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Title VI — General provisions—this act

S. 1371 · 113th Congress · Jul 25, 2013 · Lineage

VI General provisions—this act

Sec. 601

None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

Sec. 602

None of the 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 herein.

Sec. 603

The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

Sec. 604

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 Act or any other appropriations Act.

Sec. 605

None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

Sec. 606

No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code.

Sec. 607

No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code.

Sec. 608

Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That at a minimum, the report shall include: (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.

Sec. 609

Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2014 from appropriations made available for salaries and expenses for fiscal year 2014 in this Act, shall remain available through September 30, 2015, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines.

Sec. 610

None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when—
(1)
such individual has given his or her express written consent for such request not more than 6 months prior to 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

The cost accounting standards promulgated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.

Sec. 612

For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval.

Sec. 613

In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code).

Sec. 614

Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

Sec. 615

The Public Company Accounting Oversight Board shall have authority to obligate funds for the scholarship program established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2013, including accrued interest, as a result of the assessment of monetary penalties. Funds available for obligation in fiscal year 2014 shall remain available until expended.

Sec. 616

Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.

Sec. 617

The Department of the Treasury, the Executive Office of the President, the Judiciary, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, the Securities and Exchange Commission, and the Small Business Administration shall provide the Committees on Appropriations of the House and the Senate a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.

Sec. 618

(a)
(1)
Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration 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.
(2)
Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency.
(b)
For purposes of this section, the term “Executive agency covered by this Act” means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service.

Sec. 619

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 Federal agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

Sec. 620

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 a Federal agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.

Sec. 621

The title of subsection (g) of section 302 of the Federal Election Commission Act of 1971 (2 U.S.C. 432) is amended to read as follows: “(g) Filing of designations, statements, and reports with the Commission”. The text of such subsection (g) is amended to read as follows: “All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.”.

Sec. 622

None of the funds made available in this Act may be used by the Federal Communications Commission to remove the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted by the Commission on January 26, 2011 (DA 11–133), or otherwise permit such operations, until the Commission has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations to commercially available Global Positioning System devices.

Sec. 623

Section 1105(a) of title 31, United States Code, is amended by striking paragraph (35) and renumbering the following paragraphs accordingly.

Sec. 624

(a)
Section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a note) is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by striking “The filing fees” and inserting “Subject to subsection (c), the filing fees”;
(B)
in paragraph (1), by striking “$45,000” and inserting “$60,000”;
(C)
in paragraph (2)—
(i)
by striking “$125,000” and inserting “$170,000”; and
(ii)
by striking “and” at the end;
(D)
in paragraph (3)—
(i)
by striking “$280,000” and inserting “$375,000”; and
(ii)
by striking the period at the end and inserting “but less than $1,000,000,000 (as so adjusted and published); and”; and
(E)
by adding at the end the following:

“(4) $500,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $1,000,000,000 (as so adjusted and published)”

(2)
by adding at the end the following:

“(c) For fiscal year 2016, and each fiscal year thereafter, the Federal Trade Commission shall publish in the Federal Register and increase the amount of each filing fee under subsection (b) in the same manner and on the same dates as provided under section 8(a)(5) of the Clayton Act (15 U.S.C. 19(a)(5)) to reflect the percentage change in the gross national product for the fiscal year as compared to the gross national product for fiscal year 2013 except that the Federal Trade Commission—

“(1) shall round any increase in a filing fee under this subsection to the nearest $5,000;

“(2) shall not increase filing fees under this subsection if the increase in the gross national product is less than 1 percent; and

“(3) shall not decrease filing fees under this subsection.”

(b)
This section shall take effect on October 1, 2013.

Sec. 625

(a)
Section 1511 of title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) (“Act”) is amended by striking, “and linked to the website established by section 1526”.
(b)
(1)
Subsection (c) and subsections (e) through (h) of section 1512 of the Act are repealed.
(2)
Subsection (d) of section 1512 of the Act is amended to read as follows:

“(d) Agency reports—Starting October 1, 2013, each agency that made recovery funds available to any recipient shall make available to the public detailed spending data as prescribed by the Office of Management and Budget and pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282).”

(c)
Subsection (a) of section 1514 of the Act is amended by striking “and linked to the website established by section 1526”.
(d)
Subparagraph (A) of section 1523(b)(4) of the Act is amended by striking “the website established by section 1526” and inserting “a public website”.
(e)
Sections 1526 and 1554 of the Act are repealed.
(f)
Section 1530 of the Act is amended by striking “2013” and inserting “2015”.

Sec. 626

Each executive agency covered by this Act shall include, in its fiscal year 2015 budget justification materials submitted to the Committees on Appropriations of the House of Representatives and the Senate, a separate table briefly describing the top management challenges for fiscal year 2014 as identified by the agency inspector general, together with an explanation of how the fiscal year 2015 budget request addresses each such management challenge.

Sec. 627

(a)
The Federal Trade Commission and the Commodity Futures Trading Commission shall jointly establish a working group to coordinate the responsibilities of the Federal Trade Commission under subtitle B of title VII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17301 et seq.) and the responsibilities of the Commodity Futures Trading Commission under sections 6(c) and 9(a)(2) of the Commodity Exchange Act (7 U.S.C. 9 and 13(a)(2)) to protect against manipulation in petroleum markets.
(b)
The working group established under subsection (a) shall facilitate cooperation between the Federal Trade Commission and the Commodity Futures Trading Commission with respect to any responsibilities of those Commissions to monitor activity in, and analyze data (including data from public sources, such as the Energy Information Administration, and private sources) related to, petroleum markets—
(1)
to detect acts, practices, or courses of business in those markets that are manipulative, fraudulent, or deceptive; and
(2)
to identify potential violations of the prohibitions on petroleum market manipulation or the prohibitions on false reporting established under subtitle B of title VII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17301 et seq.) and sections 6(c) and 9(a) of the Commodity Exchange Act (7 U.S.C. 9 and 13(a)).
(c)
Not later than 270 days after the date of the enactment of this Act, the working group established under subsection (a) shall submit to the Committees on Appropriations of the Senate and the House of Representatives and the relevant committees of jurisdiction a report that describes—
(1)
the responsibilities of the Federal Trade Commission and the Commodity Futures Trading Commission with respect to any oversight of crude oil, gasoline, and petroleum distillate wholesale markets;
(2)
the number of full-time equivalent personnel at each Commission dedicated to monitoring of markets;
(3)
the types of data being collected on oil and petroleum product wholesale cash markets; and
(4)
the types of analysis being conducted with respect to that data.

Sec. 628

Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2002 (22 U.S.C. 7209) is amended by adding at the end the following:

“(c) The Secretary of the Treasury shall 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 United States professional organization; and the organization and management of professional meetings and conferences in Cuba if the sponsoring organization is a United States professional organization, if such travel is related to disaster prevention, emergency preparedness, and natural resource protection, including for fisheries, coral reefs, and migratory species.”