[Congressional Record Volume 160, Number 151 (Thursday, December 11, 2014)]
[House]
[Pages H9076-H9284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INSULAR AREAS AND FREELY ASSOCIATED STATES ENERGY DEVELOPMENT
Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution
776, I call up the bill (H.R. 83) to require the Secretary of the
Interior to assemble a team of technical, policy, and financial experts
to address the energy needs of the insular areas of the United States
and the Freely Associated States through the development of energy
action plans aimed at promoting access to affordable, reliable energy,
including increasing use of indigenous clean-energy resources, and for
other purposes, with the Senate amendment thereto, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Hastings of Washington). The Clerk will
designate the Senate amendment.
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.
(a) Definitions.--In this section:
(1) Comprehensive energy plan.--The term ``comprehensive
energy plan'' means a comprehensive energy plan prepared and
updated under subsections (c) and (e) of section 604 of the
Act entitled ``An Act to authorize appropriations for certain
insular areas of the United States, and for other purposes'',
approved December 24, 1980 (48 U.S.C. 1492).
(2) Energy action plan.--The term ``energy action plan''
means the plan required by subsection (d).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(4) Insular areas.--The term ``insular areas'' means
American Samoa, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, Guam, and the Virgin Islands.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Team.--The term ``team'' means the team established by
the Secretary under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall, within the
Empowering Insular Communities activity, establish a team of
technical, policy, and financial experts--
(1) to develop an energy action plan addressing the energy
needs of each of the insular areas and Freely Associated
States; and
(2) to assist each of the insular areas and Freely
Associated States in implementing such plan.
(c) Participation of Regional Utility Organizations.--In
establishing the team, the Secretary shall consider including
regional utility organizations.
(d) Energy Action Plan.--In accordance with subsection (b),
the energy action plan shall include--
(1) recommendations, based on the comprehensive energy plan
where applicable, to--
(A) reduce reliance and expenditures on fuel shipped to the
insular areas and Freely Associated States from ports outside
the United States;
(B) develop and utilize domestic fuel energy sources; and
(C) improve performance of energy infrastructure and
overall energy efficiency;
(2) a schedule for implementation of such recommendations
and identification and prioritization of specific projects;
(3) a financial and engineering plan for implementing and
sustaining projects; and
(4) benchmarks for measuring progress toward
implementation.
(e) Reports to Secretary.--Not later than 1 year after the
date on which the Secretary establishes the team and annually
thereafter, the team shall submit to the Secretary a report
detailing progress made in fulfilling its charge and in
implementing the energy action plan.
(f) Annual Reports to Congress.--Not later than 30 days
after the date on which the Secretary receives a report
submitted by the team under subsection (e), the Secretary
shall submit to the appropriate committees of Congress a
summary of the report of the team.
(g) Approval of Secretary Required.--The energy action plan
shall not be implemented until the Secretary approves the
energy action plan.
SEC. 2. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT.
Section 6 of Public Law 94-241 (90 Stat. 263; 122 Stat.
854) is amended--
(1) in subsection (a)(2), by striking ``December 31, 2014,
except as provided in subsections (b) and (d)'' and inserting
``December 31, 2019''; and
(2) in subsection (d)--
(A) in the third sentence of paragraph (2), by striking
``not to extend beyond December 31, 2014, unless extended
pursuant to paragraph 5 of this subsection'' and inserting ``
`ending on December 31, 2019' '';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5).
Motion Offered by Mr. Rogers of Kentucky
Mr. ROGERS of Kentucky. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Rogers of Kentucky moves that the House concur in the
Senate amendment to H.R. 83 with an amendment.
The text of the House amendment to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated and Further
Continuing Appropriations Act, 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Adjustments to compensation.
Sec. 9. Study of electric rates in the insular areas.
Sec. 10. Amendments to the Consolidated Natural Resources Act.
Sec. 11. Payments in lieu of taxes.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
Title VIII--Ebola Response and Preparedness
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2015
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
Title VI--Travel Promotion, Enhancement, and Modernization Act of 2014
Title VII--Revitalize American Manufacturing and Innovation Act of 2014
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Ebola Response and Preparedness
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2015
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2015
Title I--Department of the Treasury
[[Page H9077]]
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Ebola Response and Preparedness
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2015
Title I--Legislative Branch
Title II--General Provisions
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2015
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations
Title IX--Ebola Response and Preparedness
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION L--FURTHER CONTINUING APPROPRIATIONS, 2015
DIVISION M--EXPATRIATE HEALTH COVERAGE CLARIFICATION ACT OF 2014
DIVISION N--OTHER MATTERS
DIVISION O--MULTIEMPLOYER PENSION REFORM
Title I--Modifications to Multiemployer Plan Rules
Title II--Remediation Measures for Deeply Troubled Plans
SEC. 3. 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.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House of Representatives section of the Congressional
Record on or about December 11, 2014 by the Chairman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of divisions A through K of this Act as if it
were a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2015.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently
so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2015, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit
for any category set forth in section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 due to
estimating differences with the Congressional Budget Office,
an adjustment to the discretionary spending limit in such
category for fiscal year 2015 shall be made by the Director
of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed
0.2 percent of the sum of the adjusted discretionary spending
limits for all categories for that fiscal year.
SEC. 8. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 610(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of
living adjustments for Members of Congress) during fiscal
year 2015.
SEC. 9. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.
(a) Definitions.--In this section:
(1) Comprehensive energy plan.--The term ``comprehensive
energy plan'' means a comprehensive energy plan prepared and
updated under subsections (c) and (e) of section 604 of the
Act entitled ``An Act to authorize appropriations for certain
insular areas of the United States, and for other purposes'',
approved December 24, 1980 (48 U.S.C. 1492).
(2) Energy action plan.--The term ``energy action plan''
means the plan required by subsection (d).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(4) Insular areas.--The term ``insular areas'' means
American Samoa, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, Guam, and the Virgin Islands.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Team.--The term ``team'' means the team established by
the Secretary under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall, within the
Empowering Insular Communities activity, establish a team of
technical, policy, and financial experts--
(1) to develop an energy action plan addressing the energy
needs of each of the insular areas and Freely Associated
States; and
(2) to assist each of the insular areas and Freely
Associated States in implementing such plan.
