PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1165 

Public Law 113–67 

113th Congress 

Joint Resolution 

Making continuing appropriations for fiscal year 2014, and for other purposes. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That 

DIVISION A—BIPARTISAN BUDGET 

AGREEMENT 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Bipartisan 

Budget Act of 2013’’. 

(b) TABLE OF CONTENTS.—The table of contents of this division 

is as follows: 

DIVISION A—BUDGET ENFORCEMENT AND DEFICIT REDUCTION 

Sec. 1. Short title and table of contents. 

TITLE I—BUDGET ENFORCEMENT 

Subtitle A—Amendments to the Balanced Budget and Emergency Deficit Control 

Act of 1985 

Sec. 101. Amendments to the Balanced Budget and Emergency Deficit Control Act 

of 1985. 

Subtitle B—Establishing a Congressional Budget 

Sec. 111. Fiscal year 2014 budget resolution. 

Sec. 112. Limitation on advance appropriations in the Senate. 

Sec. 113. Rule of construction in the House of Representatives. 

Sec. 114. Additional Senate budget enforcement. 

Sec. 115. Authority for fiscal year 2015 budget resolution in the House of Representatives. 

Sec. 116. Authority for fiscal year 2015 budget resolution in the Senate. 

Sec. 117. Exclusion of savings from PAYGO scorecards. 

Sec. 118. Exercise of rulemaking powers. 

Subtitle C—Technical Corrections 

Sec. 121. Technical corrections to the Balanced Budget and Emergency Deficit Control Act of 1985. 

Sec. 122. Technical corrections to the Congressional Budget Act of 1974. 

TITLE II—PREVENTION OF WASTE, FRAUD, AND ABUSE 

Sec. 201. Improving the collection of unemployment insurance overpayments. 

Sec. 202. Strengthening Medicaid Third-Party Liability. 

Sec. 203. Restriction on access to the death master file. 

Sec. 204. Identification of inmates requesting or receiving improper payments. 

TITLE III—NATURAL RESOURCES 

Sec. 301. Ultra-deepwater and unconventional natural gas and other petroleum resources. 

2 USC 900 note. 

Bipartisan 

Budget Act of 

2013. 

Dec. 26, 2013 

[H.J. Res. 59] 


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Sec. 302. Amendment to the Mineral Leasing Act. 

Sec. 303. Approval of agreement with Mexico. 

Sec. 304. Amendment to the Outer Continental Shelf Lands Act. 

Sec. 305. Federal oil and gas royalty prepayment cap. 

Sec. 306. Strategic Petroleum Reserve. 

TITLE IV—FEDERAL CIVILIAN AND MILITARY RETIREMENT 

Sec. 401. Increase in contributions to Federal Employees Retirement System for 

new employees. 

Sec. 402. Foreign Service Pension System. 

Sec. 403. Annual adjustment of retired pay and retainer pay amounts for retired 

members of the Armed Forces under age 62. 

TITLE V—HIGHER EDUCATION 

Sec. 501. Default reduction program. 

Sec. 502. Elimination of nonprofit servicing contracts. 

TITLE VI—TRANSPORTATION 

Sec. 601. Aviation security service fees. 

Sec. 602. Transportation cost reimbursement. 

Sec. 603. Sterile areas at airports. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Sec. 701. Extension of customs user fees. 

Sec. 702. Limitation on allowable government contractor compensation costs. 

Sec. 703. Pension Benefit Guaranty Corporation premium rate increases. 

Sec. 704. Cancellation of Unobligated Balances. 

Sec. 705. Conservation planning technical assistance user fees. 

Sec. 706. Self plus one coverage. 

(c) REFERENCES.—Except as expressly provided otherwise, any 

reference to ‘‘this Act’’ contained in any division of this Act shall 

be treated as referring only to the provisions of that division. 

TITLE I—BUDGET ENFORCEMENT 

Subtitle A—Amendments to the Balanced 

Budget and Emergency Deficit Control 

Act of 1985 

SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY 

DEFICIT CONTROL ACT OF 1985. 

(a) REVISED DISCRETIONARY SPENDING LIMITS.—Section 251(c) 

of the Balanced Budget and Emergency Deficit Control Act of 1985 

is amended by striking paragraphs (1) through (10) and inserting 

the following new paragraphs: 

‘‘(1) for fiscal year 2014— 

‘‘(A) for the revised security category, $520,464,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$491,773,000,000 in new budget authority; 

‘‘(2) for fiscal year 2015— 

‘‘(A) for the revised security category, $521,272,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$492,356,000,000 in new budget authority; 

‘‘(3) for fiscal year 2016— 

‘‘(A) for the revised security category, $577,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$530,000,000,000 in new budget authority; 

2 USC 901. 

1 USC 1 note. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1167 

‘‘(4) for fiscal year 2017— ‘‘(A) for the revised security category, $590,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$541,000,000,000 in new budget authority; 

‘‘(5) for fiscal year 2018— 

‘‘(A) for the revised security category, $603,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$553,000,000,000 in new budget authority; 

‘‘(6) for fiscal year 2019— 

‘‘(A) for the revised security category, $616,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$566,000,000,000 in new budget authority; 

‘‘(7) for fiscal year 2020— 

‘‘(A) for the revised security category, $630,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$578,000,000,000 in new budget authority; and 

‘‘(8) for fiscal year 2021— 

‘‘(A) for the revised security category, $644,000,000,000 

in new budget authority; and 

‘‘(B) for the revised nonsecurity category, 

$590,000,000,000 in new budget authority;’’. 

(b) DIRECT SPENDING ADJUSTMENTS FOR FISCAL YEARS 2014 

AND 2015.—(1) Section 251A of the Balanced Budget and Emergency 

Deficit Control Act of 1985, as redesignated by subsection (d), 

is amended by adding at the end the following new paragraph: 

‘‘(10) IMPLEMENTING DIRECT SPENDING REDUCTIONS FOR

FISCAL YEARS 2014 AND 2015.—(A) OMB shall make the calculations necessary to implement the direct spending reductions 

calculated pursuant to paragraphs (3) and (4) without regard 

to the amendment made to section 251(c) revising the discretionary spending limits for fiscal years 2014 and 2015 by the 

Bipartisan Budget Act of 2013. 

‘‘(B) Paragraph (5)(B) shall not be implemented for fiscal 

years 2014 and 2015.’’. 

(2) Paragraph (5)(B) of section 251A of the Balanced Budget 

and Emergency Deficit Control Act of 1985, as redesignated by 

subsection (d)(2)(C) of this section, is amended by striking ‘‘On’’ 

and inserting ‘‘Except as provided by paragraph (10), on’’. 

(c) EXTENSION OF DIRECT SPENDING REDUCTIONS FOR FISCAL

YEARS 2022 AND 2023.—Paragraph (6), as redesignated by subsection (d)(2)(C) of this section, of section 251A of the Balanced 

Budget and Emergency Deficit Control Act of 1985 is amended 

by inserting ‘‘(A)’’ before ‘‘On the date’’ and by adding at the end 

the following new subparagraph: 

‘‘(B) On the dates OMB issues its sequestration preview 

reports for fiscal year 2022 and for fiscal year 2023, pursuant 

to section 254(c), the President shall order a sequestration, 

effective upon issuance such that— 

‘‘(i) the percentage reduction for nonexempt direct 

spending for the defense function is the same percent as 

the percentage reduction for nonexempt direct spending 

for the defense function for fiscal year 2021 calculated 

under paragraph (3)(B); and 

President. 

Sequestration. 

Effective date. 

2 USC 901a. 


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‘‘(ii) the percentage reduction for nonexempt direct 

spending for nondefense functions is the same percent as 

the percentage reduction for nonexempt direct spending 

for nondefense functions for fiscal year 2021 calculated 

under paragraph (4)(B).’’. 

(d) CONFORMING AMENDMENTS.—Part C of title II of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 

900 et seq.) is amended— 

(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by adding at 

the end the following: 

‘‘(D) The term ‘revised security category’ means discretionary appropriations in budget function 050. 

‘‘(E) The term ‘revised nonsecurity category’ means discretionary appropriations other than in budget function 050. 

‘‘(F) The term ‘category’ means the subsets of discretionary 

appropriations in section 251(c). Discretionary appropriations 

in each of the categories shall be those designated in the 

joint explanatory statement accompanying the conference report 

on the Balanced Budget Act of 1997. New accounts or activities 

shall be categorized only after consultation with the Committees 

on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent 

practicable, include written communication to such committees 

that affords such committees the opportunity to comment before 

official action is taken with respect to new accounts or activities.’’; and 

(2) in section 251A (2 U.S.C. 901a)— 

(A) by striking, in the matter preceding paragraph 

(1), ‘‘Unless’’ through ‘‘as follows:’’ and inserting the following: ‘‘Discretionary appropriations and direct spending 

accounts shall be reduced in accordance with this section 

as follows:’’; 

(B) by striking paragraphs (1) and (2); 

(C) by redesignating paragraphs (3) through (11) as 

paragraphs (1) through (9), respectively; 

(D) in paragraph (2), as redesignated, by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (1)’’; 

(E) in paragraph (3), as redesignated, by striking ‘‘paragraph (4)’’ each place it appears and inserting ‘‘paragraph 

(2)’’; 

(F) in paragraph (4), as redesignated, by striking ‘‘paragraph (4)’’ each place it appears and inserting ‘‘paragraph 

(2)’’; 

(G) in paragraph (5), as redesignated— 

(i) by striking ‘‘paragraph (5)’’ each place it appears 

and inserting ‘‘paragraph (3)’’; and 

(ii) by striking ‘‘paragraph (6)’’ each place it 

appears and inserting ‘‘paragraph (4)’’; 

(H) in paragraph (6), as redesignated— 

(i) by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’; and 

(ii) by striking ‘‘paragraphs (5) and (6)’’ and 

inserting ‘‘paragraphs (3) and (4)’’; 

(I) in paragraph (7), as redesignated— 

(i) by striking ‘‘paragraph (8)’’ and inserting ‘‘paragraph (6)’’; and 

Consultation. 

Definitions. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1169 

(ii) by striking ‘‘paragraph (6)’’ each place it 

appears and inserting ‘‘paragraph (4)’’; and 

(J) in paragraph (9), as redesignated, by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’. 

Subtitle B—Establishing a Congressional 

Budget 

SEC. 111. FISCAL YEAR 2014 BUDGET RESOLUTION. 

(a) FISCAL YEAR 2014.—For the purpose of enforcing the 

Congressional Budget Act of 1974 for fiscal year 2014, and enforcing, 

in the Senate, budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels provided 

for in subsection (b) shall apply in the same manner as for a 

concurrent resolution on the budget for fiscal year 2014 with appropriate budgetary levels for fiscal year 2014 and for fiscal years 

2015 through 2023. 

(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—The 

Chairmen of the Committee on the Budget of the House of Representatives and the Senate shall each submit a statement for 

publication in the Congressional Record as soon as practicable 

after the date of enactment of this Act that includes— 

(1) for the Committee on Appropriations of that House, 

committee allocations for fiscal year 2014 consistent with the 

discretionary spending limits set forth in this Act for the purpose of enforcing section 302 of the Congressional Budget Act 

of 1974; 

(2) for all committees of that House other than the Committee on Appropriations, committee allocations for— 

(A) fiscal year 2014; 

(B) fiscal years 2014 through 2018 in the Senate only; 

and 

(C) fiscal years 2014 through 2023; 

consistent with the May 2013 baseline of the Congressional 

Budget Office adjusted to account for the budgetary effects 

of this Act and legislation enacted prior to this Act but not 

included in the May 2013 baseline of the Congressional Budget 

Office, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974; 

(3) aggregate spending levels for fiscal year 2014 in accordance with the allocations established under paragraphs (1) 

and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974; 

(4) aggregate revenue levels for— 

(A) fiscal year 2014; 

(B) fiscal years 2014 through 2018 in the Senate only; 

and 

(C) fiscal years 2014 through 2023; 

consistent with the May 2013 baseline of the Congressional 

Budget Office adjusted to account for the budgetary effects 

of this Act and legislation enacted prior to this Act but not 

included in the May 2013 baseline of the Congressional Budget 

Office, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974; and 

(5) in the Senate only, levels of Social Security revenues 

and outlays for fiscal year 2014 and for the periods of fiscal 

Congressional 

Record, 

publication. 

Applicability. 


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127 STAT. 1170 PUBLIC LAW 113–67—DEC. 26, 2013 

years 2014 through 2018 and 2014 through 2023 consistent 

with the May 2013 baseline of the Congressional Budget Office 

adjusted to account for the budgetary effects of this Act and 

legislation enacted prior to this Act but not included in the 

May 2013 baseline of the Congressional Budget Office, for 

the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974. 

(c) FURTHER ADJUSTMENTS.—After the date of enactment of 

this Act, the Chairman of the Committee on the Budget of the 

House of Representatives may reduce the aggregates, allocations, 

and other budgetary levels included in the statement of the Chairman of the Committee on the Budget of the House of Representatives referred to in subsection (b) to reflect the budgetary effects 

of any legislation enacted during the 113th Congress that reduces 

the deficit. 

SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE. 

(a) POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS IN

THE SENATE.— 

(1) IN GENERAL.— 

(A) POINT OF ORDER.—Except as provided in paragraph 

(2), it shall not be in order in the Senate to consider 

any bill, joint resolution, motion, amendment, amendment 

between the Houses, or conference report that would provide an advance appropriation. 

(B) DEFINITION.—In this subsection, the term ‘‘advance 

appropriation’’ means any new budget authority provided 

in a bill or joint resolution making appropriations for fiscal 

year 2014 that first becomes available for any fiscal year 

after 2014 or any new budget authority provided in a 

bill or joint resolution making appropriations for fiscal 

year 2015 that first becomes available for any fiscal year 

after 2015. 

