits Administration, not
otherwise provided for, including hire of passenger motor vehicles,
reimbursement of the General Services Administration for security guard
services, and reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,465,490,000:
Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1) to the
maximum extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account:
Provided further, That
of the funds made available under this heading, not to exceed
$123,000,000 shall remain available until
September 30, 2015:
Provided further, That
from the funds made available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement basis only) up to two
passenger motor vehicles for use in operations of that Administration in
Manila, Philippines.
Information technology
systems
For necessary expenses
for information technology systems and telecommunications support, including
developmental information systems and operational information systems; for pay
and associated costs; and for the capital asset acquisition of information
technology systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations authorized
by section 3109 of title 5, United States Code,
$3,703,344,000, plus reimbursements:
Provided, That
$1,011,400,000 shall be for pay and associated
costs, of which not to exceed $30,792,000 shall
remain available until September 30, 2015:
Provided further, That
$2,196,653,000 shall be for operations and
maintenance, of which not to exceed $152,716,000
shall remain available until September 30, 2015:
Provided further, That
$495,291,000 shall be for information technology
systems development, modernization, and enhancement, and shall remain available
until September 30, 2015:
Provided further, That
amounts made available for information technology systems development,
modernization, and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information Officer of the
Department of Veterans Affairs submits to the Committees on Appropriations of
both Houses of Congress a certification of the amounts, in parts or in full, to
be obligated and expended for each development project:
Provided further, That
amounts made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and enhancement
may be transferred among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued: Provided further, That amounts made
available for the Information technology systems account for
development, modernization, and enhancement may be transferred among projects
or to newly defined projects: Provided
further, That no project may be increased or decreased by
more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a response, a period of
30 days has elapsed: Provided
further, That of the funds provided for information
technology systems development, modernization, and enhancement for the
development of a joint or interoperable Department of Defense—Department of
Veterans Affairs (DOD–VA) integrated electronic health record (iEHR), not more
than 25 percent may be obligated until the DOD–VA Interagency Program Office
submits to the Committees on Appropriations of both Houses of Congress, and
such Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the iEHR; (2) identifies the deployment
timeline for the system for both Departments; (3) breaks out annual and total
spending for each Department; (4) relays detailed cost-sharing business rules;
(5) establishes data standardization schedules between the Departments; (6) has
been submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That
the funds made available under this heading for information technology systems
development, modernization, and enhancement, shall be for the projects, and in
the amounts, specified under this heading in the report accompanying this
Act.
Office of inspector general
For necessary expenses of the Office of
Inspector General, to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C. App.),
$121,411,000, of which
$6,000,000 shall remain available until
September 30, 2015:
Provided, That the Office of the
Inspector General, in coordination with the Department of Defense’s Office of
Inspector General, shall examine the process and procedures currently in place
in the transmission of service treatment and personnel records from the
Department of Defense to the Department of Veterans
Affairs.
Construction, major projects
For constructing, altering, extending, and
improving any of the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management services,
maintenance or guarantee period services costs associated with equipment
guarantees provided under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, or where funds for a
project were made available in a previous major project appropriation,
$342,130,000, of which
$322,130,000 shall remain available until
September 30, 2018, and of which $20,000,000
shall remain available until expended:
Provided, That except for advance
planning activities, including needs assessments which may or may not lead to
capital investments, and other capital asset management related activities,
including portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and the planning and
design activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and associated
costs of the resident engineers who oversee those capital investments funded
through this account, and funds provided for the purchase of land for the
National Cemetery Administration through the land acquisition line item, none
of the funds made available under this heading shall be used for any project
which has not been approved by the Congress in the budgetary process:
Provided further, That
funds made available under this heading for fiscal year 2014, for each approved
project shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2014; and (2) by the awarding of a construction
contract by September 30, 2015:
Provided further, That
the Secretary of Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any approved
major construction project for which obligations are not incurred within the
time limitations established above.
Construction, minor projects
For constructing, altering, extending, and
improving any of the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans Affairs, including
planning and assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the purposes set forth
in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, where the estimated cost of a project is equal to or
less than the amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $714,870,000, to remain available
until September 30, 2018, along with unobligated balances of previous
Construction, minor projects appropriations which are hereby
made available for any project where the estimated cost is equal to or less
than the amount set forth in such section:
Provided, That funds made available
under this heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
Grants for construction of state extended
care facilities
For grants to
assist States to acquire or construct State nursing home and domiciliary
facilities and to remodel, modify, or alter existing hospital, nursing home,
and domiciliary facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United States Code,
$85,000,000, to remain available until
expended.
Grants for construction of veterans
cemeteries
For grants to
assist States and tribal organizations in establishing, expanding, or improving
veterans cemeteries as authorized by section 2408 of title 38, United States
Code, $46,000,000, to remain available until
expended.