(c) Participation of Regional Utility Organizations.--In
establishing the team, the Secretary shall consider including
regional utility organizations.
(d) Energy Action Plan.--In accordance with subsection (b),
the energy action plan shall include--
(1) recommendations, based on the comprehensive energy plan
where applicable, to--
(A) reduce reliance and expenditures on fuel shipped to the
insular areas and Freely Associated States from ports outside
the United States;
(B) develop and utilize domestic fuel energy sources; and
(C) improve performance of energy infrastructure and
overall energy efficiency;
(2) a schedule for implementation of such recommendations
and identification and prioritization of specific projects;
(3) a financial and engineering plan for implementing and
sustaining projects; and
(4) benchmarks for measuring progress toward
implementation.
(e) Reports to Secretary.--Not later than 1 year after the
date on which the Secretary establishes the team and annually
thereafter, the team shall submit to the Secretary a report
detailing progress made in fulfilling its charge and in
implementing the energy action plan.
(f) Annual Reports to Congress.--Not later than 30 days
after the date on which the Secretary receives a report
submitted by the team under subsection (e), the Secretary
shall submit to the appropriate committees of Congress a
summary of the report of the team.
(g) Approval of Secretary Required.--The energy action plan
shall not be implemented until the Secretary approves the
energy action plan.
SEC. 10. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES
ACT.
Section 6 of Public Law 94-241 (90 Stat. 263; 122 Stat.
854) is amended--
(1) in subsection (a)(2), by striking ``December 31, 2014,
except as provided in subsections (b) and (d)'' and inserting
``December 31, 2019''; and
(2) in subsection (d)--
(A) in the third sentence of paragraph (2), by striking
``not to extend beyond December 31, 2014, unless extended
pursuant to paragraph 5 of this subsection'' and inserting ``
`ending on December 31, 2019' '';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5).
SEC. 11. PAYMENTS IN LIEU OF TAXES.
(a) For payments in lieu of taxes under chapter 69 of title
31, United States Code, for fiscal year 2015, $372,000,000
shall be available to the Secretary of the Interior.
(b) The amount made available in subsection (a) shall be in
addition to amounts made available for payments in lieu of
taxes by the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015.
[[Page H9078]]
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$45,805,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $502,000 shall be available for the Office of Tribal
Relations; not to exceed $1,496,000 shall be available for
the Office of Homeland Security and Emergency Coordination;
not to exceed $1,209,000 shall be available for the Office of
Advocacy and Outreach; not to exceed $25,928,000 shall be
available for the Office of the Assistant Secretary for
Administration, of which $25,124,000 shall be available for
Departmental Administration to provide for necessary expenses
for management support services to offices of the Department
and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department; not to exceed
$3,869,000 shall be available for the Office of Assistant
Secretary for Congressional Relations to carry out the
programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch; and not to exceed $7,750,000 shall be available for
the Office of Communications: Provided, That the Secretary
of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent: Provided further, That not
to exceed $11,000 of the amount made available under this
paragraph for the immediate Office of the Secretary shall be
available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary:
Provided further, That the amount made available under this
heading for Departmental Administration shall be reimbursed
from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5
U.S.C. 551-558: Provided further, That funds made available
under this heading for the Office of the Assistant Secretary
for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $17,377,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
national appeals division
For necessary expenses of the National Appeals Division,
$13,317,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,392,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $45,045,000, of which not less than
$28,000,000 is for cybersecurity requirements of the
Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $898,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,070,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $55,866,000, to remain
available until expended, for buildings operations and
maintenance expenses: Provided, That the Secretary may use
unobligated prior year balances of an agency or office that
are no longer available for new obligation to cover
shortfalls incurred in prior or current year rental payments
for such agency or office.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,600,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $95,026,000, including such sums as may be necessary
for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $44,383,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,654,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $898,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,373,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $172,408,000, of which up to $47,842,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,132,625,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be
limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000
each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is
greater: Provided further, That the limitations on
alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further,
That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations
hereunder shall be available for granting easements at any
Agricultural Research Service location for the construction
of a research facility by a non-Federal entity for use by,
and acceptable to, the Agricultural Research Service and a
condition of the easements shall be that upon completion the
facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from
any State, other political subdivision, organization, or
individual for the purpose of establishing or operating any
research facility or research project of the Agricultural
Research Service, as authorized by law: Provided further,
That subject to such terms and conditions as the Secretary of
Agriculture considers appropriate to protect the interest of
the United States, the Secretary may enter into a lease of
Agricultural Research Service land in order to allow for the
drilling of not more than three irrigation wells; the term of
the lease may not exceed 20 years, but the Secretary may
renew the lease for one or more additional 20-year periods.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided,
[[Page H9079]]
$45,000,000 to remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $786,874,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges
of agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and
grants management systems shall remain available until
expended: Provided further, That each institution eligible
to receive funds under the Evans-Allen program receives no
less than $1,000,000: Provided further, That funds for
education grants for Alaska Native and Native Hawaiian-
serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $471,691,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility
improvements at 1890 institutions shall remain available
until expended: Provided further, That institutions eligible
to receive funds under 7 U.S.C. 3221 for cooperative
extension receive no less than $1,000,000: Provided further,
That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$30,900,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative
shall remain available until September 30, 2016.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $898,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $871,315,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $35,339,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $697,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $52,340,000, to remain
available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $156,000,000, to remain available until expended,
shall be for specialty crop pests; of which, $8,826,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $54,000,000, to remain
available until expended, shall be for tree and wood pests;
of which $3,973,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be
for the scrapie program for indemnities; of which $1,500,000,
to remain available until expended, shall be for the wildlife
damage management program for aviation safety: Provided,
That of amounts available under this heading for wildlife
services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts
available under this heading for the screwworm program,
$4,990,000 shall remain available until expended: Provided
further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, That in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2015, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $81,192,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,709,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,186,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,048,000: Provided, That this
appropriation shall be available pursuant to law (7
[[Page H9080]]