(2) EXCEPTIONS.—Advance appropriations may be provided— 

(A) for fiscal years 2015 and 2016 for programs, 

projects, activities, or accounts identified in a statement 

submitted to the Congressional Record by the Chairman 

of the Committee on the Budget of the Senate under the 

heading ‘‘Accounts Identified for Advance Appropriations’’ 

in an aggregate amount not to exceed $28,852,000,000 in 

new budget authority in each fiscal year; 

(B) for the Corporation for Public Broadcasting; and 

(C) for the Department of Veterans Affairs for the 

Medical Services, Medical Support and Compliance, and 

Medical Facilities accounts of the Veterans Health 

Administration. 

(3) SUPERMAJORITY WAIVER AND APPEAL.— 

(A) WAIVER.—In the Senate, paragraph (1) may be 

waived or suspended only by an affirmative vote of threefifths of the Members, duly chosen and sworn. 

(B) APPEAL.—An affirmative vote of three-fifths of the 

Members of the Senate, duly chosen and sworn, shall be 

required to sustain an appeal of the ruling of the Chair 

on a point of order raised under paragraph (1). 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1171 

(4) FORM OF POINT OF ORDER.—A point of order under 

paragraph (1) may be raised by a Senator as provided in 

section 313(e) of the Congressional Budget Act of 1974. 

(5) CONFERENCE REPORTS.—When the Senate is considering 

a conference report on, or an amendment between the Houses 

in relation to, a bill, upon a point of order being made by 

any Senator pursuant to this subsection, and such point of 

order being sustained, such material contained in such conference report or amendment between the Houses shall be 

stricken, and the Senate shall proceed to consider the question 

of whether the Senate shall recede from its amendment and 

concur with a further amendment, or concur in the House 

amendment with a further amendment, as the case may be, 

which further amendment shall consist of only that portion 

of the conference report or House amendment, as the case 

may be, not so stricken. Any such motion in the Senate shall 

be debatable. In any case in which such point of order is 

sustained against a conference report (or Senate amendment 

derived from such conference report by operation of this paragraph), no further amendment shall be in order. 

(6) INAPPLICABILITY.—In the Senate, section 402 of S. Con. 

Res. 13 (111th Congress) shall no longer apply. 

(b) EXPIRATION.—Subsection (a) shall expire if a concurrent 

resolution on the budget for fiscal year 2015 is agreed to by the 

Senate and House of Representatives pursuant to section 301 of 

the Congressional Budget Act of 1974. 

SEC. 113. RULE OF CONSTRUCTION IN THE HOUSE OF REPRESENTATIVES. 

In the House of Representatives, for the remainder of the 

113th Congress, the provisions of H. Con. Res. 25 (113th Congress), 

as deemed in force by H. Res. 243 (113th Congress), shall remain 

in force to the extent its budgetary levels are not superseded by 

this subtitle or by further action of the House of Representatives. 

SEC. 114. ADDITIONAL SENATE BUDGET ENFORCEMENT. 

(a) SENATE PAY-AS-YOU-GO SCORECARD.— (1) IN GENERAL.—Effective on the date of enactment of 

this Act, for the purpose of enforcing section 201 of S. Con. 

Res. 21 (110th Congress), the Chairman of the Committee 

on the Budget of the Senate shall reduce any balances of 

direct spending and revenues for any fiscal year to zero. 

(2) FISCAL YEAR 2015.—After April 15, 2014, but not later 

than May 15, 2014, for the purpose of enforcing section 201 

of S. Con. Res. 21 (110th Congress), the Chairman of the 

Committee on the Budget of the Senate shall reduce any balances of direct spending and revenues for any fiscal year to 

zero. 

(3) PUBLICATION.—Upon resetting the Senate paygo scorecard pursuant to paragraph (2), the Chairman of the Committee 

on the Budget of the Senate shall publish a notification of 

such action in the Congressional Record. 

(b) FURTHER ADJUSTMENTS.—With respect to any allocations, 

aggregates, or levels set or adjustments made pursuant to this 

subtitle, sections 412 through 414 of S. Con. Res. 13 (111th Congress) shall remain in effect. 

(c) DEFICIT-NEUTRAL RESERVE FUND TO REPLACE SEQUESTRATION.—The Chairman of the Committee on the Budget of the Senate 

Congressional 

Record, 

publication. 

Notification. 

Time period. 

Deadline. 

Effective date. 


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127 STAT. 1172 PUBLIC LAW 113–67—DEC. 26, 2013 

may revise the allocations of a committee or committees, aggregates, 

and other appropriate levels and limits set pursuant to this subtitle 

for one or more bills, joint resolutions, amendments, motions, or 

conference reports that amend section 251A of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) to 

repeal or revise the enforcement procedures established under that 

section, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit 

over the period of the total of fiscal years 2014 through 2023. 

For purposes of determining deficit-neutrality under this subsection, 

the Chairman may include the estimated effects of any amendment 

or amendments to the discretionary spending limits in section 251(c) 

of the Balanced Budget and Emergency Deficit Control Act of 1985 

(2 U.S.C. 901(c)). 

(d) ADDITIONAL DEFICIT-NEUTRAL RESERVE FUNDS.—In the 

Senate only, sections 302, 303, 304, 305, 306, 307, 308, 309, 310, 

311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 322, 323, 324, 

325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 338, 339, 

340, 341, 344, 348, 349, 350, 353, 354, 356, 361, 363, 364, 365, 

366, 367, 368, 369, 371, 376, 378, 379, and 383 of S. Con. Res. 

8 (113th Congress), as passed the Senate, shall have force and 

effect. 

(e) EXPIRATION.—Subsections (a)(2), (c), and (d) shall expire 

if a concurrent resolution on the budget for fiscal year 2015 is 

agreed to by the Senate and House of Representatives pursuant 

to section 301 of the Congressional Budget Act of 1974. 

SEC. 115. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION 

IN THE HOUSE OF REPRESENTATIVES. 

(a) FISCAL YEAR 2015.—If a concurrent resolution on the budget 

for fiscal year 2015 has not been adopted by April 15, 2014, for 

the purpose of enforcing the Congressional Budget Act of 1974, 

the allocations, aggregates, and levels provided for in subsection 

(b) shall apply in the House of Representatives after April 15, 

2014, in the same manner as for a concurrent resolution on the 

budget for fiscal year 2015 with appropriate budgetary levels for 

fiscal year 2015 and for fiscal years 2016 through 2024. 

(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—In 

the House of Representatives, the Chairman of the Committee 

on the Budget shall submit a statement for publication in the 

Congressional Record after April 15, 2014, but not later than May 

15, 2014, containing— 

(1) for the Committee on Appropriations, committee allocations for fiscal year 2015 at the total level as set forth in 

section 251(c)(2) of the Balanced Budget and Emergency Deficit 

Control Act of 1985 for the purpose of enforcing section 302 

of the Congressional Budget Act of 1974; 

(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal year 2015 and for 

the period of fiscal years 2015 through 2024 at the levels 

included in the most recent baseline of the Congressional 

Budget Office, as adjusted for the budgetary effects of any 

provision of law enacted during the period beginning on the 

date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 

302 of the Congressional Budget Act of 1974; and 

Congressional 

Record, 

publication. 

Time periods. 

Deadline. 

Applicability. 

Effective date. 


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(3) aggregate spending levels for fiscal year 2015 and aggregate revenue levels for fiscal year 2015 and for the period 

of fiscal years 2015 through 2024, at the levels included in 

the most recent baseline of the Congressional Budget Office, 

as adjusted for the budgetary effects of any provision of law 

enacted during the period beginning on the date such baseline 

is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974. 

(c) ADDITIONAL MATTER.—The statement referred to in subsection (b) may also include for fiscal year 2015, the matter contained in title IV (reserve funds) and in sections 601, 603(a), 605(a), 

and 609 of H. Con. Res. 25 (113th Congress), as adopted by the 

House, updated by one fiscal year, including updated amounts 

for section 601. 

(d) FISCAL YEAR 2015 ALLOCATION TO THE COMMITTEE ON

APPROPRIATIONS.—If the statement referred to in subsection (b) 

is not filed by May 15, 2014, then the matter referred to in subsection (b)(1) shall be submitted by the Chairman of the Committee 

on the Budget for publication in the Congressional Record on the 

next day that the House of Representatives is in session. 

(e) ADJUSTMENTS.—The Chairman of the Committee on the 

Budget of the House of Representatives may adjust the levels 

included in the statement referred to in subsection (b) to reflect 

the budgetary effects of any legislation enacted during the 113th 

Congress that reduces the deficit or as otherwise necessary. 

(f) APPLICATION.—Subsections (a), (b), (c), (d), and (e) shall 

no longer apply if a concurrent resolution on the budget for fiscal 

year 2015 is agreed to by the Senate and House of Representatives 

pursuant to section 301 of the Congressional Budget Act of 1974. 

SEC. 116. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION 

IN THE SENATE. 

(a) FISCAL YEAR 2015.—For the purpose of enforcing the 

Congressional Budget Act of 1974, after April 15, 2014, and 

enforcing budgetary points of order in prior concurrent resolutions 

on the budget, the allocations, aggregates, and levels provided for 

in subsection (b) shall apply in the Senate in the same manner 

as for a concurrent resolution on the budget for fiscal year 2015 

with appropriate budgetary levels for fiscal years 2014 and 2016 

through 2024. 

(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—After 

April 15, 2014, but not later than May 15, 2014, the Chairman 

of the Committee on the Budget of the Senate shall file— 

(1) for the Committee on Appropriations, committee allocations for fiscal years 2014 and 2015 consistent with the discretionary spending limits set forth in this Act for the purpose 

of enforcing section 302 of the Congressional Budget Act of 

1974; 

(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2014, 2015, 

2015 through 2019, and 2015 through 2024 consistent with 

the most recent baseline of the Congressional Budget Office 

for the purpose of enforcing section 302 of the Congressional 

Budget Act of 1974; 

Time period. 

Deadline. 

Applicability. 

Deadline. 

Congressional 

Record, 

publication. 


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127 STAT. 1174 PUBLIC LAW 113–67—DEC. 26, 2013 

(3) aggregate spending levels for fiscal years 2014 and 

2015 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 

of the Congressional Budget Act of 1974; 

(4) aggregate revenue levels for fiscal years 2014, 2015, 

2015 through 2019, and 2015 through 2024 consistent with 

the most recent baseline of the Congressional Budget Office 

for the purpose of enforcing section 311 of the Congressional 

Budget Act of 1974; and 

(5) levels of Social Security revenues and outlays for fiscal 

years 2014, 2015, 2015 through 2019, and 2015 through 2024 

consistent with the most recent baseline of the Congressional 

Budget Office for the purpose of enforcing sections 302 and 

311 of the Congressional Budget Act of 1974. 

(c) ADDITIONAL MATTER.—The filing referred to in subsection 

(b) may also include, for fiscal year 2015, the reserve funds included 

in section 114(c) and (d) of this Act, updated by one fiscal year. 

(d) SUPERSEDING PREVIOUS STATEMENT.—In the Senate, the 

filing referred to in subsection (b) shall supersede the statement 

referred to in section 111(b) of this Act. 

(e) EXPIRATION.—This section shall expire if a concurrent resolution on the budget for fiscal year 2015 is agreed to by the Senate 

and House of Representatives pursuant to section 301 of the 

Congressional Budget Act of 1974. 

SEC. 117. EXCLUSION OF SAVINGS FROM PAYGO SCORECARDS. 

(a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—Notwithstanding 

section 1(c) of this division, the budgetary effects of this Act shall 

not be entered on either PAYGO scorecard maintained pursuant 

to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—Notwithstanding section 1(c) 

of this division, the budgetary effects of this Act shall not be 

entered on any PAYGO scorecard maintained for purposes of section 

201 of S. Con. Res. 21 (110th Congress). 

SEC. 118. EXERCISE OF RULEMAKING POWERS. 

The provisions of this subtitle are enacted by the Congress— 

(1) as an exercise of the rulemaking power of the House 

of Representatives and the Senate, respectively, and as such 

they shall be considered as part of the rules of each House, 

respectively, or of that House to which they specifically apply, 

and such rules shall supersede other rules only to the extent 

that they are inconsistent therewith; and 

(2) with full recognition of the constitutional right of either 

House to change such rules (so far as relating to such House) 

at any time, in the same manner, and to the same extent 

as in the case of any other rule of such House. 

Subtitle C—Technical Corrections 

SEC. 121. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND 

EMERGENCY DEFICIT CONTROL ACT OF 1985. 

The Balanced Budget and Emergency Deficit Control Act of 

1985 is amended as follows: 

(1) In section 252(b)(2)(B), strike ‘‘applicable to budget year’’ 

and insert ‘‘applicable to the budget year’’. 

2 USC 902. 


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(2) In section 252(c)(1)(C)(i), strike ‘‘paragraph (1)’’ and 

insert ‘‘subsection (b)’’. 

(3) In section 254(c)(3)(A), strike ‘‘subsection 252(b)’’ and 

insert ‘‘section 252(b)’’. 

(4) In section 254(f)(4), strike ‘‘subsection 252(b)’’ and insert 

‘‘section 252(b)’’. 

(5) In section 255(a), strike ‘‘section 231b(a), 231b(f)(2), 

231c(a), and 231c(f) of title 45 United States Code’’ and insert 

‘‘sections 3 and 4 of the Railroad Retirement Act of 1937 (45 

U.S.C. 231 et seq.)’’. 

(6) In section 255(h), in the item relating to Federal Pell 

Grants, strike ‘‘section 401 Title IV’’ and insert ‘‘section 401 

of title IV’’. 

