S.1371 - Financial Services and General Government Appropriations Act, 2014113th Congress (2013-2014)
|Sponsor:||Sen. Udall, Tom [D-NM] (Introduced 07/25/2013)|
|Committees:||Senate - Appropriations|
|Committee Reports:||S. Rept. 113-80|
|Latest Action:||09/11/2013 Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 113-417. (All Actions)|
|Notes:||For further action, see H.R.3547, which became Public Law 113-76 on 1/17/2014.|
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Summary: S.1371 — 113th Congress (2013-2014)All Bill Information (Except Text)
Reported to Senate without amendment (07/25/2013)
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Financial Services and General Government Appropriations Act, 2014 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2014 - Makes appropriations for FY2014 to the Department of the Treasury for: (1) departmental offices, (2) department-wide systems and capital investments programs, (3) the Office of Inspector General, (4) the Treasury Inspector General for Tax Administration, (5) the Special Inspector General for the Troubled Asset Relief Program (TARP), (6) the Financial Crimes Enforcement Network, (7) the Alcohol and Tobacco Tax and Trade Bureau, (8) the U.S. Mint for the U.S. Mint Public Enterprise Fund, (9) the Bureau of the Fiscal Service, (10) the Community Development Financial Institutions Fund Program Account, and (11) the Internal Revenue Service (IRS).
Sets forth certain transfers of funds, plus a rescission of certain funds from the Treasury Forfeiture Fund.
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
(Sec. 105) Prohibits the use of funds made available in this Act to enter into, renew, extend, administer, implement, enforce, or provide oversight of any qualified tax collection contract.
(Sec. 106) Extends through September 29, 2015, the authority of the Secretary of the Treasury (Secretary in this title) to establish, fix the compensation of, and appoint individuals to certain designated critical administrative, technical, and professional positions needed to carry out IRS functions.
(Sec. 107) Permits renewal of the terms of such appointments to an additional two years, based on a critical organizational need. (Currently such term is limited to four years only.)
(Sec. 108) Requires: (1) the IRS to issue a notice of confirmation of any address change relating to an employer making employment tax payments, (2) such notice to be sent to both the employer's former and new address, and (3) an IRS officer or employee to give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.
(Sec. 109) Requires the IRS to:
- develop, institute, and publicize on its website clear guidance for processing requests for tax-exempt status involving potentially significant political campaign intervention to provide transparency to organizations on the application process;
- institute internal controls and management oversight to ensure that the applications are approved or denied expeditiously, using objective criteria; and
- conduct staff training before each federal election cycle including, at a minimum, instruction on what activities by tax-exempt organizations constitute political campaign intervention rather than general advocacy.
(Sec. 112) Bars the use of IRS funds to target U.S. citizens for exercising any right guaranteed under the First Amendment to the Constitution.
(Sec. 117) Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 119) Extends from 14 to 17 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
(Sec. 120) Prohibits the U.S. Mint from using any federal funds to construct or operate any museum without the explicit approval of specified congressional committees.
(Sec. 121) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the explicit approval of the same congressional committees.
(Sec. 122) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2014, until enactment of the Intelligence Authorization Act for FY2014.
(Sec. 123) Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
(Sec. 124) Requires the Secretary to submit a Capital Investment Plan to congressional appropriations committees within 30 days after the submission of the President's annual budget.
(Sec. 125) Requires amounts appropriated to the Secretary for mandatory refunding of internal revenue collections to be administered as if they were made available through separate appropriations to the Secretary, the Secretary of Homeland Security (DHS), and the Attorney General.
Makes such appropriated funds available to:
- the Secretary for refunds by the IRS of taxes collected and related interest and separately, for refunds and drawbacks of alcohol, tobacco, firearms and ammunition taxes and refunds of other taxes which may arise;
- DHS for refunds and drawbacks of receipts collected pursuant to the customs revenue function; and
- the Attorney General for refunds of firearms taxes and of other taxes which may arise.
Makes such funds available also for payment of interest and prior fiscal year claims.
(Sec. 126) Authorizes the Secretary to: (1) locate and recover federal assets on behalf of any executive, judicial, or legislative agency in accordance with appropriate procedures; and (2) retain a portion of such recovered amounts to cover related administrative and operational costs.