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $816,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,016,474,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2015 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That the Food Safety and Inspection
Service shall continue implementation of section 11016 of
Public Law 110-246 as further clarified by the amendments
made in section 12106 of Public Law 113-79: Provided
further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $898,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,200,180,000: Provided, That not more than 50 percent of
the $132,364,000 made available under this heading for
information technology related to farm program delivery,
including the Modernize and Innovate the Delivery of
Agricultural Systems (MIDAS) and other farm program delivery
systems, may be obligated until the Secretary submits to the
Committees on Appropriations a plan for expenditure that (1)
identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (b) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations, and (c) key milestones to be
met; (2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
submitted to the Government Accountability Office: Provided
further, That the agency shall submit a report by the end of
the fourth quarter of fiscal year 2015 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a
detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment
of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of
the Commodity Credit Corporation to make program payments for
all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account:
Provided further, That funds made available to county
committees shall remain available until expended: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available
to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an
office with two or fewer employees without prior notification
and approval of the Committees on Appropriations.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,404,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $5,526,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,000,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,393,443,000 for unsubsidized guaranteed operating loans
and $1,252,004,000 for direct operating loans; emergency
loans, $34,667,000; Indian tribe land acquisition loans,
$2,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $63,101,000 for direct operating loans,
$14,770,000 for unsubsidized guaranteed operating loans, and
emergency loans, $856,000, to remain available until
expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $314,918,000, of
which $306,998,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$74,829,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive
[[Page H9081]]
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource
Conservation and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $898,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $846,428,000, to remain available
until September 30, 2016: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose
of providing water to rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $898,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $224,201,000:
Provided, That no less than $15,000,000 shall be for the
Comprehensive Loan Accounting System: Provided further, That
notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that support the Rural Development
mission area: Provided further, That any balances available
from prior years for the Rural Utilities Service, Rural
Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and
merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $900,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $26,279,000 for section 504 housing repair
loans; $28,398,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $66,420,000 shall be for direct loans; section 504
housing repair loans, $3,687,000; and repair, rehabilitation,
and new construction of section 515 rental housing,
$9,800,000: Provided, That to support the loan program level
for section 538 guaranteed loans made available under this
heading the Secretary may charge or adjust any fees to cover
the projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2015.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by 42 U.S.C. 1484 and 1486,
$15,936,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available
for the Farm Labor Program Account shall be transferred to
and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $415,100,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,088,500,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during
the current fiscal year shall be funded for a 1-year period:
Provided further, That rental assistance contracts will not
be renewed within the 12-month contract period: Provided
further, That any unexpended balances remaining at the end of
such 1-year agreements may be transferred and used for the
purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2015 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $24,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $7,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $17,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in
[[Page H9082]]
this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such
vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a multi-family rental
housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval
of the Committees on Appropriations of both Houses of
Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than
$1,000,000 total, from the program funds made available under
this heading, for administrative expenses for activities
funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $27,500,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $32,239,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,200,000,000 for direct loans and
$73,222,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $3,500,000, to remain
available until expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $26,778,000, to remain available until
expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,778,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$74,000,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $3,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.) for
any Rural Community Advancement Program purpose as described
in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development: Provided further, That for purposes of
determining eligibility or level of program assistance the
Secretary shall not include incarcerated prison populations:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,818,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C
1936b), of which $531,000 shall be available through June 30,
2015, for Federally Recognized Native American Tribes; and of
which $1,021,000 shall be available through June 30, 2015,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,439,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $179,000,000 shall not be
obligated and $179,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $22,050,000, of which
$2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $10,750,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $1,350,000: Provided, That the cost of loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $464,857,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That $66,500,000 of the amount appropriated under this
heading shall be for loans and grants including water and
waste disposal systems grants authorized by 306C(a)(2)(B) and
306D of the Consolidated Farm and Rural Development Act,
Federally Recognized Native American Tribes authorized by
306C(a)(1), and the Department of Hawaiian Home Lands (of the
State of Hawaii): Provided further, That funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided
further, That not to exceed $19,000,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $6,000,000 shall be
made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical
[[Page H9083]]
assistance for rural water systems for tribal communities:
Provided further, That not to exceed $15,919,000 of the
amount appropriated under this heading shall be for
contracting with qualified national organizations for a
circuit rider program to provide technical assistance for
rural water systems: Provided further, That not to exceed
$4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated
under this heading shall be transferred to, and merged with,
the Rural Utilities Service, High Energy Cost Grants Account
to provide grants authorized under section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost
grants authorized by section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost
Grants Account: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are
not applicable to the funds made available under this
heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: loans made pursuant to section 306 of that
Act, rural electric, $5,000,000,000; guaranteed underwriting
loans pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, or improvement of
fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $34,478,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $24,077,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$22,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $4,500,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $10,372,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $816,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $21,300,170,000 to
remain available through September 30, 2016, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment needed to serve
healthier meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total
amount available, $16,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111-80).