(7) In the first subsection (j) of section 255 (relating to 

Split Treatment Programs), move the margins for the list items 

two ems to the right. 

(8) Redesignate the second subsection (j) of section 255 

(relating to Identification of Programs) as subsection (k). 

(9) In section 257(b)(2)(A)(i), strike ‘‘differenes’’ and insert 

‘‘differences’’. 

(10) In section 258(a)(1), strike ‘‘section 254(j)’’ and insert 

‘‘section 254(i)’’. 

SEC. 122. TECHNICAL CORRECTIONS TO THE CONGRESSIONAL 

BUDGET ACT OF 1974. 

The Congressional Budget Act of 1974 is amended as follows: 

(1) In sections 301(a)(6) and 301(a)(7), strike ‘‘For purposes’’ 

and insert ‘‘for purposes’’. 

(2) In section 301(a), in the matter following paragraph 

(7), strike ‘‘old age’’ and insert ‘‘old-age’’. 

(3) In section 302(g)(2)(A), strike ‘‘committee on the Budget’’ 

and insert ‘‘Committee on the Budget’’. 

(4) In section 305(a)(1), strike ‘‘clause 2(l)(6) of rule XI’’ 

and insert ‘‘clause 4 of rule XIII’’. 

(5) In section 305(a)(5), strike ‘‘provisions of rule XXIII’’ 

and insert ‘‘provisions of rule XVIII’’. 

(6) In section 305(b)(1), strike ‘‘section 304(a)’’ and insert 

‘‘section 304’’. 

(7) In section 306 strike ‘‘No’’ and insert ‘‘(a) IN THE

SENATE.—In the Senate, no’’, strike ‘‘of either House’’ and ‘‘in 

that House’’, strike ‘‘of that House’’, and add at the end the 

following new subsection: 

‘‘(b) IN THE HOUSE OF REPRESENTATIVES.—In the House of 

Representatives, no bill or joint resolution, or amendment thereto, 

or conference report thereon, dealing with any matter which is 

within the jurisdiction of the Committee on the Budget shall be 

considered unless it is a bill or joint resolution which has been 

reported by the Committee on the Budget (or from the consideration 

of which such committee has been discharged) or unless it is an 

amendment to such a bill or joint resolution.’’. 

(8) In section 308(d), in the subsection heading, strike 

‘‘Scorekeeping Guidelines.—’’ and insert ‘‘SCOREKEEPING GUIDELINES.—’’. 

(9) In section 310(c)(1)(A)(i) and (ii), strike ‘‘under that 

paragraph by more than’’ and insert ‘‘under that paragraph 

by more than—’’. 

2 USC 641. 

2 USC 639. 

2 USC 637. 

2 USC 636. 

2 USC 633. 

2 USC 632. 

2 USC 907a. 

2 USC 907. 

2 USC 905. 

2 USC 904. 


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(10) In section 314(d)(2), strike subparagraph (A), redesignate subparagraphs (B) and (C) as subparagraphs (A) and 

(B) respectively, in subparagraph (A), as redesignated, strike 

‘‘under subparagraph (A)’’ and insert ‘‘under paragraph (1)’’, 

and in subparagraph (B), as redesignated, strike ‘‘under 

subparagraph (B)’’ and insert ‘‘under subparagraph (A)’’. 

(11) In section 315, add at the end the following new 

sentence: ‘‘In the case of a reported bill or joint resolution 

considered pursuant to a special order of business, a point 

of order under section 303 shall be determined on the basis 

of the text made in order as an original bill or joint resolution 

for the purpose of amendment or to the text on which the 

previous question is ordered directly to passage, as the case 

may be.’’. 

(12) In section 401(b)(2), strike ‘‘section 302(b)’’ and insert 

‘‘section 302(a)’’. 

(13) In section 401(c), add at the end the following new 

paragraph: 

‘‘(3) In the House of Representatives, subsections (a) and 

(b) shall not apply to new authority described in those subsections to the extent that a provision in a bill or joint resolution, or an amendment thereto or a conference report thereon, 

establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual 

discretionary appropriations.’’. 

(14) In section 421(5)(A)(i)(II), strike ‘‘subparagraph (B))’’ 

and insert ‘‘subparagraph (B)’’. 

(15) In section 505(c), strike ‘‘section 406(b)’’ both places 

it appears and insert ‘‘section 405(b)’’. 

(16) In section 904(c)(2), strike ‘‘258A(b)(3)(C)(I)’’ and 

‘‘258(h)(3)’’ and insert ‘‘258A(b)(3)(C)(i)’’ and ‘‘258B(h)(3)’’, 

respectively, and strike ‘‘and 314(e)’’ and insert ‘‘314(e), and 

314(f)’’. 

(17) In section 904(d)(3), strike ‘‘258A(b)(3)(C)(I)’’ and 

‘‘258(h)(3)’’ and insert ‘‘258A(b)(3)(C)(i)’’ and ‘‘258B(h)(3)’’, 

respectively, and strike ‘‘and 312(c)’’ and insert ‘‘312(c), 314(e), 

and 314(f)’’. 

TITLE II—PREVENTION OF WASTE, 

FRAUD, AND ABUSE 

SEC. 201. IMPROVING THE COLLECTION OF UNEMPLOYMENT INSURANCE OVERPAYMENTS. 

(a) IN GENERAL.—Section 303 of the Social Security Act (42 

U.S.C. 503) is amended by adding at the end the following: 

‘‘(m) In the case of a covered unemployment compensation 

debt (as defined under section 6402(f)(4) of the Internal Revenue 

Code of 1986) that remains uncollected as of the date that is 

1 year after the debt was finally determined to be due and collected, 

the State to which such debt is owed shall take action to recover 

such debt under section 6402(f) of the Internal Revenue Code of 

1986.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect upon the date of enactment of this Act. 

42 USC 503 note. 

2 USC 621 note. 

2 USC 661d. 

2 USC 658. 

2 USC 651. 

Determination. 

2 USC 645a. 

2 USC 645. 


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SEC. 202. STRENGTHENING MEDICAID THIRD-PARTY LIABILITY. 

(a) PAYMENT FOR PRENATAL AND PREVENTIVE PEDIATRIC CARE

AND IN CASES INVOLVING MEDICAL SUPPORT.—Section 1902(a)(25) 

of the Social Security Act (42 U.S.C. 1396a(a)(25)) is amended— 

(1) in subparagraph (E)(i), by inserting before the semicolon 

at the end the following: ‘‘, except that the State may, if 

the State determines doing so is cost-effective and will not 

adversely affect access to care, only make such payment if 

a third party so liable has not made payment within 90 days 

after the date the provider of such services has initially submitted a claim to such third party for payment for such services’’; and 

(2) in subparagraph (F)(i), by striking ‘‘30 days after such 

services are furnished’’ and inserting ‘‘90 days after the date 

the provider of such services has initially submitted a claim 

to such third party for payment for such services, except that 

the State may make such payment within 30 days after such 

date if the State determines doing so is cost-effective and necessary to ensure access to care.’’. 

(b) RECOVERY OF MEDICAID EXPENDITURES FROM BENEFICIARY

LIABILITY SETTLEMENTS.— 

(1) STATE PLAN REQUIREMENTS.—Section 1902(a)(25) of the 

Social Security Act (42 U.S.C. 1396a(a)(25)) is amended— 

(A) in subparagraph (B), by striking ‘‘to the extent 

of such legal liability’’; and 

(B) in subparagraph (H), by striking ‘‘payment by any 

other party for such health care items or services’’ and 

inserting ‘‘any payments by such third party’’. 

(2) ASSIGNMENT OF RIGHTS OF PAYMENT.—Section 

1912(a)(1)(A) of such Act (42 U.S.C. 1396k(a)(1)(A)) is amended 

by striking ‘‘payment for medical care from any third party’’ 

and inserting ‘‘any payment from a third party that has a 

legal liability to pay for care and services available under 

the plan’’. 

(3) LIENS.—Section 1917(a)(1)(A) of such Act (42 U.S.C. 

1396p(a)(1)(A)) is amended to read as follows: 

‘‘(A) pursuant to— 

‘‘(i) the judgment of a court on account of benefits 

incorrectly paid on behalf of such individual, or 

‘‘(ii) rights acquired by or assigned to the State in 

accordance with section 1902(a)(25)(H) or section 

1912(a)(1)(A), or’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2014. 

SEC. 203. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE. 

(a) IN GENERAL.—The Secretary of Commerce shall not disclose 

to any person information contained on the Death Master File 

with respect to any deceased individual at any time during the 

3-calendar-year period beginning on the date of the individual’s 

death, unless such person is certified under the program established 

under subsection (b). 

(b) CERTIFICATION PROGRAM.— 

(1) IN GENERAL.—The Secretary of Commerce shall establish a program— 

Privacy. 

Time period. 

42 USC 1306c. 

42 USC 1396a 

note. 

Deadlines. 


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(A) to certify persons who are eligible to access the 

information described in subsection (a) contained on the 

Death Master File, and 

(B) to perform periodic and unscheduled audits of certified persons to determine the compliance by such certified 

persons with the requirements of the program. 

(2) CERTIFICATION.—A person shall not be certified under 

the program established under paragraph (1) unless such person certifies that access to the information described in subsection (a) is appropriate because such person— 

(A) has— 

(i) a legitimate fraud prevention interest, or 

(ii) a legitimate business purpose pursuant to a 

law, governmental rule, regulation, or fiduciary duty, 

and 

(B) has systems, facilities, and procedures in place 

to safeguard such information, and experience in 

maintaining the confidentiality, security, and appropriate 

use of such information, pursuant to requirements similar 

to the requirements of section 6103(p)(4) of the Internal 

Revenue Code of 1986, and 

(C) agrees to satisfy the requirements of such section 

6103(p)(4) as if such section applied to such person. 

(3) FEES.— 

(A) IN GENERAL.—The Secretary of Commerce shall 

establish under section 9701 of title 31, United States 

Code, a program for the charge of fees sufficient to cover 

(but not to exceed) all costs associated with evaluating 

applications for certification and auditing, inspecting, and 

monitoring certified persons under the program. Any fees 

so collected shall be deposited and credited as offsetting 

collections to the accounts from which such costs are paid. 

(B) REPORT.—The Secretary of Commerce shall report 

on an annual basis to the Committee on Finance of the 

Senate and the Committee on Ways and Means of the 

House of Representatives on the total fees collected during 

the preceding year and the cost of administering the certification program under this subsection for such year. 

(c) IMPOSITION OF PENALTY.— 

(1) IN GENERAL.—Any person who is certified under the 

program established under subsection (b), who receives information described in subsection (a), and who during the period 

of time described in subsection (a)— 

(A) discloses such information to any person other than 

a person who meets the requirements of subparagraphs 

(A), (B), and (C) of subsection (b)(2), 

(B) discloses such information to any person who uses 

the information for any purpose not listed under subsection 

(b)(2)(A) or who further discloses the information to a person who does not meet such requirements, or 

(C) uses any such information for any purpose not 

listed under subsection (b)(2)(A), 

and any person to whom such information is disclosed who 

further discloses or uses such information as described in the 

preceding subparagraphs, shall pay a penalty of $1,000 for 

each such disclosure or use. 

(2) LIMITATION ON PENALTY.— 


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(A) IN GENERAL.—The total amount of the penalty 

imposed under this subsection on any person for any calendar year shall not exceed $250,000. 

(B) EXCEPTION FOR WILLFUL VIOLATIONS.—Subparagraph (A) shall not apply in the case of violations under 

paragraph (1) that the Secretary of Commerce determines 

to be willful or intentional violations. 

(d) DEATH MASTER FILE.—For purposes of this section, the 

term ‘‘Death Master File’’ means information on the name, social 

security account number, date of birth, and date of death of deceased 

individuals maintained by the Commissioner of Social Security, 

other than information that was provided to such Commissioner 

under section 205(r) of the Social Security Act (42 U.S.C. 405(r)). 

(e) EXEMPTION FROM FREEDOM OF INFORMATION ACT REQUIREMENT WITH RESPECT TO CERTAIN RECORDS OF DECEASED INDIVIDUALS.— 

(1) IN GENERAL.—No Federal agency shall be compelled 

to disclose the information described in subsection (a) to any 

person who is not certified under the program established under 

subsection (b). 

(2) TREATMENT OF INFORMATION.—For purposes of section 

552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3) of such section 

552. 

(f) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall take effect on the date that is 90 days after 

the date of the enactment of this Act. 

(2) FOIA EXEMPTION.—Subsection (e) shall take effect on 

the date of the enactment of this Act. 

SEC. 204. IDENTIFICATION OF INMATES REQUESTING OR RECEIVING 

IMPROPER PAYMENTS. 

(a) INFORMATION PROVIDED TO THE PRISONER UPDATE PROCESSING SYSTEM (PUPS).— 

(1) SECTION 202(x)(3)(B)(i)(I).—Section 202(x)(3)(B)(i)(I) of the 

Social Security Act (42 U.S.C. 402(x)(3)(B)(i)(I)) is amended 

by— 

(A) inserting ‘‘first, middle, and last’’ before ‘‘names’’; 

(B) striking the comma after the words ‘‘social security 

account numbers’’ and inserting ‘‘or taxpayer identification 

numbers, prison assigned inmate numbers, last known 

addresses,’’; 

(C) inserting ‘‘dates of release or anticipated dates 

of release, dates of work release,’’ before ‘‘and, to the extent 

available’’; and 

(D) by inserting ‘‘and clause (iv) of this subparagraph’’ 

after ‘‘paragraph (1)’’. 

(2) SECTION 1611(e)(1)(I)(i)(I).—Section 1611(e)(1)(I)(i)(I) of the 

Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) is amended 

by— 

(A) inserting ‘‘first, middle, and last’’ before ‘‘names’’; 

(B) striking the comma after the words ‘‘social security 

account numbers’’ and inserting ‘‘or taxpayer identification 

numbers, prison assigned inmate numbers, last known 

addresses,’’; 

Definition. 