Requires deposit of the amounts retained into an Unclaimed Assets Recovery Account established in the Treasury to cover costs associated with implementation and operation of the Secretary's asset recovery program.
(Sec. 127) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 with respect to the mandatory guarantee of payments on bonds or notes issued by a qualified issuer if their proceeds are used to make loans to eligible community development financial institutions for specified purposes.
Eliminates the authorization of appropriations to carry out such requirements.
States that these requirements satisfy federal credit reform requirements of the Congressional Budget Act of 1974 that:
- allow new direct loan obligations to be incurred and new loan guarantee commitments to be made only to the extent of advance budget authority in an appropriations Act, and
- prohibit modification of an outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act.
Eliminates termination of the guarantee payments on September 30, 2014. (Thus continues them indefinitely.)
Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2014 - Makes appropriations for FY2014 for compensation of the President, the Executive Residence, and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the National Security Council (NSC) and the Homeland Security Council; (3) the Office of Administration; (4) the Office of Management and Budget (OMB); (5) the Office of National Drug Control Policy; (6) various other specified federal drug control programs; (7) unanticipated needs; (8) data-driven innovation; (9) federal integrated, efficient, and effective uses of information technology; and (10) special assistance to the President and the official residence of the Vice President.
Sets forth certain transfers of funds.
(Sec. 202) Requires the Director of the Office of National Drug Control Policy to submit to congressional appropriations committees, within 60 days after the enactment of this Act, and before the initial obligation of more than 20% of the funds appropriated in any account for the Office, a detailed narrative and financial plan on the proposed uses of all funds under the account by program, project, and activity.
(Sec. 203) Limits the availability of appropriations to such Office in this Act to: (1) a 2% transfer between appropriated programs upon the advance approval of congressional appropriations committees; and (2) up to $1 million for reprogramming within a program, project, or activity upon such approval.
Title III: The Judiciary - Judiciary Appropriations Act, 2014 - Makes appropriations to the Judiciary for FY2014 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
Sets forth certain transfers of funds.
(Sec. 305) Requires the U.S. Marshals Service to provide, as a pilot program, specified security services (except investigations) for courthouses which federal law authorizes DHS to provide.
(Sec. 306) Authorizes the U.S. Supreme Court, the Federal Judicial Center, and the U.S Sentencing Commission to enter into contracts, to the same extent as executive agencies, for: (1) acquisition of severable services for a period that begins in one fiscal year and ends in the next; and (2) for multiple years for acquisition of property and services.
(Sec. 307) Amends the Judicial Improvement Act of 1990 to prohibit the filling of the first vacancy in the office of district judge in: (1) the district of Kansas occurring 23 (currently, 21) years and six months or more after the confirmation date of the judge named to fill the temporary judgeship; and (2) the district of Hawaii occurring 20 (currently, 19) years and six months or more after such confirmation date. (In effect lengthens by one year the respective temporary judgeships in the districts of Kansas and Hawaii.)
Amends the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, of 2006 to prohibit the filling of the first vacancy in the office of district judge in the eastern district of Missouri occurring 21 (currently, 20) years and six months or more after the confirmation date of the judge named to fill the temporary judgeship. (In effect lengthens by one year the period of the respective temporary judgeship in such district.)
Amends the 21st Century Department of Justice Appropriations Authorization Act to prohibit the filling of the first vacancy in the office of district judge in: (1) the northern district of Alabama, the district of Arizona, the southern district of Florida, the district of New Mexico, and the eastern district of Texas occurring 12 years (currently, 11 years) or more after the confirmation date of the judge named to fill the respective temporary judgeships, and (2) the central district of California occurring 11 years (currently, 10 years) and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship. (In effect lengthens by one year the period of the temporary judgeship in that district.)
(Sec. 308) Directs the President to appoint two additional permanent district judges for the district of Arizona, four for the eastern district of California, one for the district of Delaware, one for the district of Minnesota, one for the district of New Mexico, one for the southern district of Texas, and two for the western district of Texas. Converts existing temporary district judgeships to permanent for the district of Arizona, the central district of California, and the district of New Mexico.