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,623,000,000, to remain available through September 30,
2016: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, $14,000,000 shall be
used for infrastructure, $30,000,000 shall be used for
management information systems, and $25,000,000 shall be used
for WIC electronic benefit transfer systems and activities:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $81,837,570,000, of
which $3,000,000,000, to remain available through September
30, 2016, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2016: Provided further, That
funds made available under this heading for a study on Indian
tribal administration of nutrition programs, as provided in
title IV of the Agricultural Act of 2014 (Public Law 113-79),
and a study of the removal of cash benefits in Puerto Rico,
as provided in title IV of the Agricultural Act of 2014
(Public Law 113-79) shall be available until expended:
Provided further, That funds made available under this
heading for section 28(d)(1) and section 27(a) of the Food
and Nutrition Act of 2008 shall remain available through
September 30, 2016: Provided further, That funds made
available under this heading for employment and training
pilot projects, as provided in title IV of the Agricultural
Act of 2014 (Public Law 113-79), shall remain available
through September 30, 2018: Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity
provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$278,501,000, to remain available through September 30, 2016,
of which $2,800,000 shall be to begin service in seven
additional States that have plans approved by the Department
for the commodity supplemental food program but are not
currently participating: Provided, That none of these funds
shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided
further, That notwithstanding any other provision of law,
effective with funds made available in fiscal year 2015 to
support the Seniors Farmers' Market Nutrition Program, as
authorized by section 4402 of the Farm Security and Rural
Investment Act of 2002, such funds shall remain available
through September 30, 2016: Provided further, That of the
funds made available under section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may
use up to 10 percent for costs associated with the
distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $150,824,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766),
[[Page H9084]]
$181,423,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements
executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including rescission and transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $2,528,000, shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided, That of
the unobligated balances provided pursuant to title I of the
Food for Peace Act, $13,000,000 are rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,466,000,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
amounts made available under this heading shall be used to
provide not less than the minimum level of funding required
by section 412(e)(2) of the Food for Peace Act (7 U.S.C.
1736f(e)(2)) to carry out nonemergency food assistance
programs under title II of such Act.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $191,626,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,748,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,394,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $354,000 shall
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $4,443,356,000: Provided,
That of the amount provided under this heading, $798,000,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $128,282,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $312,116,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $21,014,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available
until expended; $22,464,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$6,944,000 shall be derived from animal generic drug user
fees authorized by 21 U.S.C. 379j-21, and shall be credited
to this account and remain available until expended;
$566,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended: Provided
further, That in addition and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and animal generic drug user
fees that exceed the respective fiscal year 2015 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and animal
generic drug assessments for fiscal year 2015, including any
such fees collected prior to fiscal year 2015 but credited
for fiscal year 2015, shall be subject to the fiscal year
2015 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2015 of user fees specified
under this heading and authorized for fiscal year 2016, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2016 for which the Secretary accepts
payment in fiscal year 2015 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$903,403,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $1,337,948,000 shall be for the
Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (3)
$344,267,000 shall be for the Center for Biologics Evaluation
and Research and for related field activities in the Office
of Regulatory Affairs; (4) $173,976,000 shall be for the
Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5)
$420,548,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $63,331,000 shall be for
the National Center for Toxicological Research; (7)
$531,527,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $163,079,000 shall be for Rent and
Related activities, of which $47,116,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$227,674,000 shall be for payments to the General Services
Administration for rent; and (10) $277,603,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
be from amounts made available under this heading for other
activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be
in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That
funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), and third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), shall
be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $8,788,000, to remain available until
expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $60,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage
[[Page H9085]]
Corporation) shall be obligated during the current fiscal
year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply
to expenses associated with receiverships: Provided further,
That the agency may exceed this limitation by up to 10
percent with notification to the Committees on Appropriations
of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 719 of this Act: Provided further, That of annual
income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the
Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement and implementation of a
financial management plan, information technology, and other
systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the limitation on the
obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a
declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate
employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate
funds without written approval from the Chief Information
Officer for projects up to $250,000 based upon the
performance of an agency measured against the performance
plan requirements described in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
Sec. 707. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b))
in the current fiscal year shall remain available until
expended to disburse obligations made in the current fiscal
year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Of the unobligated balances provided pursuant to
section 12033 and section 15101 of the Food, Conservation,
and Energy Act of 2008, $125,000,000 are rescinded.
Sec. 710. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2016, for information technology
expenses: Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2016, for information technology expenses.
Sec. 711. The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 CFR
246.10 when issuing liquid infant formula to participants.
Sec. 712. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 713. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79),
other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in
that Act, that is authorized or required to be carried out
using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 714. Of the funds made available by this Act, not
more than $2,000,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 715. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 716. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the
following:
(1) The Watershed Rehabilitation program authorized by
section 14(h)(1) of the Watershed and Flood Protection Act
(16 U.S.C. 1012(h)(1)) in excess of $73,000,000.
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,347,000,000:
Provided, That this limitation shall apply only to funds
provided by section 1241(a)(5)(B) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(5)(B)).
(3) The Conservation Stewardship Program as authorized by
sections 1238D-1238G of the Food Security Act of 1985 (16
U.S.C. 3838d-3838g) in excess of 7,741,000 acres.
[[Page H9086]]
(4) The Biomass Crop Assistance Program authorized by
section 9011 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8111) in excess of $23,000,000 in new
obligational authority.
(5) The Biorefinery, Renewable Chemical and Biobased
Product Manufacturing Assistance program as authorized by
section 9003 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8103) in excess of $30,000,000.
Sec. 717. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a program
under subsection (b)(2)(A)(vii) of section 14222 of Public
Law 110-246 in excess of $959,000,000, as follows: Child
Nutrition Programs Entitlement Commodities--$465,000,000;
State Option Contracts--$5,000,000; Removal of Defective
Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for
salaries and expenses to carry out in this fiscal year
section 19(i)(1)(E) of the Richard B. Russell National School
Lunch Act, as amended, except in an amount that excludes the
transfer of $122,000,000 of the funds to be transferred under
subsection (c) of section 14222 of Public Law 110-246, until
October 1, 2015: Provided further, That $122,000,000 made
available on October 1, 2015, to carry out section
19(i)(1)(E) of the Richard B. Russell National School Lunch
Act, as amended, shall be excluded from the limitation
described in subsection (b)(2)(A)(viii) of section 14222 of
Public Law 110-246: Provided further, That none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture or officer of the
Commodity Credit Corporation to carry out clause 3 of section
32 of the Agricultural Adjustment Act of 1935 (Public Law 74-
320, 7 U.S.C. 612c, as amended), or for any surplus removal
activities or price support activities under section 5 of the
Commodity Credit Corporation Charter Act: Provided further,
That of the available unobligated balances under
(b)(2)(A)(vii) of section 14222 of Public Law 110-246,
$203,000,000 are rescinded.