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(C) inserting ‘‘dates of release or anticipated dates 

of release, dates of work release,’’ before ‘‘and, to the extent 

available’’; and 

(D) by inserting ‘‘and clause (iv) of this subparagraph’’ 

after ‘‘this paragraph’’. 

(b) AUTHORITY OF SECRETARY OF THE TREASURY TO ACCESS

PUPS.— 

(1) SECTION 202(x)(3)(B).—Section 202(x)(3)(B) of the Social 

Security Act (42 U.S.C. 402(x)(3)(B)) is amended— 

(A) in clause (iv), by inserting before the period the 

following: ‘‘, for statistical and research activities conducted 

by Federal and State agencies, and to the Secretary of 

the Treasury for the purposes of tax administration, debt 

collection, and identifying, preventing, and recovering 

improper payments under federally funded programs’’; and 

(B) by adding at the end the following: 

‘‘(v)(I) The Commissioner may disclose information received 

pursuant to this paragraph to any officer, employee, agent, or 

contractor of the Department of the Treasury whose official duties 

require such information to assist in the identification, prevention, 

and recovery of improper payments or in the collection of delinquent 

debts owed to the United States, including payments certified by 

the head of an executive, judicial, or legislative paying agency, 

and payments made to individuals whose eligibility, or continuing 

eligibility, to participate in a Federal program (including those 

administered by a State or political subdivision thereof) is being 

reviewed. 

‘‘(II) Notwithstanding the provisions of section 552a of title 

5, United States Code, or any other provision of Federal or State 

law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable 

information derived from a Federal system of records or similar 

records maintained by a Federal contractor, a Federal grantee, 

or an entity administering a Federal program or activity, and 

may redisclose such comparison of information to any paying or 

administering agency and to the head of the Federal Bureau of 

Prisons and the head of any State agency charged with the administration of prisons with respect to inmates whom the Secretary 

of the Treasury has determined may have been issued, or facilitated 

in the issuance of, an improper payment. 

‘‘(III) The comparison of information disclosed under subclause 

(I) shall not be considered a matching program for purposes of 

section 552a of title 5, United States Code.’’. 

(2) SECTION 1611(e)(1)(I).—Section 1611(e)(1)(I) of the Social 

Security Act (42 U.S.C. 1382(e)(1)(I)) is amended— 

(A) in clause (iii), by inserting before the period the 

following: ‘‘, for statistical and research activities conducted 

by Federal and State agencies, and to the Secretary of 

the Treasury for the purposes of tax administration, debt 

collection, and identifying, preventing, and recovering 

improper payments under federally funded programs’’; and 

(B) by adding at the end the following: 

‘‘(v)(I) The Commissioner may disclose information received 

pursuant to this paragraph to any officer, employee, agent, or 

contractor of the Department of the Treasury whose official duties 

require such information to assist in the identification, prevention, 

and recovery of improper payments or in the collection of delinquent 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1181 

debts owed to the United States, including payments certified by 

the head of an executive, judicial, or legislative paying agency, 

and payments made to individuals whose eligibility, or continuing 

eligibility, to participate in a Federal program (including those 

administered by a State or political subdivision thereof) is being 

reviewed. 

‘‘(II) Notwithstanding the provisions of section 552a of title 

5, United States Code, or any other provision of Federal or State 

law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable 

information derived from a Federal system of records or similar 

records maintained by a Federal contractor, a Federal grantee, 

or an entity administering a Federal program or activity and may 

redisclose such comparison of information to any paying or administering agency and to the head of the Federal Bureau of Prisons 

and the head of any State agency charged with the administration 

of prisons with respect to inmates whom the Secretary of the 

Treasury has determined may have been issued, or facilitated in 

the issuance of, an improper payment. 

‘‘(III) The comparison of information disclosed under subclause 

(I) shall not be considered a matching program for purposes of 

section 552a of title 5, United States Code.’’. 

(c) CONFORMING AMENDMENT TO THE DO NOT PAY INITIATIVE.— 

Section 5(a)(2) of the Improper Payments Elimination and Recovery 

Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by 

adding at the end the following: 

‘‘(F) Information regarding incarcerated individuals 

maintained by the Commissioner of Social Security under 

sections 202(x) and 1611(e) of the Social Security Act.’’. 

TITLE III—NATURAL RESOURCES 

SEC. 301. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS 

AND OTHER PETROLEUM RESOURCES. 

(a) REPEAL.—Subtitle J of title IX of the Energy Policy Act 

of 2005 (42 U.S.C. 16371 et seq.) is repealed. 

(b) RESCISSION.—Any unobligated funds appropriated for carrying out the subtitle repealed by subsection (a) are rescinded. 

SEC. 302. AMENDMENT TO THE MINERAL LEASING ACT. 

Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) 

is amended to read as follows— 

‘‘(b) DEDUCTION FOR ADMINISTRATIVE COSTS.—In determining 

the amount of payments to the States under this section, beginning 

in fiscal year 2014 and for each year thereafter, the amount of 

such payments shall be reduced by 2 percent for any administrative 

or other costs incurred by the United States in carrying out the 

program authorized by this Act, and the amount of such reduction 

shall be deposited to miscellaneous receipts of the Treasury.’’. 

SEC. 303. APPROVAL OF AGREEMENT WITH MEXICO. 

The Agreement between the United States of America and 

the United Mexican States Concerning Transboundary Hydrocarbon 

Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 

20, 2012, is hereby approved. 

43 USC 1356b 

note. 

Effective date. 


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127 STAT. 1182 PUBLIC LAW 113–67—DEC. 26, 2013 

SEC. 304. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS 

ACT. 

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS. 

‘‘(a) AUTHORIZATION.—After the date of enactment of the Bipartisan Budget Act of 2013, the Secretary may implement the terms 

of any transboundary hydrocarbon agreement for the management 

of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States 

to promote domestic job creation and ensure the expeditious and 

orderly development and conservation of domestic mineral resources 

in accordance with all applicable United States laws governing 

the exploration, development, and production of hydrocarbon 

resources on the Outer Continental Shelf. 

‘‘(b) SUBMISSION TO CONGRESS.— 

‘‘(1) IN GENERAL.—No later than 180 days after all parties 

to a transboundary hydrocarbon agreement have agreed to 

its terms, a transboundary hydrocarbon agreement that does 

not constitute a treaty in the judgment of the President shall 

be submitted by the Secretary to— 

‘‘(A) the Speaker of the House of Representatives; 

‘‘(B) the Majority Leader of the Senate; 

‘‘(C) the Chair of the Committee on Natural Resources 

of the House of Representatives; and 

‘‘(D) the Chair of the Committee on Energy and Natural 

Resources of the Senate. 

‘‘(2) CONTENTS OF SUBMISSION.—The submission shall 

include— 

‘‘(A) any amendments to this Act or other Federal 

law necessary to implement the agreement; 

‘‘(B) an analysis of the economic impacts such agreement and any amendments necessitated by the agreement 

will have on domestic exploration, development, and 

production of hydrocarbon resources on the Outer Continental Shelf; and 

‘‘(C) a detailed description of any regulations expected 

to be issued by the Secretary to implement the agreement. 

‘‘(c) IMPLEMENTATION OF SPECIFIC TRANSBOUNDARY AGREEMENT

WITH MEXICO.—The Secretary may take actions as necessary to 

implement the terms of the Agreement between the United States 

of America and the United Mexican States Concerning 

Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, 

signed at Los Cabos, February 20, 2012, including— 

‘‘(1) approving unitization agreements and related arrangements for the exploration, development, or production of oil 

and natural gas from transboundary reservoirs or geological 

structures; 

‘‘(2) making available, in the limited manner necessary 

under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the 

exploration, development, and production of oil and natural 

gas from a transboundary reservoir or geological structure that 

may be considered confidential, privileged, or proprietary 

information under law; 

Deadline. 

43 USC 1356b. 


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‘‘(3) taking actions consistent with an expert determination 

under the agreement; and 

‘‘(4) ensuring only appropriate inspection staff at the 

Bureau of Safety and Environmental Enforcement or other 

Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily 

attached to the seabed of the United States that may be erected 

thereon for the purpose of resource exploration, development 

or production activities as approved by the Secretary. 

‘‘(d) SAVINGS PROVISIONS.—Nothing in this section shall be 

construed— 

‘‘(1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources 

in the Gulf of Mexico along the United States maritime border 

with Cuba or the area known by the Department of the Interior 

as the ‘Eastern Gap’; or 

‘‘(2) as affecting the sovereign rights and the jurisdiction 

that the United States has under international law over the 

Outer Continental Shelf that appertains to it.’’. 

SEC. 305. FEDERAL OIL AND GAS ROYALTY PREPAYMENT CAP. 

(a) IN GENERAL.—Section 111(i) of the Federal Oil and Gas 

Royalty Management Act of 1982 (30 U.S.C. 1721(i)) is amended 

by striking ‘‘(i) Upon’’ and all that follows through ‘‘For purposes’’ 

and inserting the following: 

‘‘(i) LIMITATION ON INTEREST.— 

‘‘(1) IN GENERAL.—Interest shall not be paid on any excessive overpayment. 

‘‘(2) EXCESSIVE OVERPAYMENT DEFINED.—For purposes’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on July 1, 2014. 

SEC. 306. STRATEGIC PETROLEUM RESERVE. 

(a) REPEAL OF AUTHORITY TO ACQUIRE IN-KIND ROYALTY CRUDE

OIL.—Section 160(a) of the Energy Policy and Conservation Act 

(42 U.S.C. 6240(a)) is amended to read as follows: 

‘‘(a) The Secretary may acquire, place in storage, transport, 

or exchange petroleum products acquired by purchase or exchange.’’. 

(b) RESCISSION OF FUNDS.—Any unobligated balances available 

in the SPR Petroleum Account in the Treasury on the date of 

enactment of this section are permanently rescinded. 

TITLE IV—FEDERAL CIVILIAN AND 

MILITARY RETIREMENT 

SEC. 401. INCREASE IN CONTRIBUTIONS TO FEDERAL EMPLOYEES 

RETIREMENT SYSTEM FOR NEW EMPLOYEES. 

(a) DEFINITION.— (1) IN GENERAL.—Section 8401 of title 5, United States 

Code, is amended— 

(A) in paragraph (36), by striking ‘‘and’’ at the end; 

(B) in paragraph (37), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

30 USC 1721 

note. 


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‘‘(38) the term ‘further revised annuity employee’ means 

any individual who— 

‘‘(A) on December 31, 2013— 

‘‘(i) is not an employee or Member covered under 

this chapter; 

‘‘(ii) is not performing civilian service which is 

creditable service under section 8411; and 

‘‘(iii) has less than 5 years of creditable civilian 

service under section 8411; and 

‘‘(B) after December 31, 2013, becomes employed as 

an employee or becomes a Member covered under this 

chapter performing service which is creditable service 

under section 8411.’’. 

(2) TECHNICAL AMENDMENT.—Section 8401(37)(B) of title 

5, United States Code, is amended by inserting ‘‘and before 

January 1, 2014,’’ after ‘‘after December 31, 2012,’’. 

(b) INCREASE IN INDIVIDUAL CONTRIBUTIONS.—Section 

8422(a)(3) of title 5, United States Code, is amended— 

(1) in subparagraph (A), by inserting ‘‘or further revised 

annuity employees’’ after ‘‘revised annuity employees’’; and 

(2) by adding at the end the following: 

‘‘(C) The applicable percentage under this paragraph for civilian 

service by further revised annuity employees shall be as follows: 

‘‘Employee ..................... 10.6 After December 31, 2013. 

Congressional employee ........................ 10.6 After December 31, 2013. 

Member ......................... 10.6 After December 31, 2013. 

Law enforcement officer, firefighter, member of the Capitol Police, member of the 

Supreme Court Police, or air traffic controller ........................ 11.1 After December 31, 2013. 

Nuclear materials courier ............................. 11.1 After December 31, 2013. 

Customs and border 

protection officer ....... 11.1 After December 31, 2013.’’. 

(c) GOVERNMENT CONTRIBUTIONS.—Section 8423(a)(2) of title 

5, United States Code, is amended— 

(1) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; and 

(2) by adding at the end the following: 

‘‘(B)(i) Subject to clauses (ii) and (iii), for purposes of any 

period in any year beginning after December 31, 2013, the normalcost percentage under this subsection shall be determined and 

applied as if section 401(b) of the Bipartisan Budget Act of 2013 

had not been enacted. 

‘‘(ii) Any contributions under this subsection in excess of the 

amounts which (but for clause (i)) would otherwise have been payable shall be applied toward reducing the unfunded liability of 

the Civil Service Retirement System. 

‘‘(iii) After the unfunded liability of the Civil Service Retirement 

System has been eliminated, as determined by the Office, Government contributions under this subsection shall be determined and 

made disregarding this subparagraph. 

Determination. 

Applicability. 


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‘‘(iv) The preceding provisions of this subparagraph shall be 

disregarded for purposes of determining the contributions payable 

by the United States Postal Service and the Postal Regulatory 

Commission.’’. 

(d) ANNUITY CALCULATION.—Section 8415(d) of title 5, United 

States Code, is amended by inserting ‘‘or a further revised annuity 

employee’’ after ‘‘a revised annuity employee’’. 

SEC. 402. FOREIGN SERVICE PENSION SYSTEM. 