Increases district court filing fees from $350 to $362. Continues the mandatory $5 fee on an application for a writ of habeas corpus.
Requires incremental amounts collected because of enactment of this Act to be deposited as offsetting receipts in the "Judiciary Filing Fee" special fund in the Treasury. Makes such amounts available solely for facilitating the processing of civil cases, but only to the extent specifically appropriated by an Act of Congress after enactment of this Act.
(Sec. 309) Amends the federal judicial code to prohibit the exclusion of citizens from service as a grand or petit juror in U.S. district courts or the Court of International Trade on account of sexual orientation or gender identity (thereby expanding the current prohibition against exclusion on account of race, color, religion, sex, national origin, or economic status).
Title IV: District of Columbia - District of Columbia Appropriations Act, 2014 - Makes appropriations to the District of Columbia for FY2014, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support, (2) for emergency planning and security costs in the District, (3) to District of Columbia Courts, (4) for Defender Services in District of Columbia Courts, (5) to the Court Services and Offender Supervision Agency for the District of Columbia, (6) to the District of Columbia Public Defender Service, (7) to the District of Columbia Water and Sewer Authority, (8) to the Criminal Justice Coordinating Council, (9) to the Commission on Judicial Disabilities and Tenure and the Judicial Nomination Commission, (10) for school improvement, (11) for the DC National Guard, (12) for redevelopment of the St. Elizabeths Hospital campus, and (13) for testing and treatment of HIV/AIDS.
Requires certain funds appropriated for operating expenses to be subject to specified proposals of the Fiscal Year 2014 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia.
Title V: Independent Agencies - Makes appropriations for FY2014 for independent agencies, including: (1) the Administrative Conference of the United States; (2) the Christopher Columbus Fellowship Foundation; (3) the Commodity Futures Trading Commission (CFTC); (4) the Consumer Product Safety Commission (CPSC); (5) the Election Assistance Commission (EAC), including election reform activities; (6) the Federal Communication Commission (FCC); (7) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (8) the Federal Election Commission (FEC); (9) the Federal Labor Relations Authority (FLRA); (10) the Federal Trade Commission (FTC); (11) the General Services Administration (GSA); (12) government-wide policy activities and operating expenses; (13) the GSA Office of Inspector General; (14) the electronic government fund; (15) allowances and office staff for former presidents; (16) the Office of Citizen Services and Innovative Technologies, including the Federal Citizen Services Fund; (17) the Harry S Truman Scholarship Foundation; (18) the Merit Systems Protection Board; (19) Morris K. Udall and Stewart L. Udall Foundation; (20) the Environmental Dispute Resolution Fund; (21) the National Archives and Records Administration (NARA), including the Office of Inspector General; (22) the National Historical Publications and Records Commission grants program; (23) the National Credit Union Administration (NCUA); (24) the credit union Community Development Revolving Loan Fund; (25) the Office of Government Ethics; (26) the Office of Personnel Management (OPM), including the Office of Inspector General; (27) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (28) the Office of Special Counsel; (29) the Postal Regulatory Commission; (30) the Privacy and Civil Liberties Oversight Board; (31) the Recovery Accountability and Transparency Board; (32) the Securities and Exchange Commission (SEC); (33) the Selective Service System; (34) the Small Business Administration (SBA), including entrepreneurial development programs and the Office of Inspector General and the Office of Advocacy; (35) the U.S. Postal Service, including the Office of Inspector General; and (36) the U.S. Tax Court.
Sets forth certain transfers of funds.
(Sec. 501) Amends the Virginia Graeme Baker Pool and Spa Safety Act to revise eligibility requirements for the state swimming pool safety grant program to include swimming pools constructed in the state after the date the state submits a grant application to the CPSC.
(Currently, such requirements include swimming pools constructed after the date that is six months after enactment of the Financial Services and General Government Appropriations Act, 2012.)
Extends the state swimming pool safety grant program through FY2015.
Revises minimum state law requirements for such grants to repeal requirements that:
- all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains;
- all pools and spas that have a main drain, other than an unblockable drain, be equipped with a drain cover that meets the consumer product safety standard; and
- periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard.