Sec. 718. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2016 appropriations Act.
Sec. 719. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 720. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 721. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be
used to transmit or otherwise make available to any non-
Department of Agriculture, non-Department of Health and Human
Services, or non-Farm Credit Administration employee
questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 722. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 723. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 724. None of the funds made available by this Act may
be used to pay the salaries and expenses of personnel who
provide nonrecourse marketing assistance loans for mohair
under section 1201 of the Agricultural Act of 2014 (Public
Law 113-79).
Sec. 725. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 726. There is hereby appropriated $600,000 for the
purposes of section 727 of division A of Public Law 112-55.
Sec. 727. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan by
program, project, and activity for all the funds made
available under this Act including appropriated user fees, as
defined in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
Sec. 728. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator
of the U.S. Agency for International Development, are in
place to ensure that emergency food aid is received by the
intended beneficiaries in areas affected by food shortages
and not diverted for unauthorized or inappropriate purposes.
Sec. 729. The Secretary shall continue the pilot program
in effect for fiscal year 2013 for packaging and reviewing
section 502 single
[[Page H9087]]
family direct loans. The Secretary shall continue agreements
with current intermediary organizations and not later than 90
days after enactment of this Act enter into additional
agreements that increase the number of participating
intermediary organizations to not less than 10. The Secretary
shall work with these organizations to increase the
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 730. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 731. None of the funds made available by this or any
other Act may be used to write, prepare, or publish a final
rule or an interim final rule in furtherance of, or otherwise
to implement or enforce the proposed rule entitled
``Implementation of Regulations Required Under Title XI, of
the Food, Conservation and Energy Act of 2008; Conduct in
Violation of the Act'' published by the Department of
Agriculture in the Federal Register on June 22, 2010 (75 Fed.
Reg. 35338 et seq.) unless the combined annual cost to the
economy of such rules does not exceed $100,000,000:
Provided, That none of the funds made available by this or
any other Act may be used to publish a final or interim final
rule in furtherance of, or otherwise to implement, sections
201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211,
201.213, or 201.214, as proposed to be added to title 9 of
the Code of Federal Regulations, by such proposed rule:
Provided further, That none of the funds made available by
this or any other Act may be used to implement, enforce, or
to take regulatory action other than rescission or repeal
based on, or in furtherance of, 201.2(o), 201.3(a), or
201.215(a), of title 9 of the Code of Federal Regulations (as
in effect on the date of the enactment of this Act), or to
write, prepare, or publish a final or interim final rule in
furtherance of, or otherwise to implement, the definitions or
criteria specified in such sections: Provided further, That
sections 201.2(o), 201.3(a), and 201.215(a), of title 9 of
the Code of Federal Regulations (as in effect on the date of
enactment of this Act) are hereby indefinitely declared null
and void and shall have no force under the laws, and the
Secretary of Agriculture shall, within 60 days after the date
of enactment of this Act, rescind sections 201.2(o),
201.3(a), and 201.215(a), of title 9 of the Code of Federal
Regulations (as in effect on such date).
Sec. 732. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 733. For the 2014 fiscal year and each fiscal year
thereafter, losses under section 1501 of Public Law 113-79
shall not be considered the same loss for the purposes of 7
U.S.C. 7333(i)(3) and 7 U.S.C. 1508(n).
Sec. 734. Of the funds made available to the Food and Drug
Administration, Salaries and Expenses, Office of the
Commissioner, $20,000,000 shall not be available for
obligation until the Food and Drug Administration finalizes
the draft guidance of January 2013 entitled ``Guidance for
Industry: Abuse-Deterrent Opioids- Evaluation and Labeling'':
Provided, That if the Food and Drug Administration fails to
finalize such guidance by June 30, 2015, such funds shall be
made available for obligation to the Food and Drug
Administration's Office of Criminal Investigation for the
purpose of assisting Federal, state, and local agencies to
combat the diversion and illegal sales of controlled
substances.
Sec. 735. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out section
307(b) of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277; 112 Stat. 2681-640) in excess of $4,000,000.
Sec. 736. None of the funds made available by this Act may
be used to procure processed poultry products imported into
the United States from the People's Republic of China for use
in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Food Care Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 737. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 738. (a) In General.--The Secretary of Health and
Human Services, on behalf of the United States may hereafter,
whenever the Secretary deems desirable, relinquish to the
State of Arkansas all or part of the jurisdiction of the
United States over the lands and properties encompassing the
Jefferson Labs campus in the State of Arkansas that are under
the supervision or control of the Secretary.
(b) Terms.--Relinquishment of jurisdiction under this
section may be accomplished, under terms and conditions that
the Secretary deems advisable--
(1) by filing with the Governor of the State of Arkansas a
notice of relinquishment to take effect upon acceptance
thereof; or
(2) as the laws of such State may otherwise provide.
(c) Definition.--In this section, the term ``Jefferson Labs
campus'' means the lands and properties of the National
Center for Toxicological Research and the Arkansas Regional
Laboratory.
(d) Agreement Regarding Jefferson County Technology
Research and Commercialization Center.--
(1) In general.--The Secretary may hereafter enter into an
agreement with the State of Arkansas or an agency of such
State or a public or private entity with respect to the
establishment or operation of a technology research and
commercialization center in Jefferson County, Arkansas,
proximate to the Jefferson Labs campus.
(2) Receipt and expenditure of funds.--Pursuant to such
agreement, the Secretary may hereafter receive and retain
funds from such entity and use such funds, in addition to
such other funds as are made available by this act or future
acts for the operation of the National Center for
Toxicological Research, for the purposes listed in paragraph
(3). Funds received from such entity shall be deemed to be
appropriated for such purposes and shall remain available
until expended.
(3) Purposes.--
(A) In general.--Funds described by paragraph (2) shall be
available to defray--
(i) the costs of creating, upgrading, and maintaining
connections between such center and roads, communications
facilities, and utilities that are on the Jefferson Labs
campus; and
(ii) the costs of upgrades, relocation, repair, and new
constructions of roads, communications facilities, and
utilities on such campus as may be necessary for such
agreement.