(a) DEFINITION.— 

(1) IN GENERAL.—Section 852 of the Foreign Service Act 

of 1980 (22 U.S.C. 4071a) is amended— 

(A) by redesignating paragraphs (8), (9), and (10) as 

paragraphs (9), (10), and (11), respectively; and 

(B) by inserting after paragraph (7) the following: 

‘‘(8) the term ‘further revised annuity participant’ means 

any individual who— 

‘‘(A) on December 31, 2013— 

‘‘(i) is not a participant; 

‘‘(ii) is not performing service which is creditable 

service under section 854; and 

‘‘(iii) has less than 5 years creditable service under 

section 854; and 

‘‘(B) after December 31, 2013, becomes a participant 

performing service which is creditable service under section 

854;’’. 

(2) TECHNICAL AMENDMENT.—Section 852(7)(B) of the Foreign Service Act of 1980 (22 U.S.C. 4071a(7)(B)) is amended 

by inserting ‘‘and before January 1, 2014,’’ after ‘‘after December 

31, 2012,’’. 

(b) DEDUCTIONS AND WITHHOLDINGS FROM PAY.—Section 

856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) 

is amended— 

(1) in subparagraph (A), by inserting ‘‘or a further revised 

annuity participant’’ after ‘‘revised annuity participant’’; and 

(2) by adding at the end the following: 

‘‘(C) The applicable percentage for a further revised annuity 

participant shall be as follows: 

‘‘11.15 .................................. After December 31, 2013.’’. 

(c) GOVERNMENT CONTRIBUTIONS.—Section 857 of the Foreign 

Service Act of 1980 (22 U.S.C. 4071f) is amended by adding at 

the end the following: 

‘‘(c)(1) Subject to paragraphs (2) and (3), for purposes of any 

period in any year beginning after December 31, 2013, the normalcost percentage under this section shall be determined and applied 

as if section 402(b) of the Bipartisan Budget Act of 2013 had 

not been enacted. 

‘‘(2) Any contributions under this section in excess of the 

amounts which (but for paragraph (1)) would otherwise have been 

payable shall be applied toward reducing the unfunded liability 

of the Foreign Service Retirement and Disability System. 

‘‘(3) After the unfunded liability of the Foreign Service Retirement and Disability System has been eliminated, as determined 

by the Secretary of State, Government contributions under this 

section shall be determined and made disregarding this subsection.’’. 

Determination. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
127 STAT. 1186 PUBLIC LAW 113–67—DEC. 26, 2013 

SEC. 403. ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY 

AMOUNTS FOR RETIRED MEMBERS OF THE ARMED 

FORCES UNDER AGE 62. 

(a) CPI MINUS ONE PERCENT.—Section 1401a(b) of title 10, 

United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘paragraphs (2) and (3)’’ 

and inserting ‘‘paragraph (2), (3), or (4)’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) REDUCED PERCENTAGE FOR RETIRED MEMBERS UNDER

AGE 62.— ‘‘(A) IN GENERAL.—Effective on December 1 of each 

year, the retired pay of each member and former member 

under 62 years of age entitled to that pay shall be adjusted 

in accordance with this paragraph instead of paragraph 

(2) or (3). 

‘‘(B) CPI MINUS ONE.—If the percent determined under 

paragraph (2) is greater than 1 percent, the Secretary 

shall increase the retired pay of each member and former 

member by the difference between— 

‘‘(i) the percent determined under paragraph (2); 

and 

‘‘(ii) 1 percent. 

‘‘(C) NO NEGATIVE ADJUSTMENT.—If the percent determined under paragraph (2) is equal to or less than 1 

percent, the Secretary shall not increase the retired pay 

of members and former members under this paragraph. 

‘‘(D) REVISED ADJUSTMENT UPON REACHING AGE 62.— 

When a member or former member whose retired pay 

has been subject to adjustment under this paragraph 

becomes 62 years of age, the Secretary of Defense shall 

recompute the retired pay of the member or former 

member, to be effective on the date of the next adjustment 

of retired pay under this subsection, so as to be the amount 

equal to the amount of retired pay to which the member 

or former member would be entitled on that date if 

increases in the retired pay of the member or former 

member had been computed as provided in paragraph (2) 

or as specified in section 1410 of this title, as applicable, 

rather than this paragraph. 

‘‘(E) INAPPLICABILITY OF CATCH-UP RULE.—Paragraph 

(5) shall not apply in the case of adjustments made, or 

not made, as a result of application of this paragraph.’’. 

(b) RESTORAL OF FULL RETIREMENT AMOUNT AT AGE 62.— 

Section 1410(1) of title 10, United States Code, is amended by 

striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (3) or (4)’’. 

(c) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) shall take effect on December 1, 2015. 

TITLE V—HIGHER EDUCATION 

SEC. 501. DEFAULT REDUCTION PROGRAM. 

Effective July 1, 2014, section 428F(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078–6(a)(1)) is amended— 

Effective date. 

Loans. 

20 USC 1078–6 

note. 

10 USC 1401a 

note. 

Effective date. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1187 

(1) in subparagraph (A), by striking clause (ii) and inserting 

the following: 

‘‘(ii) beginning July 1, 2014, assign the loan to 

the Secretary if the guaranty agency has been unable 

to sell the loan under clause (i).’’; and 

(2) in subparagraph (D), by striking clause (i) and inserting 

the following: 

‘‘(i) the guaranty agency— 

‘‘(I) shall, in the case of a sale made on or 

after July 1, 2014, repay the Secretary 100 percent 

of the amount of the principal balance outstanding 

at the time of such sale, multiplied by the reinsurance percentage in effect when payment under 

the guaranty agreement was made with respect 

to the loan; and 

‘‘(II) may, in the case of a sale made on or 

after July 1, 2014, in order to defray collection 

costs— 

‘‘(aa) charge to the borrower an amount 

not to exceed 16 percent of the outstanding 

principal and interest at the time of the loan 

sale; and 

‘‘(bb) retain such amount from the proceeds of the loan sale; and’’. 

SEC. 502. ELIMINATION OF NONPROFIT SERVICING CONTRACTS. 

The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 

is amended— 

(1) in section 456 (20 U.S.C. 1087f)— 

(A) in subsection (a), by striking paragraph (4); and 

(B) by striking subsection (c); and 

(2) in section 458(a) (20 U.S.C. 1087h(a)), by striking paragraph (2). 

TITLE VI—TRANSPORTATION 

SEC. 601. AVIATION SECURITY SERVICE FEES. 

(a) AIR CARRIER FEES.— (1) REPEAL.—Section 44940(a)(2) of title 49, United States 

Code, is repealed. 

(2) CONFORMING AMENDMENT.—Section 44940(d)(1) of such 

title is amended by striking ‘‘, and may impose a fee under 

subsection (a)(2),’’. 

(3) EFFECTIVE DATE.—The repeal made by paragraph (1) 

and the amendment made by paragraph (2) shall each take 

effect on October 1, 2014. 

(b) RESTRUCTURING OF PASSENGER FEE.—Section 44940(c) of 

such title is amended to read as follows: 

‘‘(c) LIMITATION ON FEE.—Fees imposed under subsection (a)(1) 

shall be $5.60 per one-way trip in air transportation or intrastate 

air transportation that originates at an airport in the United 

States.’’. 

(c) DEPOSIT OF RECEIPTS IN GENERAL FUND.—Section 44940(i) 

of such title is amended to read as follows: 

‘‘(i) DEPOSIT OF RECEIPTS IN GENERAL FUND.— 

49 USC 44940 

note. 


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127 STAT. 1188 PUBLIC LAW 113–67—DEC. 26, 2013 

‘‘(1) IN GENERAL.—Beginning in fiscal year 2014, out of 

fees received in a fiscal year under subsection (a)(1), after 

amounts are made available in the fiscal year under section 

44923(h), the next funds derived from such fees in the fiscal 

year, in the amount specified for the fiscal year in paragraph 

(4), shall be credited as offsetting receipts and deposited in 

the general fund of the Treasury. 

‘‘(2) FEE LEVELS.—The Secretary of Homeland Security 

shall impose the fee authorized by subsection (a)(1) so as to 

collect in a fiscal year at least the amount specified in paragraph (4) for the fiscal year for making deposits under paragraph (1). 

‘‘(3) RELATIONSHIP TO OTHER PROVISIONS.—Subsections (b) 

and (f) shall not apply to amounts to be used for making 

deposits under this subsection. 

‘‘(4) FISCAL YEAR AMOUNTS.—For purposes of paragraphs 

(1) and (2), the fiscal year amounts are as follows: ‘‘(A) $390,000,000 for fiscal year 2014. 

‘‘(B) $1,190,000,000 for fiscal year 2015. 

‘‘(C) $1,250,000,000 for fiscal year 2016. 

‘‘(D) $1,280,000,000 for fiscal year 2017. 

‘‘(E) $1,320,000,000 for fiscal year 2018. 

‘‘(F) $1,360,000,000 for fiscal year 2019. 

‘‘(G) $1,400,000,000 for fiscal year 2020. 

‘‘(H) $1,440,000,000 for fiscal year 2021. 

‘‘(I) $1,480,000,000 for fiscal year 2022. 

‘‘(J) $1,520,000,000 for fiscal year 2023.’’. 

(d) IMPOSITION OF FEE INCREASE.—The Secretary of Homeland 

Security shall implement the fee increase authorized by the amendment made by subsection (b)— 

(1) beginning on July 1, 2014; and 

(2) through the publication of notice of such fee in the 

Federal Register, notwithstanding section 9701 of title 31, 

United States Code, and the procedural requirements of section 

553 of title 5, United States Code. 

(e) CONTINUED AVAILABILITY OF EXISTING BALANCES.—The 

amendments made by this section shall not affect the availability 

of funds made available under section 44940(i) of title 49, United 

States Code, before the date of enactment of this Act. 

SEC. 602. TRANSPORTATION COST REIMBURSEMENT. 

(a) REPEAL.—Sections 55316 and 55317 of chapter 553 of title 

46, United States Code, are repealed. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of chapter 553 of title 46, United States Code, 

is amended by striking the items relating to section 55316 and 

55317. 

SEC. 603. STERILE AREAS AT AIRPORTS. 

Section 44903 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(n) PASSENGER EXIT POINTS FROM STERILE AREA.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security 

shall ensure that the Transportation Security Administration 

is responsible for monitoring passenger exit points from the 

sterile area of airports at which the Transportation Security 

Administration provided such monitoring as of December 1, 

2013. 

49 USC 44940 

note. 

Notice. 

Federal Register, 

publication. 

Effective date. 

49 USC 44940 

note. 

Effective date. 


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‘‘(2) STERILE AREA DEFINED.—In this section, the term 

‘sterile area’ has the meaning given that term in section 1540.5 

of title 49, Code of Federal Regulations (or any corresponding 

similar regulation or ruling).’’. 

TITLE VII—MISCELLANEOUS 

PROVISIONS 

SEC. 701. EXTENSION OF CUSTOMS USER FEES. 

Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— 

(1) in subparagraph (A), by striking ‘‘October 22, 2021’’ 

and inserting ‘‘September 30, 2023’’; and 

(2) in subparagraph (B)(i), by striking ‘‘October 29, 2021’’ 

and inserting ‘‘September 30, 2023’’. 

SEC. 702. LIMITATION ON ALLOWABLE GOVERNMENT CONTRACTOR 

COMPENSATION COSTS. 

(a) LIMITATION.— 

(1) CIVILIAN CONTRACTS.—Section 4304(a)(16) of title 41, 

United States Code, is amended to read as follows: 

‘‘(16) Costs of compensation of contractor and subcontractor 

employees for a fiscal year, regardless of the contract funding 

source, to the extent that such compensation exceeds $487,000 

per year, adjusted annually to reflect the change in the Employment Cost Index for all workers, as calculated by the Bureau 

of Labor Statistics, except that the head of an executive agency 

may establish one or more narrowly targeted exceptions for 

scientists, engineers, or other specialists upon a determination 

that such exceptions are needed to ensure that the executive 

agency has continued access to needed skills and capabilities.’’. 

(2) DEFENSE CONTRACTS.—Section 2324(e)(1)(P) of title 10, 

United States Code, is amended to read as follows: 

‘‘(P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation 

exceeds $487,000 per year, adjusted annually to reflect 

the change in the Employment Cost Index for all workers, 

as calculated by the Bureau of Labor Statistics, except 

that the head of an executive agency may establish one 

or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such 

exceptions are needed to ensure that the executive agency 

has continued access to needed skills and capabilities.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REPEAL.—Section 1127 of title 41, United States Code, 

is hereby repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 11 of title 41, United States Code, is 

amended by striking the item relating to section 1127. 

(c) APPLICABILITY.—This section and the amendments made 

by this section shall apply only with respect to costs of compensation 

incurred under contracts entered into on or after the date that 

is 180 days after the date of the enactment of this Act. 

(d) REPORTS.— 41 USC 4304 

note. 

Time period. 

10 USC 2324 

note. 

Determination. 


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127 STAT. 1190 PUBLIC LAW 113–67—DEC. 26, 2013 

(1) IN GENERAL.—Not later than 60 days after the end 

of each fiscal year, the Director of the Office of Management 

and Budget shall submit a report on contractor compensation 

to— 

(A) the Committee on Armed Services of the Senate; 

(B) the Committee on Armed Services of the House 

of Representatives; 

(C) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(D) the Committee on Oversight and Government 

Reform of the House of Representatives; 

(E) the Committee on Appropriations of the Senate; 

and 

(F) the Committee on Appropriations of the House 

of Representatives. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include— 

(A) the total number of contractor employees, by executive agency, in the narrowly targeted exception positions 

described under subsection (a) during the preceding fiscal 

year; 

(B) the taxpayer-funded compensation amounts 

received by each contractor employee in a narrowly targeted 

exception position during such fiscal year; and 

(C) the duties and services performed by contractor 

employees in the narrowly targeted exception positions 

during such fiscal year. 