(Sec. 502) Requires the Comptroller General (GAO) to:
- study the ability of the CPSC to respond quickly to emerging consumer product safety hazards using authorities under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act; and
- report to congressional appropriations committees on an assessment of whether: (1) the CPSC requires any additional authorities to respond to new and emerging consumer product safety hazards in a timely manner, and (2) any resources would be required to implement such additional authorities and to achieve appropriate remedies for the safety hazards.
(Sec. 503) Amends the Consumer Product Safety Act to authorize the CPSC to permit a foreign government agency to share, subject to specified requirements and limitations, information obtained from the CPSC with its other foreign agencies and political subdivisions located within its same territory or administrative area, as well as disclose the information to legislative and judicial bodies with jurisdiction over the foreign government agency.
States that nothing in such Act may be construed to prohibit the CPSC from providing any information received, which is related to an immediate health or safety threat to the public or to a potential violation of a criminal law, to the Attorney General or to other appropriate federal, state, or local agencies.
(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2015, the waiver of certain limitations on: (1) expending, obligating, or apportioning appropriations with respect to the collection or receipt of federal universal service contributions under the Communications Act of 1934; and (2) expending or obligating funds attributable to such contributions for universal service support programs.
(Sec. 511) Prohibits the use of FCC funds to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 526) Authorizes the use of funds made available to GSA to implement or use a green building certification system for new construction, major renovations, and existing buildings, if the system was developed as a voluntary consensus standard, as defined by the National Technology Transfer and Advancement Act of 1996 and OMB Circular A-119, that was either designated as an American National Standard or was developed by an American National Standards Institute (ANSI)-accredited Standards Developing Organization.
(Sec. 531) Amends the Small Business Jobs Act of 2010 to rescind the September 27, 2012, repeal of the SBA Administrator's authority under the Small Business Investment Act of 1958 to provide refinancing, under the local development business loan program, for previous business debts meeting specified criteria involved in certain projects that do not involve small business expansions.
Reinstates such authority as it was in effect on September 25, 2012.
Title VI: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 606) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 607) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 610) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration, or (2) such request is required due to extraordinary circumstances involving national security.
(Sec. 611) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.
(Sec. 612) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
(Sec. 614) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or such agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.
(Sec. 615) Authorizes the Public Company Accounting Oversight Board to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2013, including accrued interest, resulting from the assessment of monetary penalties. Requires funds available for obligation in FY2014 to remain available until expended.
(Sec. 616) Permits the use of funds made available to the CFTC and the SEC for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 617) Requires each of the Department of the Treasury, the Executive Office of the President, the Judiciary, FCC, FTC, GSA, NARA, SEC, and SBA to provide a quarterly accounting to congressional appropriations committees of the cumulative balances of any unobligated funds that were received by the agency during any previous fiscal year.
(Sec. 618) Requires any executive agency covered by this Act, except GSA and the U.S. Postal Service, which is otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space, to consult with GSA before issuing a solicitation for offers of new leases or construction contracts (and in the case of succeeding leases, before entering into negotiations with the current lessor). Authorizes such an agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.
(Sec. 619) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation for which any unpaid federal tax liability 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, where the awarding agency is aware of this unpaid tax liability. Waives this prohibition if the agency has considered suspension or debarment of the corporation and determined that such an action is not necessary to protect the interests of the government.
(Sec. 620) Prohibits the use of such funds to enter into the transactions cited in Sec. 619 with a corporation that was convicted or had one of its officers or agents acting on the corporation's behalf convicted of a felony criminal violation under any federal law within the preceding 24 months, where the awarding agency is aware of the conviction. Waives this prohibition if the agency has considered suspension or debarment of the corporation and determined that such an action is not necessary to protect the interests of the government.
(Sec. 621) Amends the Federal Election Campaign Act of 1971 to require all designations, statements, and reports that must be filed by political committees in Senate elections to be filed with the Federal Election Commission (currently, with the Secretary of the Senate).
(Sec. 622) Prohibits the use of FCC funds to remove the conditions imposed on commercial terrestrial operations in the FCC Order and Authorization adopted on January 26, 2011 (DA 11-133), or otherwise permit such operations, until the FCC has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations to commercially available Global Positioning System (GPS) devices.