(B) Other acts.--For purposes of this and any subsequent
Act, the operation of the National Center for Toxicological
Research shall be deemed to include the purposes listed in
subparagraph (A).
Sec. 739. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2015, an
amount of funds made available in title III as follows: (a)
with respect to funds under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing
Grants, Rural Community Facilities Program Account, Rural
Development Loan Fund Program Account, and Rural Water and
Waste Disposal Program Account the set aside shall equal the
amount obligated in REAP Zones with respect to funds provided
under such headings during the 2008 fiscal year; and (b) with
respect to funds under the headings of Rural Business Program
Account, and Rural Housing Assistance Grants the set aside
shall equal the amount obligated in REAP Zones with respect
to funds provided under such headings in the most recent
fiscal year funds were obligated under the heading.
Sec. 740. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 741. Hereafter, none of the funds appropriated by
this or any other Act may be used to carry out section 410 of
the Federal Meat Inspection Act (21 U.S.C. 679a) or section
30 of the Poultry Products Inspection Act (21 U.S.C. 471).
Sec. 742. There is hereby established in the Treasury of
the United States a fund to be known as the ``Nonrecurring
expenses fund'' (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated in this
or any succeeding fiscal year from the General Fund of the
Treasury to the Department of Agriculture (except the Forest
Service) by this or any other Act may be transferred (not
later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund: Provided
further, That amounts deposited in the Fund shall be
available until expended, and in addition to such other funds
as may be available for such purposes, for facilities
infrastructure capital acquisition necessary for the
operation of the Department of Agriculture, subject to
approval by the Office of Management and Budget: Provided
further, That amounts in the Fund may be obligated only after
the Committees on Appropriations
[[Page H9088]]
of the House of Representatives and the Senate are notified
at least 15 days in advance of the planned use of funds.
Sec. 743. There is hereby appropriated for the ``Emergency
Watershed Protection Program'', $78,581,000, to remain
available until expended; for the ``Emergency Forestry
Restoration Program'', $3,203,000, to remain available until
expended; and for the ``Emergency Conservation Program'',
$9,216,000, to remain available until expended: Provided,
That funds under this section are for necessary expenses
resulting from a major disaster declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), and are designated by the
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 744. Of the funding provided in section 743 of
division A of Public Law 113-76, not more than $75,000 may be
used for administrative purposes, including a modification to
an existing contract to allow reimbursement for travel and
other administrative purposes.
Sec. 745. Of the unobligated balances identified by
Treasury Appropriation Fund Symbol 12X1401, $1,530,000 are
rescinded.
Sec. 746. The unobligated balances identified by Treasury
Appropriation Fund Symbol 12X2271 are rescinded.
Sec. 747. Section 501(f)(1)(C)(ii)(II) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7401(f)(1)(C)(ii)(II)) is amended by striking ``section 514''
and inserting ``a commodity promotion law''.
Sec. 748. Of the unobligated balances provided pursuant to
section 9004(d)(1) of the Farm Security and Rural Investment
Act of 2002, as amended, (7 U.S.C. 8104(d)(1)), $8,000,000
are hereby rescinded.
Sec. 749. Funds provided by this or any prior
Appropriations Act for the Agriculture and Food Research
Initiative under 7 U.S.C. 450i(b) shall be made available
without regard to section 7128 of the Agricultural Act of
2014 (7 U.S.C. 3371 note), under the matching requirements in
laws in effect on the date before the date of enactment of
such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 750. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 751. For the period beginning on the date of
enactment of this Act through school year 2015-2016, with
respect to the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) or the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and
final regulations published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg.
4088 et seq.), the Secretary shall allow States to grant an
exemption from the whole grain requirements that took effect
on or after July 1, 2014, and the States shall establish a
process for evaluating and responding, in a reasonable amount
of time, to requests for an exemption: Provided, That school
food authorities demonstrate hardship, including financial
hardship, in procuring specific whole grain products which
are acceptable to the students and compliant with the whole
grain-rich requirements: Provided further, That school food
authorities shall comply with the applicable grain component
or standard with respect to the school lunch or school
breakfast program that was in effect prior to July 1, 2014.
Sec. 752. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to implement any
regulations under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free
Kids Act of 2010 (Public Law 111-296), or any other law that
would require a reduction in the quantity of sodium contained
in federally reimbursed meals, foods, and snacks sold in
schools below Target 1 (as described in section 220.8(f)(3)
of title 7, Code of Federal Regulations (or successor
regulations)) until the latest scientific research
establishes the reduction is beneficial for children.
Sec. 753. (a) None of the funds made available by this Act
or any other Act may be used to exclude or restrict, or to
pay the salaries and expenses of personnel to exclude or
restrict, the eligibility of any variety of fresh, whole, or
cut vegetables (except for vegetables with added sugars,
fats, or oils) from being provided under the Special
Supplemental Nutrition Program for Women, Infants, and
Children under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) (in this section referred to as the
``program'').
(b) Not later than 15 days after the date of enactment of
this Act, each State agency shall carry out the program in a
manner consistent with subsection (a).
(c) Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall commence under
section 17(f)(11)(C) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(f)(11)(C)) the next regular review of the
supplemental foods available under this program, including a
review of the nutrient value of all vegetables.
(d) If, upon completing the review under subsection (c),
the Secretary of Agriculture recommends that a vegetable be
eligible for purchase under the program, none of the funds
made available under this Act or any other Act may be used to
exclude or restrict the eligibility of that variety of
vegetable (except if that vegetable has added sugars, fats,
or oils) from being purchased under the program, and
subsection (a) shall continue to be effective.
(e) If the review in subsection (c) recommends that any
vegetable shall not be available for purchase under the
program, based upon the nutritional content of the vegetable
and the nutrition needs of WIC participants, subsection (a)
shall expire upon the publication of the regularly scheduled
review.