(e) REVIEW.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense and the Director 

of the Office of Management and Budget shall report to Congress 

on alternative benchmarks and industry standards for compensation, including whether any such benchmarks or standards would 

provide a more appropriate measure of allowable compensation 

for the purposes of section 2324(e)(1)(P) of title 10, United States 

Code, and section 4304(a)(16) of title 41, United States Code, as 

amended by this Act. 

SEC. 703. PENSION BENEFIT GUARANTY CORPORATION PREMIUM 

RATE INCREASES. 

(a) FLAT-RATE PREMIUM INCREASES.—Section 4006(a)(3)(A)(i) 

of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1306(a)(3)(A)(i)) is amended— 

(1) in subclause (II), by striking ‘‘and’’ at the end; 

(2) in subclause (III), by inserting ‘‘and before January 

1, 2015,’’ after ‘‘December 31, 2013’’; and 

(3) by inserting after subclause (III) the following: 

‘‘(IV) for plan years beginning after December 31, 2014, 

and before January 1, 2016, $57; and 

‘‘(V) for plan years beginning after December 31, 2015, 

and before January 1, 2017, $64.’’. 

(b) FLAT-RATE PREMIUM RATE INDEXED TO WAGES.— 

(1) IN GENERAL.—Section 4006(a)(3) of such Act (29 U.S.C. 

1306(a)(3)) is amended— 

(A) by redesignating subparagraphs (G) through (J) 

as subparagraphs (H) through (K), respectively; and 

(B) by inserting after subparagraph (F) the following: 

Time periods. 

29 USC 1306 

note. 


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‘‘(G) For each plan year beginning in a calendar year after 

2016, there shall be substituted for the premium rate specified 

in clause (i) of subparagraph (A) an amount equal to the greater 

of— 

‘‘(i) the product derived by multiplying the premium rate 

specified in clause (i) of subparagraph (A) by the ratio of— 

‘‘(I) the national average wage index (as defined in 

section 209(k)(1) of the Social Security Act) for the first 

of the 2 calendar years preceding the calendar year in 

which such plan year begins, to 

‘‘(II) the national average wage index (as so defined) 

for 2014; and 

‘‘(ii) the premium rate in effect under clause (i) of subparagraph (A) for plan years beginning in the preceding calendar 

year. 

If the amount determined under this subparagraph is not a multiple 

of $1, such product shall be rounded to the nearest multiple of 

$1.’’. 

(2) CONFORMING AMENDMENTS.—Section 4006(a)(3)(F) of 

such Act (29 U.S.C. 1306(a)(3)(F)) is amended— 

(A) in the matter before clause (i), by inserting ‘‘and 

before 2013’’ after ‘‘after 2006’’; and 

(B) in the flush text following clause (ii), by striking 

the second sentence. 

(c) VARIABLE RATE PREMIUM INCREASES.— 

(1) IN GENERAL.—Section 4006(a)(8)(C) of such Act (29 

U.S.C. 1306(a)(8)(C)) is amended— 

(A) in clause (i), by striking ‘‘and’’ at the end; 

(B) in clause (ii), by striking ‘‘$5.’’ and inserting ‘‘$10; 

and’’; and 

(C) by adding at the end the following: 

‘‘(iii) in the case of plan years beginning in calendar 

year 2016, by $5.’’. 

(2) CONFORMING AMENDMENTS.—Section 4006(a)(8) of such 

Act (29 U.S.C. 1306(a)(8)) is amended— 

(A) in subparagraph (A)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

(ii) in clause (iii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iv) for plan years beginning after calendar year 

2016, the amount in effect for plan years beginning 

in 2016 (determined after application of subparagraph 

(C)).’’; and 

(B) in subparagraph (D)— 

(i) in clause (ii), by striking ‘‘and’’ at the end; 

(ii) in clause (iii), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iv) 2014, in the case of plan years beginning 

after calendar year 2016.’’. 

(d) INCREASE IN VARIABLE RATE PREMIUM CAP.— 

(1) IN GENERAL.—Section 4006(a)(3)(E)(i) of such Act (29 

U.S.C. 1306(a)(3)(E)(i)) is amended— 

(A) in subclause (I), by striking ‘‘and’’ at the end; 

(B) in subclause (II)— 


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127 STAT. 1192 PUBLIC LAW 113–67—DEC. 26, 2013 

(i) by inserting ‘‘and before 2016’’ after ‘‘2012’’; 

and 

(ii) by striking the period at the end and inserting 

‘‘and’’; and 

(C) by adding at the end the following: 

‘‘(III) in the case of plan years beginning in a calendar 

year after 2015, shall not exceed $500.’’. 

(2) INDEX TO WAGES.—Section 4006(a)(3) of such Act (29 

U.S.C. 1306(a)(3)) is amended— 

(A) in subparagraph (K) (as redesignated by subsection 

(b)(1)(A)), by inserting ‘‘and before 2016’’ after ‘‘2013’’; and 

(B) by inserting at the end the following: 

‘‘(L) For each plan year beginning in a calendar year after 

2016, there shall be substituted for the dollar amount specified 

in subclause (III) of subparagraph (E)(i) an amount equal to the 

greater of— 

‘‘(i) the product derived by multiplying such dollar amount 

by the ratio of— 

‘‘(I) the national average wage index (as defined in 

section 209(k)(1) of the Social Security Act) for the first 

of the 2 calendar years preceding the calendar year in 

which such plan year begins, to 

‘‘(II) the national average wage index (as so defined) 

for 2014; and 

‘‘(ii) such dollar amount for plan years beginning in the 

preceding calendar year. 

If the amount determined under this subparagraph is not a multiple 

of $1, such product shall be rounded to the nearest multiple of 

$1.’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply to plan years beginning after December 31, 2013. 

SEC. 704. CANCELLATION OF UNOBLIGATED BALANCES. 

(a) DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.—Effective on the date of enactment of this Act, of the unobligated balances 

available under the Department of Justice Assets Forfeiture Fund, 

$693,000,000 are permanently cancelled. 

(b) TREASURY FORFEITURE FUND.—Effective on the date of 

enactment of this Act, of the unobligated balances available under 

the Department of the Treasury Forfeiture Fund, $867,000,000, 

are permanently cancelled. 

SEC. 705. CONSERVATION PLANNING TECHNICAL ASSISTANCE USER 

FEES. 

(a) USER FEES AUTHORIZED.—Section 3 of the Soil Conservation 

and Domestic Allotment Act (16 U.S.C. 590c) is amended— 

(1) by striking ‘‘require—’’ and inserting ‘‘require the following:’’; 

(2) in paragraph (1), by striking the semicolon at the end 

and inserting a period; 

(3) in paragraph (2), by striking ‘‘; and’’ at the end and 

inserting a period; and 

(4) by adding at the end the following: 

‘‘(4)(A) The payment of user fees for conservation planning 

technical assistance if the Secretary determines that the fees, subject to subparagraph (B), are— 

‘‘(i) reasonable and appropriate; 

Determination. 

Effective date. 

Effective date. 

Effective date. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1193 

‘‘(ii) assessed for conservation planning technical assistance 

resulting in the development of a conservation plan; and 

‘‘(iii) assessed based on the size of the land or the complexity of the resource issues involved. 

‘‘(B) Fees under subparagraph (A) may not exceed $150 per 

conservation plan for which technical assistance is provided. 

‘‘(C) The Secretary may waive fees otherwise required under 

subparagraph (A) in the case of conservation planning technical 

assistance provided— 

‘‘(i) to beginning farmers or ranchers (as defined in section 

343(a) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1991(a)); 

‘‘(ii) to limited resource farmers or ranchers (as defined 

by the Secretary); 

‘‘(iii) to socially disadvantaged farmers or ranchers (as 

defined in section 355(e) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2003(e)); 

‘‘(iv) to qualify for an exemption from ineligibility under 

section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812); 

or 

‘‘(v) to comply with Federal, State, or local regulatory 

requirements.’’. 

(b) CONSERVATION TECHNICAL ASSISTANCE FUND.—Section 6 

of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 

590f) is amended— 

(1) by striking ‘‘SEC. 6.’’ and all that follows through ‘‘There 

are hereby authorized’’ and inserting the following: 

‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS AND CONSERVATION 

TECHNICAL ASSISTANCE FUNDS. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized’’; 

and 

(2) by adding at the end the following: 

‘‘(b) CONSERVATION TECHNICAL ASSISTANCE FUND.— ‘‘(1) IN GENERAL.—There is established in the Treasury 

of the United States a fund to be known as the ‘Conservation 

Technical Assistance Fund’ (referred to in this subsection as 

the ‘Fund’), to be administered by the Secretary of Agriculture. 

‘‘(2) DEPOSITS.—An amount equal to the amounts collected 

as fees under section 3(4) and late payments, interest, and 

such other amounts as are authorized to be collected pursuant 

to section 3717 of title 31, United States Code, shall be deposited in the Fund. 

‘‘(3) AVAILABILITY.—Amounts in the Fund shall— 

‘‘(A) only be available to the extent and in the amount 

provided in advance in appropriations Acts; 

‘‘(B) be used for the costs of carrying out this Act; 

and 

‘‘(C) remain available until expended.’’. 

SEC. 706. SELF PLUS ONE COVERAGE. 

(a) ELECTION OF COVERAGE.—Section 8905 of title 5, United 

States Code, is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) An employee may enroll in an approved health benefits 

plan described in section 8903 or 8903a— 

‘‘(1) as an individual; 

‘‘(2) for self plus one; or 

Waiver. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
127 STAT. 1194 PUBLIC LAW 113–67—DEC. 26, 2013 

‘‘(3) for self and family.’’; 

(2) in subsection (c)— 

(A) in paragraph (1), in the matter following subparagraph (B), by inserting ‘‘for self plus one or’’ before ‘‘self 

and family as provided in paragraph (2) of this subsection’’; 

and 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘for self plus one or’’ before ‘‘for self and 

family’’; and 

(ii) in subparagraph (B), by inserting ‘‘(or, in the 

case of self plus one coverage, not more than 1 such 

child)’’ after ‘‘adopted children’’; 

(3) in subsection (e), by striking ‘‘or each spouse may enroll 

as an individual’’ and inserting ‘‘or for a self plus one enrollment 

that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover 

the other spouse or a child who is covered under the enrollment 

of the other spouse’’; and 

(4) in subsection (h)— 

(A) by striking ‘‘self and family enrollment’’ each place 

it appears and inserting ‘‘self plus one or self and family 

enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,’’; 

(B) by striking ‘‘a child’’ each place it appears and 

inserting ‘‘1 or more children’’; 

(C) by striking ‘‘the child resides’’ each place it appears 

and inserting ‘‘the child or children reside’’; 

(D) in paragraph (1), by striking ‘‘self and family coverage’’ each place it appears and inserting ‘‘self plus one 

or self and family coverage, as necessary to provide health 

insurance coverage for each child who is covered under 

the order,’’; and 

(E) in paragraph (3), by striking ‘‘the child continues’’ 

and inserting ‘‘the child or children continue’’. 

(b) CONTINUED COVERAGE.—Section 8905a of title 5, United 

States Code, is amended— 

(1) in subsection (d)(3)(A), by inserting ‘‘for self plus one 

or’’ before ‘‘for self and family’’; and 

(2) in subsection (f)(3)(A), by striking ‘‘for self and family 

based on such person’s separation from service’’ and inserting 

‘‘based on such person’s separation from service under a self 

plus one enrollment that covered the individual or under a 

self and family enrollment’’. 

(c) CONTRIBUTIONS.—Section 8906(a)(1) of title 5, United States 

Code is amended— 

(1) in subparagraph (A), by striking at the end ‘‘and’’; 

(2) by redesignating subparagraph (B) as subparagraph 

(C); and 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) enrollments under this chapter for self plus one; and’’. 

(d) WEIGHTED AVERAGE FOR FIRST YEAR.—For the first contract 

year for which an employee may enroll for self plus one coverage 

under chapter 89 of title 5, United States Code, the Office of 

Personnel Management shall determine the weighted average of 

the subscription charges that will be in effect for the contract 

Determination. 

5 USC 8905 note. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1195 

year for enrollments for self plus one under such chapter based 

on an actuarial analysis. 

DIVISION B—MEDICARE AND OTHER 

HEALTH PROVISIONS 

SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Pathway 

for SGR Reform Act of 2013’’. 

(b) TABLE OF CONTENTS.—The table of contents of this division 

is as follows: 

DIVISION B—MEDICARE AND OTHER HEALTH PROVISIONS 

Sec. 1001. Short title; table of contents. 

Sec. 1002. Findings; purpose statement. 

TITLE I—MEDICARE EXTENDERS 

Sec. 1101. Physician payment update. 

Sec. 1102. Extension of work GPCI floor. 

Sec. 1103. Extension of therapy cap exceptions process. 

Sec. 1104. Extension of ambulance add-ons. 

Sec. 1105. Medicare inpatient hospital payment adjustment for low-volume hospitals. 

Sec. 1106. Medicare-dependent hospital (MDH) program. 

Sec. 1107. 1-year extension of authorization for special needs plans. 

Sec. 1108. 1-year extension of Medicare reasonable cost contracts. 

Sec. 1109. Extension of existing funding for contract with consensus-based entity. 

Sec. 1110. Extension of funding outreach and assistance for low-income programs. 

TITLE II—OTHER HEALTH PROVISIONS 

Sec. 1201. Extension of the qualifying individual (QI) program. 

Sec. 1202. Temporary extension of transitional medical assistance (TMA). 

Sec. 1203. Extension of funding for family-to-family health information centers. 

Sec. 1204. Delay of reductions to Medicaid DSH allotments. 

Sec. 1205. Realignment of the Medicare sequester for fiscal year 2023. 

Sec. 1206. Payment for inpatient services in long-term care hospitals (LTCHs). 