Administrative
provisions
(transfer of
funds)
201. Any appropriation for fiscal year 2014 for
Compensation and pensions, Readjustment benefits,
and Veterans insurance and indemnities may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer
may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a response, a
period of 30 days has elapsed.
(transfer of
funds)
202. Amounts made available for the Department
of Veterans Affairs for fiscal year 2014, in this Act or any other Act, under
the Medical services, Medical support and
compliance, and Medical facilities accounts may be
transferred among the accounts:
Provided, That any transfers
between the Medical services and Medical support and
compliance accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place subject to
notification from the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress of the amount and purpose of the
transfer:
Provided further,
That any transfers between the Medical services and
Medical support and compliance accounts in excess of 1 percent,
or exceeding the cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is
issued:
Provided further,
That any transfers to or from the Medical facilities account may
take place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the transfer
and an approval is issued.
203. Appropriations available in this title for
salaries and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
204. No appropriations in this title (except the
appropriations for Construction, major projects, and
Construction, minor projects) shall be available for the
purchase of any site for or toward the construction of any new hospital or
home.
205. No appropriations in this title shall be
available for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)), unless reimbursement of the cost of such hospitalization or examination
is made to the Medical services account at such rates as may be
fixed by the Secretary of Veterans Affairs.
206. Appropriations available in this title for
Compensation and pensions, Readjustment benefits,
and Veterans insurance and indemnities shall be available for
payment of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter of fiscal
year 2013.
207. Appropriations available in this title
shall be available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of
title 31, United States Code, except that if such obligations are from trust
fund accounts they shall be payable only from Compensation and
pensions.
(including transfer of
funds)
208. Notwithstanding any other provision of law,
during fiscal year 2014, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38, United
States Code, the Veterans' Special Life Insurance Fund under section 1923 of
title 38, United States Code, and the United States Government Life Insurance
Fund under section 1955 of title 38, United States Code, reimburse the
General operating expenses, Veterans Benefits Administration and
Information technology systems accounts for the cost of
administration of the insurance programs financed through those accounts:
Provided, That reimbursement
shall be made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2014 that are available for dividends in that
program after claims have been paid and actuarially determined reserves have
been set aside:
Provided further,
That if the cost of administration of such an insurance program exceeds the
amount of surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings:
Provided further,
That the Secretary shall determine the cost of administration for fiscal year
2014 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance included
in that insurance program.
209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be obligated
during the fiscal year in which the proceeds are received.
(transfer of
funds)
210. Funds available in this title or funds for
salaries and other administrative expenses shall also be available to reimburse
the Office of Resolution Management of the Department of Veterans Affairs and
the Office of Employment Discrimination Complaint Adjudication under section
319 of title 38, United States Code, for all services provided at rates which
will recover actual costs but not to exceed
$42,904,000 for the Office of Resolution
Management and $3,360,000 for the Office of
Employment and Discrimination Complaint Adjudication:
Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further,
That amounts received shall be credited to the General
administration and Information technology systems
accounts for use by the office that provided the service.
211. No appropriations in this title shall be
available to enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the
Secretary submits a report which the Committees on Appropriations of both
Houses of Congress approve within 30 days following the date on which the
report is received.
212. No funds of the Department of Veterans
Affairs shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section 1729(a)(2) of
such title, unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current, accurate
third-party reimbursement information for purposes of section 1729 of such
title:
Provided, That the Secretary may
recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does not make
such disclosure as required:
Provided further,
That any amounts so recovered for care or services provided in a prior fiscal
year may be obligated by the Secretary during the fiscal year in which amounts
are received.
(including transfer of
funds)
213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the Construction, major projects
and Construction, minor projects accounts and be used for
construction (including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the use of
the Department of Veterans Affairs. Such sums as realized are in addition to
the amount provided for in Construction, major projects and
Construction, minor projects.
214. Amounts made available under Medical
services are available—
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for beneficiaries receiving
care in the Department.
(including transfer of
funds)
215. Such sums as may be deposited to the
Medical Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to “Medical services”, to remain available
until expended for the purposes of that account:
Provided, That, for fiscal year
2014, $200,000,000 deposited in the Department
of Veterans Affairs Medical Care Collections Fund shall be transferred to
“Medical facilities”, to remain available until expended, for non-recurring
maintenance at existing Veterans Health Administration medical
facilities.
216. The Secretary of Veterans Affairs may enter
into agreements with Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, and Indian
tribes and tribal organizations serving rural Alaska which have entered into
contracts with the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare, including behavioral
health and dental care. The Secretary shall require participating veterans and
facilities to comply with all appropriate rules and regulations, as established
by the Secretary. The term rural Alaska shall mean those lands
sited within the external boundaries of the Alaska Native regions specified in
sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Settlement Act,
as amended (43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of
funds)
217. Such sums as may be deposited to the
Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the Construction,
major projects and Construction, minor projects
accounts, to remain available until expended for the purposes of these
accounts.