(f) Not later than 90 days after completing the review
under subsection (c), the Secretary of Agriculture shall make
publicly available all scientific research and data used to
make the final recommendations and explain the results of the
review by submitting a report containing such information to
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, the Committee on Education and Workforce of the House
of Representatives, and the Committees on Appropriations of
the Senate and the House of Representatives.
(g) Upon completion of the review under subsection (c) by
the Secretary of Agriculture, the Comptroller General of the
United States shall conduct an audit of the review which
shall include an audit of the scientific research and data
used to conduct the review.
TITLE VIII
EBOLA RESPONSE AND PREPAREDNESS
Department of Health and Human Services
food and drug administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', to
prevent, prepare for, and respond to the Ebola virus
domestically and internationally, and to develop necessary
medical countermeasures and vaccines, including the review,
regulations, post market surveillance of vaccines and
therapies, and administrative activities, $25,000,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amounts provided, $4,800,000 is for the Center
for Biologics Evaluation and Research; $2,400,000 is for the
Center for Devices and Radiological Health; $400,000 is for
the Office of the Commissioner; $1,900,000 is for the Center
for Drug Evaluation and Research; $500,000 is for the Office
of Regulatory Affairs; and $15,000,000 is for the Medical
Countermeasures Initiative.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2015''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $472,000,000, to remain available until September 30,
2016, of which $10,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section
[[Page H9089]]
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22
U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$102,500,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, for the cost of loan guarantees
authorized by section 26 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3721), for grants
authorized by section 27 (15 U.S.C. 3722) of such Act, and
for grants, $213,000,000, to remain available until expended;
of which $5,000,000 shall be for projects to facilitate the
relocation, to the United States, of a source of employment
located outside the United States; of which $4,000,000 shall
be for loan guarantees under such section 26; and of which
$10,000,000 shall be for grants under such section 27:
Provided, That the costs for loan guarantees, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds for loan guarantees under such
section 26 are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$70,000,000.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$37,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$30,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $100,000,000, to remain available until September
30, 2016.
Bureau of the Census
salaries and expenses
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics, provided for
by law, $248,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That the Bureau of
the Census shall collect data for the Annual Social and
Economic Supplement to the Current Population Survey using
the same health insurance questions included in previous
years, in addition to the revised questions implemented in
the Current Population Survey beginning in February 2014.
periodic censuses and programs
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics for periodic
censuses and programs provided for by law, $840,000,000, to
remain available until September 30, 2016: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $1,551,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $38,200,000, to remain available until September 30,
2016: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,458,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2015, so as to result in a
fiscal year 2015 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2015, should the total amount of such offsetting collections
be less than $3,458,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,458,000,000 in fiscal year 2015 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance
with the preceding proviso shall be transferred to the United
States Patent and Trademark Office Salaries and Expenses
account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal
year 2015 for official reception and representation expenses:
Provided further, That in fiscal year 2015 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable: Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with
[[Page H9090]]
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology (NIST), $675,500,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$138,100,000, to remain available until expended, of which
$130,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $8,100,000 shall be for
the Advanced Manufacturing Technology Consortia.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $50,300,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,202,398,000, to remain available until
September 30, 2016, except that funds provided for
cooperative enforcement shall remain available until
September 30, 2017: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $116,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the
$3,333,398,000 provided for in direct obligations under this
heading $3,202,398,000 is appropriated from the general fund,
$116,000,000 is provided by transfer, and $15,000,000 is
derived from recoveries of prior year obligations: Provided
further, That the total amount available for National Oceanic
and Atmospheric Administration corporate services
administrative support costs shall not exceed $220,300,000:
Provided further, That any deviation from the amounts
designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$2,179,225,000, to remain available until September 30, 2017,
except that funds provided for construction of facilities
shall remain available until expended: Provided, That of the
$2,192,225,000 provided for in direct obligations under this
heading, $2,179,225,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000
and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations
and audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2016: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $350,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2015, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$56,000,000: Provided, That the Secretary of Commerce shall
maintain a task force on job repatriation and manufacturing
growth and shall produce an annual report on related
incentive strategies, implementation plans and program
results: Provided further, That within amounts provided, the
Secretary of Commerce may use up to $2,500,000 to engage in
activities to provide businesses and communities with
information about and referrals to relevant Federal, State,
and local government programs.
renovation and modernization
For necessary expenses for the renovation and modernization
of Department of Commerce facilities, $4,500,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $30,596,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in
[[Page H9091]]
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2015: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,323,400,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,829,500,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The Department of Commerce shall provide a
monthly report to the Committees on Appropriations of the
House of Representatives and the Senate on any official
travel to China by any employee of the U.S. Department of
Commerce, including the purpose of such travel.
Sec. 109. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 110. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2016 for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 111. The Secretary of Commerce may waive the
requirement for bonds under 40 U.S.C. 3131 with respect to
contracts for the construction, alteration, or repair of
vessels, regardless of the terms of the contracts as to
payment or title, when the contract is made under the Coast
and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).