(Sec. 623) Repeals the requirement that the President's budget submission include a detailed, separate analysis, by budget function, by agency, and by initiative area for the prior, the current, the pending, and the ensuing fiscal years identifying the appropriations or obligational authority and outlays that contribute to homeland security.
(Sec. 624) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 to increase FTC premerger notification filing fees paid by persons acquiring voting securities or assets for merger purposes:
- from $45,000 to $60,000 if the aggregate total amount of voting securities or assets acquired is less than $100 million, adjusted to reflect the percentage change in the gross national product (GNP) for the fiscal year of filing compared to the GNP for FY2003;
- from $125,000 to $170,000 if such aggregate total amount is between $100 million to $500 million; and
- from $280,000 to $375,000 if it is between $500 million and $1 billion.
Increases the filing fees to $500,000 if the aggregate total amount of voting securities or assets acquired is at least $1 billion.
Requires FTC, for FY2016 and each ensuing fiscal year, to publish in the Federal Register and increase the amount of each filing fee in the same manner and on the same dates provided under the Clayton Act to reflect the percentage change in the GNP for the fiscal year of filing as compared to the GNP for FY2013, except that FTC shall round any increase in a filing fee to the nearest $5,000, but not:
- increase filing fees if the increase in the GNP is less than 1%, or
- decrease filing fees.
(Sec. 625) Amends the American Recovery and Reinvestment Act of 2009 (ARRA) with respect to the requirement that the chief executive of a recipient governmental entity certify that: (1) federal funds received for infrastructure investment have received full review and vetting, and (2) the chief executive accepts responsibility that such investment is an appropriate use of taxpayer dollars.
Amends the Jobs Accountability Act (within the ARRA) to repeal certain reporting requirements by recipients on the use of ARRA funds.
Requires each agency that made recovery funds available to any recipient to make available to the public, beginning FY2014, detailed spending data as prescribed by OMB and pursuant to the Federal Funding Accountability and Transparency Act of 2006. (Currently, within 30 days after the end of each calendar quarter, each such agency must make the information submitted in the reports publicly available by posting the information on a website.)
Repeals the requirement that the Recovery Accountability and Transparency Board establish a user-friendly, public-facing website to foster accountability and transparency in the use of covered funds.
Repeals requirements that:
- contracts funded under the ARRA be awarded as fixed-price contracts using competitive procedures, and
- summaries of any contracts funded under the ARRA which are neither fixed-price nor awarded using competitive procedures be posted in a special section of the website whose mandate is repealed.
Extends the Board from FY2013 through FY2015.
(Sec. 626) Requires each executive agency covered by this Act to include, in its FY2015 budget justification materials, a separate table briefly describing the top management challenges for FY2014 as identified by the agency inspector general, together with an explanation of how the FY2015 request addresses each such challenge.
(Sec. 627) Requires FTC and CFTC jointly to establish a working group to coordinate FTC responsibilities under the Energy Independence and Security Act of 2007 and similar CFTC responsibilities under the Commodity Exchange Act to protect against manipulation in petroleum markets.
Requires the working group to submit to congressional appropriations committees and the relevant committees of jurisdiction a report that describes:
- FTC and CFTC responsibilities with respect to any oversight of crude oil, gasoline, and petroleum distillate wholesale markets;
- the number of each FTC and CFTC full-time equivalent personnel dedicated to monitoring of markets;
- types of data being collected on oil and petroleum product wholesale cash markets; and
- types of analysis being conducted with the data.
(Sec. 628) Amends the Trade Sanctions Reform and Export Enhancement Act of 2002 to require the Secretary to promulgate regulations authorizing by general license:
- the travel related and other transactions ordinarily incident to professional research by full-time professionals and their staff;
- attendance at professional meetings or conferences in Cuba if the sponsoring organization is a U.S. professional organization; and
- the organization and management of such professional meetings and conferences, if the travel is related to disaster prevention, emergency preparedness, and natural resource protection, including for fisheries, coral reefs, and migratory species.
Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 701) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
(Sec. 725) Prohibits the use of funds by federal agencies, directly or through third parties, except in specified circumstances, to collect, review, create or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
(Sec. 726) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 727) Declares that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities.