SEC. 1002. FINDINGS; PURPOSE STATEMENT. 

In order to support the provision of quality care for our nation’s 

seniors, Congress finds it appropriate to reform physician 

reimbursements under the Medicare program. SGR reform legislation provides such an opportunity, but not until next year. In 

order to facilitate such reform, Congress finds that the Centers 

for Medicare & Medicaid Services should continue to focus its 

efforts on the following areas: 

(1) SIMPLIFY AND REDUCE ADMINISTRATIVE BURDEN ON

PHYSICIANS.—The application and assessment of measures and 

other activities under SGR reform should be facilitated by 

the Centers for Medicare and Medicaid Services (CMS) in a 

way that accounts for the administrative burden such measurement places on physicians. Therefore, the Congress encourages 

CMS to identify and implement, to the extent practicable, 

mechanisms to ensure that the application and assessment 

of measures be coordinated across programs. 

(2) TIMELY FEEDBACK FOR PHYSICIANS.—In order for 

measure and assessment programs to encourage the highest 

quality care for Medicare seniors, the Congress finds it critical 

that CMS provide physicians with feedback on performance 

in as close to real time as possible. Such timely feedback 

will ensure that physicians can excel under a system of meaningful measurement. 

42 USC 1395w–4 

note. 

42 USC 1305 

note. 

Pathway for SGR 

Reform Act of 

2013. 


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127 STAT. 1196 PUBLIC LAW 113–67—DEC. 26, 2013 

(3) ENCOURAGE DEVELOPMENT OF NEW MODELS.—There is 

great need to test alternatives to Fee-For-Service reimbursement in the Medicare program. One option is the promotion 

and adoption of new models of care for physicians. To date, 

there has been significant development and testing of models 

for primary care. Congress supports these efforts and encourages them to continue in the future. Congress also encourages 

the development and testing of models of specialty care. 

TITLE I—MEDICARE EXTENDERS 

SEC. 1101. PHYSICIAN PAYMENT UPDATE. 

Section 1848(d) of the Social Security Act (42 U.S.C. 10 1395w– 

4(d)) is amended by adding at the end the following new paragraph: 

‘‘(15) UPDATE FOR JANUARY THROUGH MARCH OF 2014.— 

‘‘(A) IN GENERAL.—Subject to paragraphs (7)(B), (8)(B), 

(9)(B), (10)(B), (11)(B), (12)(B), (13)(B), and (14)(B), in lieu 

of the update to the single conversion factor established 

in paragraph (1)(C) that would otherwise apply for 2014 

for the period beginning on January 1, 2014, and ending 

on March 31, 2014, the update to the single conversion 

factor shall be 0.5 percent. 

‘‘(B) NO EFFECT ON COMPUTATION OF CONVERSION

FACTOR FOR REMAINING PORTION OF 2014 AND SUBSEQUENT

YEARS.—The conversion factor under this subsection shall 

be computed under paragraph (1)(A) for the period beginning on April 1, 2014, and ending on December 31, 2014, 

and for 2015 and subsequent years as if subparagraph 

(A) had never applied.’’. 

SEC. 1102. EXTENSION OF WORK GPCI FLOOR. 

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 

1395w–4(e)(1)(E)) is amended by striking ‘‘January 1, 2014’’ and 

inserting ‘‘April 1, 2014’’. 

SEC. 1103. EXTENSION OF THERAPY CAP EXCEPTIONS PROCESS. 

Section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) 

is amended— 

(1) in paragraph (5)(A), in the first sentence, by striking 

‘‘December 31, 2013’’ and inserting ‘‘March 31, 2014’’; and 

(2) in paragraph (6)(A)— 

(A) by striking ‘‘December 31, 2013’’ and inserting 

‘‘March 31, 2014’’; and 

(B) by striking ‘‘or 2013’’ and inserting ‘‘, 2013, or 

the first three months of 2014’’. 

SEC. 1104. EXTENSION OF AMBULANCE ADD-ONS. 

(a) GROUND AMBULANCE.—Section 1834(l)(13)(A) of the Social 

Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended— 

(1) in the matter preceding clause (i), by striking ‘‘January 

1, 2014’’ and inserting ‘‘April 1, 2014’’; and 

(2) in each of clauses (i) and (ii), by striking ‘‘January 

1, 2014’’ and inserting ‘‘April 1, 2014’’ each place it appears. 

(b) SUPER RURAL GROUND AMBULANCE.—Section 1834(l)(12)(A) 

of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended 

by striking ‘‘January 1, 2014’’ and inserting ‘‘April 1, 2014’’. 

Time periods. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1197 

SEC. 1105. MEDICARE INPATIENT HOSPITAL PAYMENT ADJUSTMENT 

FOR LOW-VOLUME HOSPITALS. 

Section 1886(d)(12) of the Social Security Act (42 U.S.C. 

1395ww(d)(12)) is amended— 

(1) in subparagraph (B), in the matter preceding clause 

(i), by striking ‘‘fiscal year 2014 and subsequent fiscal years’’ 

and inserting ‘‘the portion of fiscal year 2014 beginning on 

April 1, 2014, fiscal year 2015, and subsequent fiscal years’’; 

(2) in subparagraph (C)(i)— 

(A) by inserting ‘‘and the portion of fiscal year 2014 

before’’ after ‘‘and 2013,’’ each place it appears; and 

(B) by inserting ‘‘or portion of fiscal year’’ after ‘‘during 

the fiscal year’’; and 

(3) in subparagraph (D)— 

(A) by inserting ‘‘and the portion of fiscal year 2014 

before April 1, 2014,’’ after ‘‘and 2013,’’; and 

(B) by inserting ‘‘or the portion of fiscal year’’ after 

‘‘in the fiscal year’’. 

SEC. 1106. MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. 

(a) IN GENERAL.—Section 1886(d)(5)(G) of the Social Security 

Act (42 U.S.C. 1395ww(d)(5)(G)) is amended— 

(1) in clause (i), by striking ‘‘October 1, 2013’’ and inserting 

‘‘April 1, 2014’’; and 

(2) in clause (ii)(II), by striking ‘‘October 1, 2013’’ and 

inserting ‘‘April 1, 2014’’. 

(b) CONFORMING AMENDMENTS.— 

(1) EXTENSION OF TARGET AMOUNT.—Section 1886(b)(3)(D) 

of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is 

amended— 

(A) in the matter preceding clause (i), by striking 

‘‘October 1, 2013’’ and inserting ‘‘April 1, 2014’’; and 

(B) in clause (iv), by inserting ‘‘and the portion of 

fiscal year 2014 before April 1, 2014’’ after ‘‘through fiscal 

year 2013’’. 

(2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.— 

Section 13501(e)(2) of the Omnibus Budget Reconciliation Act 

of 1993 (42 U.S.C. 1395ww note) is amended by striking 

‘‘through fiscal year 2013’’ and inserting ‘‘through the first 

2 quarters of fiscal year 2014’’. 

SEC. 1107. 1-YEAR EXTENSION OF AUTHORIZATION FOR SPECIAL 

NEEDS PLANS. 

Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w– 

28(f)(1)) is amended by striking ‘‘2015’’ and inserting ‘‘2016’’. 

SEC. 1108. 1-YEAR EXTENSION OF MEDICARE REASONABLE COST CONTRACTS. 

Section 1876(h)(5)(C)(ii) of the Social Security Act (42 U.S.C. 

1395mm(h)(5)(C)(ii)) is amended, in the matter preceding subclause 

(I), by striking ‘‘January 1, 2014’’ and inserting ‘‘January 1, 2015’’. 

SEC. 1109. EXTENSION OF EXISTING FUNDING FOR CONTRACT WITH 

CONSENSUS-BASED ENTITY. 

Section 1890(d) of the Social Security Act (42 U.S.C. 1395aaa(d)) 

is amended by adding at the end the following new sentence: 

‘‘Amounts transferred under the preceding sentence shall remain 

available until expended.’’. 


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127 STAT. 1198 PUBLIC LAW 113–67—DEC. 26, 2013 

SEC. 1110. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR 

LOW-INCOME PROGRAMS. 

(a) ADDITIONAL FUNDING FOR STATE HEALTH INSURANCE PRO- GRAMS.—Subsection (a)(1)(B) of section 119 of the Medicare 

Improvements for Patients and Providers Act of 2008 (42 U.S.C. 

1395b–3 note), as amended by section 3306 of the Patient Protection 

and Affordable Care Act Public Law 111–148) and section 610 

of the American Taxpayer Relief Act of 2012 (Public Law 112– 

240), is amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) in clause (iii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after clause (iii) the following new clause: 

‘‘(iv) for the portion of fiscal year 2014 before April 1, 2014, of $3,750,000.’’. 

(b) ADDITIONAL FUNDING FOR AREA AGENCIES ON AGING.— Subsection (b)(1)(B) of such section 119, as so amended, is 

amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) in clause (iii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after clause (iii) the following new clause: 

‘‘(iv) for the portion of fiscal year 2014 before April 1, 2014, of $3,750,000.’’. 

(c) ADDITIONAL FUNDING FOR AGING AND DISABILITY RESOURCE

CENTERS.—Subsection (c)(1)(B) of such section 119, as so amended, 

is amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) in clause (iii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after clause (iii) the following new clause: 

‘‘(iv) for the portion of fiscal year 2014 before April 

1, 2014, of $2,500,000.’’. 

(d) ADDITIONAL FUNDING FOR CONTRACT WITH THE NATIONAL

CENTER FOR BENEFITS AND OUTREACH ENROLLMENT.—Subsection 

(d)(2) of such section 119, as so amended, is amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) in clause (iii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by inserting after clause (iii) the following new clause: 

‘‘(iv) for the portion of fiscal year 2014 before April 

1, 2014, of $2,500,000.’’. 

TITLE II—OTHER HEALTH PROVISIONS 

SEC. 1201. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) PROGRAM. 

(a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the Social Security 

Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking 

‘‘December 2013’’ and inserting ‘‘March 2014’’. 

(b) EXTENDING TOTAL AMOUNT AVAILABLE FOR ALLOCATION.— 

Section 1933(g) of the Social Security Act (42 U.S.C. 1396u–3(g)) 

is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (S), by striking ‘‘and’’ after the 

semicolon; 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1199 

(B) in subparagraph (T), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(U) for the period that begins on January 1, 2014, 

and ends on March 31, 2014, the total allocation amount 

is $200,000,000.’’. 

SEC. 1202. TEMPORARY EXTENSION OF TRANSITIONAL MEDICAL 

ASSISTANCE (TMA). 

Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act 

(42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are each amended by striking 

‘‘December 31, 2013’’ and inserting ‘‘March 31, 2014’’. 

SEC. 1203. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH 

INFORMATION CENTERS. 

Section 501(c)(1)(A) of the Social Security Act (42 U.S.C. 

701(c)(1)(A)) is amended— 

(1) in clause (ii), by striking at the end ‘‘and’’; 

(2) in clause (iii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following new clause: 

‘‘(iv) $2,500,000 for the portion of fiscal year 2014 

before April 1, 2014.’’. 

SEC. 1204. DELAY OF REDUCTIONS TO MEDICAID DSH ALLOTMENTS. 

(a) IN GENERAL.—Section 1923(f) of the Social Security Act 

(42 U.S.C. 1396r–4(f)) is amended— 

(1) in paragraph (7)(A)— 

(A) in clause (i), by striking ‘‘2014’’ and inserting 

‘‘2016’’; and 

(B) in clause (ii)— 

(i) by striking subclauses (I) and (II); 

(ii) by redesignating subclauses (III) through (VII) 

as subclauses (I) through (V), respectively; and 

(iii) in subclause (I) (as redesignated by clause 

(ii)), by striking ‘‘$600,000,000’’ and inserting 

‘‘$1,200,000,000’’; and 

(2) in paragraph (8)— 

(A) by redesignating subparagraph (C) as subparagraph (D); 

(B) by inserting after subparagraph (B) the following 

new subparagraph: 

‘‘(C) FISCAL YEAR 2023.—Only with respect to fiscal 

year 2023, the DSH allotment for a State, in lieu of the 

amount determined under paragraph (3) for the State for 

that year, shall be equal to the DSH allotment for the 

State for fiscal year 2022, as determined under subparagraph (B), increased, subject to subparagraphs (B) and 

(C) of paragraph (3), and paragraph (5), by the percentage 

change in the consumer price index for all urban consumers 

(all items; U.S. city average), for fiscal year 2022.’’; and 

(C) in subparagraph (D) (as redesignated by subparagraph (A)), by striking ‘‘fiscal year 2022’’ and inserting 

‘‘fiscal year 2023’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall be effective as of October 1, 2013. 

42 USC 1396r–4 

note. 

Time period. 


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127 STAT. 1200 PUBLIC LAW 113–67—DEC. 26, 2013 

SEC. 1205. REALIGNMENT OF THE MEDICARE SEQUESTER FOR FISCAL 

YEAR 2023. 

Paragraph (6) (relating to implementing direct spending reductions, as redesignated by section 101(d)(2)(C), and as amended 

by section 101(c), of the Bipartisan Budget Act of 2013) of section 

251A of the Balanced Budget and Emergency Deficit Control Act 

of 1985 (2 U.S.C. 901a) is amended by adding at the end the 

following new subparagraph: 

‘‘(C) Notwithstanding the 2 percent limit specified in 

subparagraph (A) for payments for the Medicare programs 

specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2023 shall be 

applied to such payments so that— 

‘‘(i) with respect to the first 6 months in which such 

order is effective for such fiscal year, the payment reduction 

shall be 2.90 percent; and 

‘‘(ii) with respect to the second 6 months in which 

such order is so effective for such fiscal year, the payment 

reduction shall be 1.11 percent.’’. 