218. None of the funds made available in this
title may be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
219. The Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
(transfer of
funds)
220. Amounts made available under the
Medical services, Medical support and compliance,
Medical facilities, General operating expenses, Veterans
Benefits Administration, General administration, and
National Cemetery Administration accounts for fiscal year 2014,
may be transferred to or from the Information technology systems
account:
Provided, That before a transfer
may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued.
221. None of the funds appropriated or otherwise
made available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section 842 of
the Transportation, Treasury, Housing and Urban Development, the Judiciary, the
District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public
Law 109–115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United
States Code.
222. Of the amounts made available to the
Department of Veterans Affairs for fiscal year 2014, in this Act or any other
Act, under the Medical facilities account for nonrecurring
maintenance, not more than 20 percent of the funds made available shall be
obligated during the last 2 months of that fiscal year:
Provided, That the Secretary may
waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
(transfer of
funds)
223. Of the amounts appropriated to the
Department of Veterans Affairs for fiscal year 2014 for Medical
services, Medical support and compliance, Medical
facilities, Construction, minor projects, and
Information technology systems, up to
$254,257,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571) and may be used for operation of the facilities designated as
combined Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law
110–417; 122 Stat. 4500):
Provided, That additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of Congress.
(including transfer of
funds)
224. Such sums as may be deposited to the
Medical Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417;
122 Stat. 4500) shall also be available: (1) for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and
(2) for operations of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
4500).
(transfer of
funds)
225. Of the amounts available in this title for
Medical services, Medical support and compliance,
and Medical facilities, a minimum of
$15,000,000 shall be transferred to the DOD–VA
Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title
38, United States Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including
rescissions)
226.
(a) Of the funds appropriated in division E of
Public Law 113–6, the following amounts which become available on October 1,
2013, are hereby rescinded from the following accounts in the amounts
specified:
(1) Department of Veterans Affairs,
Medical services, $1,500,000,000.
(2) Department of Veterans Affairs,
Medical support and compliance,
$200,000,000.
(3) Department of Veterans Affairs,
Medical facilities, $250,000,000.
(b) In addition to amounts provided elsewhere
in this Act, an additional amount is appropriated to the following accounts in
the amounts specified to remain available until September 30, 2015:
(1) Department of Veterans Affairs,
Medical services, $1,500,000,000.
(2) Department of Veterans Affairs,
Medical support and compliance,
$150,000,000.
(3) Department of Veterans Affairs,
Medical facilities, $250,000,000.
227. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total at least
$5,000,000, or 5 percent of the programmed
amount of the project, whichever is less:
Provided, That such notification
shall occur within 14 days of a contract identifying the programmed amount:
Provided further,
That the Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and shall
describe the anticipated use of such savings.
228. The scope of work for a project included in
Construction, major projects may not be increased above the
scope specified for that project in the original justification data provided to
the Congress as part of the request for appropriations.
229. None of the funds made available in this
Act may be used to enter into a contract using procedures that do not give to
small business concerns owned and controlled by veterans (as that term is
defined in section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) that
are included in the database under section 8127(f) of title 38, United States
Code, any preference available with respect to such contract, except for a
preference given to small business concerns owned and controlled by
service-disabled veterans (as defined in section 3(q)(2) of the Small Business
Act (15 U.S.C. 632(q)(2)).
230. The Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to complete a
disability compensation claim; (2) the number of claims pending more than 125
days; (3) error rates; (4) the number of claims personnel; (5) any corrective
action taken within the quarter to address poor performance; (6) training
programs undertaken; and (7) the number and results of Quality Review Team
audits:
Provided, That each quarterly
report shall be submitted no later than 30 days after the end of the respective
quarter.
III
Related agencies
American battle monuments
commission
Salaries and expenses
For necessary expenses, not otherwise
provided for, of the American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside
of the United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation
expenses; and insurance of official motor vehicles in foreign countries, when
required by law of such countries, $63,200,000,
to remain available until expended.
Foreign currency fluctuations
account
For necessary
expenses, not otherwise provided for, of the American Battle Monuments
Commission, such sums as may be necessary, to remain available until expended,
for purposes authorized by section 2109 of title 36, United States
Code.
United states court of appeals for veterans
claims
Salaries and expenses
For necessary expenses for the operation of
the United States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$35,408,000:
Provided, That
$2,500,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this heading in Public Law
102–229.