(Sec. 728) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
(Sec. 729) Bars the use of funds to: (1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or (2) implement proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 730) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
(Sec. 731) Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.
(Sec. 732) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
(Sec. 733) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
(Sec. 734) Requires OMB, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
(Sec. 735) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
Requires any Secretary to waive such prohibition if so required in the interest of national security.
Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
(Sec. 736) Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.
(Sec. 737) Amends the Consolidated Appropriations Act, 2010 to revise requirements for service contract inventories by executive agencies to require each agency head (or designee) to ensure that, to the maximum extent practicable, the agency is not using contractor employees to perform any functions closely associated with inherently governmental functions.
(Sec. 738) Requires OMB to issue guidance to prohibit the use of direct conversions to contract out, in whole or in part, activities or functions last performed by any number of federal employees by an executive agency without first conducting a public-private competition.
(Sec. 739) Requires for each employee, during FY2014, who retires under voluntary early retirement authority of the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) or under any other CSRS or FERS requirement and receives a voluntary separation incentive payment, that the separating agency remit to the Civil Service Retirement and Disability Fund an amount equal to OPM's average unit cost of processing a retirement claim for the preceding year.
(Sec. 740) Requires federal employees in each executive agency, except the Department of Defense (DOD), to be managed each fiscal year solely on the basis of and consistent with: (1) the workload required to carry out the functions and activities of that agency, and (2) the funds made available to that agency for that fiscal year.
Declares that the management of federal employees in any fiscal year shall not be subject to any limitation in terms of work years, full-time equivalent (FTE) positions, or maximum number of federal employees.
Prohibits an agency from being required to make a reduction in the number of FTE positions unless that reduction is: (1) necessary due to a reduction in funds available to the agency, or (2) required under a statute enacted after enactment of this Act which specifically refers to this requirement.
(Sec. 741) Prohibits the use of FY2014 funds to pay any prevailing rate employee in a federal agency in an amount exceeding specified limits related to an applicable wage survey adjustment.
Limits the statutory adjustment in rates of basic pay granted, pursuant to such survey, to certain federal prevailing rate employees and officers and crew members of vessels that takes place in FY2014 to at least the percentage received by employees in the same location whose basic pay rates are adjusted annually under statutory pay systems that include locality-based comparability payments.
Considers the following prevailing rate employees to be located in the pay locality designated as "Rest of the United States" for purposes of locality-based comparability payments:
- individuals at locations without employees whose pay is increased pursuant to a wage survey; and
- U.S. citizens employed in any area which is outside the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. territories and possessions, and the Trust Territory of the Pacific Islands.
(Sec. 742) Bars the following from receiving a pay rate increase in calendar year 2014:
- the Vice President;
- individuals serving in Executive Schedule positions, or in positions for which the rate of pay is fixed by statute at an Executive Schedule rate (applicable only to individuals holding a position in which they serve at the pleasure of the President or other appointing official);
- chiefs of mission or ambassadors at large;
- noncareer appointees in the Senior Executive Service (SES); and
- employees paid a rate of basic pay at or above level IV of the Executive Schedule who serve at the pleasure of the appointing official.
Excludes from this prohibition: (1) employees in the General Schedule pay system or the Foreign Service pay system, and (2) employees appointed under federal law or in another pay system whose position would be classified at GS-15 or below if federal classification of position requirements applied to them.
States that nothing shall prevent employees who do not serve at the pleasure of the appointing official from receiving pay increases.
Excludes from the pay rate increase prohibition: (1) a career SES appointee who receives a presidential appointment and elects to retain SES basic pay entitlements, and (2) a member of Senior Foreign Service who receives a presidential appointment to any position in the executive branch and elects to retain Senior Foreign Service pay entitlements.
(Sec. 743) Revises specifications for certain disallowable costs under federal procurement contracts, including DOD procurement contracts, for an amount exceeding $500,000 entered into by an executive agency (excluding fixed-price contracts without cost incentives or any firm fixed-price contracts for the purchase of commercial items).