SEC. 1206. PAYMENT FOR INPATIENT SERVICES IN LONG-TERM CARE 

HOSPITALS (LTCHS). 

(a) ESTABLISHMENT OF CRITERIA FOR APPLICATION OF SITE NEUTRAL PAYMENT.— 

(1) IN GENERAL.—Section 1886(m) of the Social Security 

Act (42 U.S.C. 1395ww(m)) is amended by adding at the end 

the following: 

‘‘(6) APPLICATION OF SITE NEUTRAL IPPS PAYMENT RATE IN

CERTAIN CASES.— 

‘‘(A) GENERAL APPLICATION OF SITE NEUTRAL IPPS PAYMENT AMOUNT FOR DISCHARGES FAILING TO MEET

APPLICABLE CRITERIA.— 

‘‘(i) IN GENERAL.—For a discharge in cost reporting 

periods beginning on or after October 1, 2015, except 

as provided in clause (ii) and subparagraph (C), payment under this title to a long-term care hospital for 

inpatient hospital services shall be made at the 

applicable site neutral payment rate (as defined in 

subparagraph (B)). 

‘‘(ii) EXCEPTION FOR CERTAIN DISCHARGES MEETING

CRITERIA.—Clause (i) shall not apply (and payment 

shall be made to a long-term care hospital without 

regard to this paragraph) for a discharge if— 

‘‘(I) the discharge meets the ICU criterion 

under clause (iii) or the ventilator criterion under 

clause (iv); and 

‘‘(II) the discharge does not have a principal 

diagnosis relating to a psychiatric diagnosis or to 

rehabilitation. 

‘‘(iii) INTENSIVE CARE UNIT (ICU) CRITERION.— 

‘‘(I) IN GENERAL.—The criterion specified in 

this clause (in this paragraph referred to as the 

‘ICU criterion’), for a discharge from a long-term 

care hospital, is that the stay in the long-term 

care hospital ending with such discharge was 

immediately preceded by a discharge from a stay 

in a subsection (d) hospital that included at least 

Determination. 

Applicability. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1201 

3 days in an intensive care unit (ICU), as determined by the Secretary. 

‘‘(II) DETERMINING ICU DAYS.—In determining 

intensive care unit days under subclause (I), the 

Secretary shall use data from revenue center codes 

020x or 021x (or such successor codes as the Secretary may establish). 

‘‘(iv) VENTILATOR CRITERION.—The criterion specified in this clause (in this paragraph referred to as 

the ‘ventilator criterion’), for a discharge from a longterm care hospital, is that— 

‘‘(I) the stay in the long-term care hospital 

ending with such discharge was immediately preceded by a discharge from a stay in a subsection 

(d) hospital; and 

‘‘(II) the individual discharged was assigned 

to a Medicare-Severity-Long-Term-Care-DiagnosisRelated-Group (MS–LTC–DRG) based on the 

receipt of ventilator services of at least 96 hours. 

‘‘(B) APPLICABLE SITE NEUTRAL PAYMENT RATE

DEFINED.— 

‘‘(i) IN GENERAL.—In this paragraph, the term 

‘applicable site neutral payment rate’ means— 

‘‘(I) for discharges in cost reporting periods 

beginning during fiscal year 2016 or fiscal year 

2017, the blended payment rate specified in clause 

(iii); and 

‘‘(II) for discharges in cost reporting periods 

beginning during fiscal year 2018 or a subsequent 

fiscal year, the site neutral payment rate (as 

defined in clause (ii)). 

‘‘(ii) SITE NEUTRAL PAYMENT RATE DEFINED.—In 

this paragraph, the term ‘site neutral payment rate’ 

means the lower of— 

‘‘(I) the IPPS comparable per diem amount 

determined under paragraph (d)(4) of section 

412.529 of title 42, Code of Federal Regulations, 

including any applicable outlier payments under 

section 412.525 of such title; or 

‘‘(II) 100 percent of the estimated cost for the 

services involved. 

‘‘(iii) BLENDED PAYMENT RATE.—The blended payment rate specified in this clause, for a long-term care 

hospital for inpatient hospital services for a discharge, 

is comprised of— 

‘‘(I) half of the site neutral payment rate (as 

defined in clause (ii)) for the discharge; and 

‘‘(II) half of the payment rate that would otherwise be applicable to such discharge without 

regard to this paragraph, as determined by the 

Secretary. 

‘‘(C) LIMITING PAYMENT FOR ALL HOSPITAL DISCHARGES

TO SITE NEUTRAL PAYMENT RATE FOR HOSPITALS FAILING

TO MEET APPLICABLE LTCH DISCHARGE THRESHOLDS.— 

‘‘(i) NOTICE OF LTCH DISCHARGE PAYMENT PERCENT- AGE.—For cost reporting periods beginning during or 

after fiscal year 2016, the Secretary shall inform each 

Time period. 


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127 STAT. 1202 PUBLIC LAW 113–67—DEC. 26, 2013 

long-term care hospital of its LTCH discharge payment 

percentage (as defined in clause (iv)) for such period. 

‘‘(ii) LIMITATION.—For cost reporting periods beginning during or after fiscal year 2020, if the Secretary 

determines for a long-term care hospital that its LTCH 

discharge payment percentage for the period is not 

at least 50 percent— 

‘‘(I) the Secretary shall inform the hospital 

of such fact; and 

‘‘(II) subject to clause (iii), for all discharges 

in the hospital in each succeeding cost reporting 

period, the payment amount under this subsection 

shall be the payment amount that would apply 

under subsection (d) for the discharge if the hospital were a subsection (d) hospital. 

‘‘(iii) PROCESS FOR REINSTATEMENT.—The Secretary 

shall establish a process whereby a long-term care 

hospital may seek to and have the provisions of subclause (II) of clause (ii) discontinued with respect to 

that hospital. 

‘‘(iv) LTCH DISCHARGE PAYMENT PERCENTAGE.—In 

this subparagraph, the term ‘LTCH discharge payment 

percentage’ means, with respect to a long-term care 

hospital for a cost reporting period beginning during 

or after fiscal year 2020, the ratio (expressed as a 

percentage) of— 

‘‘(I) the number of discharges for such hospital 

and period for which payment is not made at the 

site neutral payment rate, to 

‘‘(II) the total number of discharges for such 

hospital and period. 

‘‘(D) INCLUSION OF SUBSECTION (D) PUERTO RICO HOSPITALS.—In this paragraph, any reference in this paragraph 

to a subsection (d) hospital shall be deemed to include 

a reference to a subsection (d) Puerto Rico hospital.’’. 

(2) MEDPAC STUDY AND REPORT ON IMPACT OF CHANGES.— 

(A) STUDY.—The Medicare Payment Assessment 

Commission shall examine the effect of applying section 

1886(m)(6) of the Social Security Act, as added by the 

amendment made by paragraph (1), on— 

(i) the quality of patient care in long-term care 

hospitals; 

(ii) the use of hospice care and post-acute care 

settings; 

(iii) different types of long-term care hospitals; and 

(iv) the growth in Medicare spending for services 

in such hospitals. 

(B) REPORT.—Not later than June 30, 2019, the 

Commission shall submit to Congress a report on such 

study. The Commission shall include in such report such 

recommendations for changes in the application of such 

section as the Commission deems appropriate as well as 

the impact of the application of such section on the need 

to continue applying the 25 percent rule described under 

sections 412.534 and 412.536 of title 42, Code of Federal 

Regulations. 

Recommendations. 

Definition. 

Notification. 

Time periods. 


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PUBLIC LAW 113–67—DEC. 26, 2013 127 STAT. 1203 

(3) CALCULATION OF LENGTH OF STAY EXCLUDING CASES

PAID ON A SITE NEUTRAL BASIS.— 

(A) IN GENERAL.—For discharges occurring in cost 

reporting periods beginning on or after October 1, 2015, 

subject to subparagraph (B), in calculating the length of 

stay requirement applicable to a long-term care hospital 

or satellite facility under section 1886(d)(1)(B)(iv)(I) of the 

Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)(I)) and 

section 1861(ccc)(2) of such Act (42 U.S.C. 1395x(ccc)(2)), 

the Secretary of Health and Human Services shall exclude 

the following: 

(i) SITE NEUTRAL PAYMENT.—Any patient for whom 

payment is made at the site neutral payment rate 

(as defined in section 1886(m)(6)(B)(ii)) of such Act, 

as added by paragraph (1)). 

(ii) MEDICARE ADVANTAGE.—Any patient for whom 

payment is made under a Medicare Advantage plan 

under part C of title XVIII of such Act. 

(B) LIMITATION ON CONVERTING SUBSECTION (D) HOSPITALS.—Subparagraph (A) shall not apply to a hospital 

that is classified as of December 10, 2013, as a subsection 

(d) hospital (as defined in section 1886(d)(1)(B) of the Social 

Security Act, 42 U.S.C. 1395ww(d)(1)(B)) for purposes of 

determining whether the requirements of section 

1886(d)(1)(B)(iv)(I) or 1861(ccc)(2) of such Act (42 U.S.C. 

1395ww(d)(1)(B)(iv)(I), 1395x(ccc)(2)) are met. 

(b) EXTENSION OF CERTAIN LTCH PAYMENT RULES AND MORATORIUM ON THE ESTABLISHMENT OF CERTAIN HOSPITALS AND FACILITIES.— 

(1) EXTENSION OF CERTAIN PAYMENT RULES.— 

(A) PAYMENT FOR HOSPITALS-WITHIN-HOSPITALS.—Paragraph (2)(C) of section 114(c) of the Medicare, Medicaid, 

and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), 

as amended by sections 3106(a) and 10312(a) of Public 

Law 111–148, is amended by striking ‘‘5-year period’’ and 

inserting ‘‘9-year period’’. 

(B) 25 PERCENT PATIENT THRESHOLD PAYMENT ADJUSTMENT; MAKING THE GRANDFATHERED EXEMPTION FOR LONGTERM CARE HOSPITALS PERMANENT.—Section 114(c)(1) of the 

Medicare, Medicaid, and SCHIP Extension Act of 2007 

(42 U.S.C. 1395ww note), as amended by sections 3106(a) 

and 10312(a) of Public Law 111–148, is amended— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘for a 5-year period’’; and 

(ii) in subparagraph (A), by inserting ‘‘for a 9- 

year period,’’ before ‘‘section 412.536’’. 

(C) REPORT ASSESSING CONTINUED SUSPENSION OF 25

PERCENT RULE.—Not later than 1 year before the end of 

the 9-year period referred to in section 114(c)(1) of the 

Medicare, Medicaid, and SCHIP Extension Act of 2007 

(42 U.S.C. 1395ww note), as amended by subparagraph 

(B), the Secretary of Health and Human Services shall 

submit to Congress a report on the need for any further 

extensions (or modifications of the extensions) of the 25 

percent rule described in sections 412.534 and 412.536 

of title 42, Code of Federal Regulations, particularly taking 

Time periods. 

42 USC 1395ww 

note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
127 STAT. 1204 PUBLIC LAW 113–67—DEC. 26, 2013 

LEGISLATIVE HISTORY—H.J. Res. 59: 

CONGRESSIONAL RECORD, Vol. 159 (2013): 

Sept. 20, considered and passed House. 

Sept. 24–27, considered and passed Senate, amended. 

Sept. 28, House concurred in Senate amendment with amendments. 

Sept. 30, Senate disagreed to House amendments. House receded from its 

amendments and concurred in Senate amendment with another amendment. Senate disagreed to House amendment. 

Dec. 12, House receded and concurred in Senate amendment with an amendment. 

Dec. 15, 17, 18, Senate considered and concurred in House amendment. 

Æ 

into account the application of section 1886(m)(6) of the 

Social Security Act, as added by subsection (a)(1). 

(2) EXTENSION OF MORATORIUM ON ESTABLISHMENT OF AND

INCREASE IN BEDS FOR LTCHS.—Section 114(d) of the Medicare, 

Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww 

note), as amended by sections 3106(b) and 10312(b) of Public 

Law 111–148, is amended— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after ‘‘5-year period’’ the following: 

‘‘(and for the period beginning January 1, 2015, and ending 

September 30, 2017)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(6) LIMITATION ON APPLICATION OF EXCEPTIONS.—Paragraphs (2) and (3) shall not apply during the period beginning 

January 1, 2015, and ending September 30, 2017.’’. 

(c) ADDITIONAL QUALITY MEASURE.—Section 1886(m)(5)(D) of 

the Social Security Act (42 U.S.C. 1395ww(m)(5)(D)) is amended 

by adding at the end the following new clause: 

‘‘(iv) ADDITIONAL QUALITY MEASURES.—Not later 

than October 1, 2015, the Secretary shall establish 

a functional status quality measure for change in 

mobility among inpatients requiring ventilator support.’’. 

(d) REVIEW OF TREATMENT OF CERTAIN LTCHS.— 

(1) EVALUATION.—As part of the annual rulemaking for 

fiscal year 2015 or fiscal year 2016 to carry out the payment 

rates under subsection (d) of section 1886 of the Social Security 

Act (42 U.S.C. 1395ww), the Secretary shall evaluate both 

the payment rates and regulations governing hospitals which 

are classified under subclause (II) of subsection (d)(1)(B)(iv) 

of such section. 

(2) ADJUSTMENT AUTHORITY.—Based upon such evaluation, 

the Secretary may adjust payment rates under subsection (b)(3) 

of section 1886 of the Social Security Act (42 U.S.C. 1395ww) 

for a hospital so classified (such as payment based upon the 

TEFRA-payment model) and may adjust the regulations governing such hospitals, including applying the regulations governing hospitals which are classified under clause (I) of subsection (d)(1)(B) of such section. 

Approved December 26, 2013. 

42 USC 1395ww 

note. 

Deadline. 

Time period. 


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