Department of
defense—Civil
Cemeterial expenses,
Army
Salaries and expenses
For necessary expenses for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease of passenger
motor vehicles for replacement on a one-for-one basis only, and not to exceed
$1,000 for official reception and representation
expenses, $70,800,000, of which not to exceed
$7,000,000 shall remain available until
September 30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the Lease of
Department of Defense Real Property for Defense Agencies account. Funds
appropriated in this Act under the heading, Department of Defense—Civil,
Cemeterial Expenses, Army, may be provided to Arlington County,
Virginia, for the relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for ground
burials.
Armed forces retirement
home
Trust fund
For expenses necessary for the Armed Forces
Retirement Home to operate and maintain the Armed Forces Retirement
Home—Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,800,000, of
which $1,000,000 shall remain available until
expended for construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and the Armed Forces
Retirement Home—Gulfport, Mississippi.
IV
GENERAL
PROVISIONS
401. No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
402. None of the funds made available in this
Act may be used for any program, project, or activity, when it is made known to
the Federal entity or official to which the funds are made available that the
program, project, or activity is not in compliance with any Federal law
relating to risk assessment, the protection of private property rights, or
unfunded mandates.
403. Such sums as may be necessary for fiscal
year 2014 for pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.
404. No part of any funds appropriated in this
Act shall be used by an agency of the executive branch, other than for normal
and recognized executive-legislative relationships, for publicity or propaganda
purposes, and for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation designed to
support or defeat legislation pending before Congress, except in presentation
to Congress itself.
405. All departments and agencies funded under
this Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of E-Commerce
technologies and procedures in the conduct of their business practices and
public service activities.
406. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
407. None of the funds made available in this
Act may be transferred to any department, agency, or instrumentality of the
United States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
408.
(a) Any agency receiving funds made available
in this Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that it
shall serve the national interest.
(b) Subsection (a) shall not apply to a report
if—
(1) the public posting of the report
compromises national security; or
(2) the report contains confidential or
proprietary information.
(c) The head of the agency posting such report
shall do so only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
409.
(a) None of the funds made available in this
Act may be used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the
use of funds necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
410.
(a)
In General
None of the funds appropriated or otherwise
made available to the Department of Defense in this Act may be used to
construct, renovate, or expand any facility in the United States, its
territories, or possessions to house any individual detained at United States
Naval Station, Guantánamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense.
(b) The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Station,
Guantánamo Bay, Cuba.
(c) An individual described in this subsection
is any individual who, as of June 24, 2009, is located at United States Naval
Station, Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantánamo Bay, Cuba.
411. None of the funds made available in this
Act may be used to send or otherwise pay for the attendance of more than 50
employees from a Federal department or agency that are stationed within the
United States at any single conference occurring outside a state of the United
States, except for employees of the Department of Veterans Affairs stationed in
the Philippines, unless the relevant Secretary reports to the Committees on
Appropriations of both Houses of Congress at least 5 days in advance that such
attendance is important to the national interest.
412.
(a) The head of any executive branch
department, agency, board, commission, or office funded by this Act shall
submit annual reports to the Inspector General or senior ethics official for
any entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department, agency,
board, commission, or office during fiscal year 2014 for which the cost to the
United States Government was more than
$100,000.
(b) Each report submitted shall include, for
each conference described in subsection (a) held during the applicable
period—
(1) a description of its purpose;
(2) the number of
participants attending;
(3) a detailed statement of
the costs to the United States Government, including—
(A) the cost of any food or
beverages;
(B) the cost of any
audio-visual services;
(C) the cost of employee or
contractor travel to and from the conference; and
(D) a discussion of the
methodology used to determine which costs relate to the conference; and
(4) a description of the
contracting procedures used including—
(A) whether contracts were
awarded on a competitive basis; and
(B) a discussion of any cost
comparison conducted by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days of the
date of a conference held by any executive branch department, agency, board,
commission, or office funded by this Act during fiscal year 2014 for which the
cost to the United States Government was more than
$20,000, the head of any such department,
agency, board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of the
date, location, and number of employees attending such conference.
(d) A grant or contract
funded by amounts appropriated by this Act to an executive branch agency may
not be used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the purpose
for which the grant or contract was awarded, such as a conference held in
connection with planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or contract.
(e) None of the funds made
available in this Act may be used for travel and conference activities that are
not in compliance with Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012.
Sense of the Senate regarding an
immediate budget resolution conference
413. It is the sense of the Senate that the
Senate should immediately request a conference with the House on the fiscal
year 2014 budget, appoint conferees to resolve the differences in a conference
committee with the House, and immediately thereafter convene a conference
committee to work in a bipartisan, bicameral manner to complete work on a final
fiscal year 2014 budget conference report.
This Act may be cited as the
Military Construction and Veterans
Affairs, and Related Agencies Appropriations Act,
2014.
June 6, 2013
Received; read twice and referred to the Committee on
Appropriations
June 27, 2013
Reported with an amendment