Disallows in federal procurement contracts the cost of compensation of any contractor employees for a fiscal year (currently, only senior executives of contractors) to the extent that such compensation exceeds the annual amount paid to the President (currently, to the extent it exceeds the benchmark compensation amount determined by the Administrator for Federal Procurement Policy). Allows agency heads to establish one or more narrowly targeted exceptions for scientists, engineers, and other specialists.
Terminates requirements for determining benchmark compensation amounts.
(Sec. 744) Requires the head of any executive branch department, agency, board, commission, or office funded by this Act to report annually to the Inspector General (IG) (or senior ethics official for the entity without an IG) regarding the costs and contracting procedures related to each conference held by the entity during FY2014 for which the federal government cost exceeded $100,000.
Requires the head, within 15 days of a conference held by the entity during FY2014 for which such cost exceeded $20,000, to notify the IG or the senior ethics official of the date, location, and number of employees attending the conference.
Prohibits the use of a grant or contract funded by amounts appropriated by this Act to defray the costs of such a conference 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.
Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2013.
(Sec. 802) Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
(Sec. 806) Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District.
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 807) Bars the use of federal funds contained in this Act to distribute any needle or syringe to prevent the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
(Sec. 808) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 809) Prohibits the use of funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
(Sec. 810) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
(Sec. 813) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
Authorizes the District government to reprogram or transfer for operating expenses any local funds transferred or reprogrammed from operating expenses to capital funds in this or in the four prior fiscal years.
Requires such reprogrammed or transferred amounts to retain appropriation authority consistent with this Act.
Prohibits the District government from transferring or reprogramming for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
(Sec. 814) Declares that none of the federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided in this Act.
(Sec. 815) Limits to 50% the availability through FY2014 of any unobligated balances of FY2013 appropriations made available for accounts funded under title IV (District of Columbia Appropriations Act, 2014) of this Act in the Full-Year Continuing Appropriations Act, 2013 (division F of the Consolidated and Further Continuing Appropriations Act, 2013) for salaries and expenses remaining available at the end of FY2013. Requires a request for approval to congressional appropriations committees before such funds are spent.
Limits to 50%, under similar conditions, the availability through FY2015 of any unobligated balances of FY2014 appropriations for such salaries and expenses remaining available at the end of FY2014.
(Sec. 816) Amends the District of Columbia Code to revise requirements for enactment of District government appropriations by Congress.
Requires the Mayor to:
- submit to the President for transmission to Congress the portion of the District government's budget adopted by the Council for federal funds, and
- notify the Speaker of the House of Representatives and the President of the Senate on the portion of the budget adopted for local funds.
Requires the Mayor in a control year (a fiscal year for which a financial plan and budget approved by the District of Columbia Financial Responsibility and Management Assistance Authority is in effect) to submit to the President for transmission to Congress the budget adopted by the Council.
Prohibits the Mayor, for a fiscal year which is not a control year, from notifying the Speaker of the House and the President of the Senate regarding any annual budget, amendments, or supplements until the completion of specified budget procedures.
(Sec. 817) Authorizes the officers and employees of the District government, upon enactment by the District of its annual budget for a fiscal year (except a control year), or any amendments or supplements to it, to obligate and expend District funds and hire employees in accordance with that budget.
Declares that the District government and its entities' fiscal year shall commence and end on such dates established by the District, except for any fiscal year that is not a control year.
(Sec. 818) Amends the Home Rule Act for FY2014 and succeeding fiscal years, during a period when there is no federal appropriations Act authorizing the expenditure of District local funds, to authorize the District to obligate and expend local funds for programs and activities at the rate set forth in the Budget Request Act adopted by the Council, or a reprogramming adopted pursuant to the Home Rule Act.
(Sec. 819) Declares that, if the Attorney General of the District enters into a contract containing a contingent fee arrangement with private counsel for the provision of legal services in claims and other legal matters affecting the District's interests, the District may make payments pursuant to such arrangement without regard to whether the funds used for the payments are deposited in District accounts or are provided in an appropriation.
Subjects such contracts to the requirements of the Procurement Practices Reform Act of 2010. Limits the amount of the contingent fee payable to the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services.
Prohibits the District from entering into a contingency fee arrangement in a claim or other legal matter seeking the recovery of federal funds.