This title may be cited as the ``Department of Commerce
Appropriations Act, 2015''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $111,500,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $25,842,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$35,400,000 to this account, from funds available to the
Department of Justice for information technology, for
enterprise-wide information technology initiatives: Provided
further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority contained in
this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$351,072,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$88,577,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,308,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $885,000,000, of which not to exceed $15,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $162,246,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $100,000,000 in fiscal year 2015), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2015, so as to result in a
final fiscal year 2015 appropriation from the general fund
estimated at $62,246,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,960,000,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a United
States Attorney-led task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $225,908,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That,
[[Page H9092]]
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $225,908,000 of
offsetting collections pursuant to section 589a(b) of title
28, United States Code, shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum
herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2015,
so as to result in a final fiscal year 2015 appropriation
from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,326,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $11,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,250,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,195,000,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $15,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $9,800,000, to remain available until
expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$495,307,000, to remain available until expended: Provided,
That section 524(c)(8)(E) of title 28, United States Code,
shall be applied for fiscal year 2015 as if the following
were inserted after the final period: ``The Attorney General
shall use $1,100,000,000 of the excess unobligated balances
available in fiscal year 2015 for necessary expenses related
to United States prisoners in the custody of the United
States Marshals Service as authorized by section 4013 of
title 18, United States Code.'': Provided further, That any
use of such unobligated balances shall be treated as a
reprogramming of funds under section 505 of this Act:
Provided further, That not to exceed $20,000,000 shall be
considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title
18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That any unobligated balances available from funds
appropriated under the heading ``General Administration,
Detention Trustee'' shall be transferred to and merged with
the appropriation under this heading.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $93,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $507,194,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $8,326,569,000, of which
not less than $8,500,000 shall be for the National Gang
Intelligence Center, and of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to
exceed $184,500 shall be available for official reception and
representation expenses: Provided further, That up to
$1,000,000 shall be for a comprehensive review of the
implementation of the recommendations related to the Federal
Bureau of Investigation that were proposed in the report
issued by the National Commission on Terrorist Attacks Upon
the United States.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of Federally-owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $110,000,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,033,320,000; of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,201,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $6,815,000,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and
[[Page H9093]]
correctional institutions: Provided further, That the
Director of the Federal Prison System, where necessary, may
enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $5,400 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2016: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $106,000,000, to remain available until expended, of
which $25,000,000 shall be available only for costs related
to construction of new facilities, and of which not less than
$81,000,000 shall be available only for modernization,
maintenance and repair: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109-162) (``the 2005 Act''); and the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the
2013 Act''); and for related victims services, $430,000,000,
to remain available until expended: Provided, That except as
otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses
related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $195,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $26,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303 and 41305
of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That
10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $30,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $33,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $12,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $42,500,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,500,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be
transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs; and
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $111,000,000, to remain available
until expended, of which--
(1) $41,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act: Provided, That beginning not later
than 2 years after the date of enactment of this Act, as part
of each National Crime Victimization Survey, the Attorney
General shall include statistics relating to honor violence;
(2) $36,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act;
(3) $30,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968
Act; and
(4) $4,000,000 is for activities to strengthen and enhance
the practice of forensic sciences, of which $3,000,000 is for
transfer to the National Institute of Standards and
Technology to support Scientific Area Committees.
[[Page H9094]]
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4) (``the 2013 Act''); and other
programs, $1,241,000,000, to remain available until expended
as follows--
(1) $376,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $15,000,000
is for a Preventing Violence Against Law Enforcement Officer
Resilience and Survivability Initiative (VALOR), $4,000,000
is for use by the National Institute of Justice for research
targeted toward developing a better understanding of the
domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention,
$5,000,000 is for an initiative to support evidence-based
policing, $2,500,000 is for an initiative to enhance
prosecutorial decision-making, $3,000,000 is for competitive
grants to distribute firearm safety materials and gun locks,
$750,000 is for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act), $10,500,000 is for an Edward Byrne Memorial
criminal justice innovation program, and $2,500,000 is for a
program to improve juvenile indigent defense;
(2) $185,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $42,250,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $41,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(5) $8,500,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(6) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(7) $2,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405,
and for grants for wrongful conviction review;
(8) $13,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section
401 of Public Law 110-403;
(9) $2,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(10) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(11) $8,000,000 for an initiative relating to children
exposed to violence;
(12) $22,250,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(13) $1,000,000 for the National Sex Offender Public
Website;
(14) $5,000,000 for competitive and evidence-based programs
to reduce gun crime and gang violence;
(15) $73,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
(16) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(17) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(18) $41,000,000 for a grant program for community-based
sexual assault response reform;
(19) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(20) $30,000,000 for assistance to Indian tribes;
(21) $68,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and
tribal probation or parole supervision efforts and
strategies, and $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy: Provided, That up to
$7,500,000 of funds made available in this paragraph may be
used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive
Housing Model;
(22) $5,000,000 for a veterans treatment courts program;
(23) $11,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products;
(24) $13,000,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(25) $2,000,000 to operate a National Center for Campus
Public Safety;
(26) $27,500,000 for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, of which not less than $750,000 is for a task
force on Federal corrections;
(27) $4,000,000 for additional replication sites employing
the Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, and
for a research project on the effectiveness of the model;
(28) $12,500,000 for the Office of Victims of Crime for
supplemental victims' services and other victim-related
programs and initiatives, including research and statistics,
and for tribal assistance for victims of violence; and
(29) $75,000,000 for the Comprehensive School Safety
Initiative, described in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That section 213 of this Act
shall not apply with respect to the amount made available in
this paragraph:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); and other juvenile
justice programs, $251,500,000, to remain available until
expended as follows--
(1) $55,500,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
[[Page H9095]]
(3) $15,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $3,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities;
(C) $6,000,000 shall be for community-based violence
prevention initiatives, including for public health
approaches to reducing shootings and violence; and
(D) $1,000,000 shall be for grants and technical assistance
in support of the National Forum on Youth Violence
Prevention;
(4) $19,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $68,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act);
(6) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(7) $500,000 for an Internet site providing information and
resources on children of incarcerated parents; and
(8) $2,000,000 for competitive grants focusing on girls in
the juvenile justice system:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (4) and (6) may be
used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $16,300,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''), $208,000,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act: Provided further,
That of the amount provided under this heading--
(1) $7,000,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(2) $180,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (42 U.S.C. 3796dd-3(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts
appropriated under this paragraph, $33,000,000 is for
improving tribal law enforcement, including hiring,
equipment, training, and anti-methamphetamine activities:
Provided further, That of the amounts appropriated under this
paragraph, $7,500,000 is for community policing development
activities in furtherance of the purposes in section 1701:
Provided further, That within the amounts appropriated under
this paragraph, $5,000,000 is for the collaborative reform
model of technical assistance in furtherance of the purposes
in section 1701;
(3) $7,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers;
(4) $7,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $7,000,000 is for competitive grants to support
regional anti-gang task forces.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2015, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002
(Public Law 107-296; 28 U.S.C. 599B) without limitation on
the number of employees or the positions covered.
Sec. 207. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 208. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 209. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 210. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 211. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 212. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 213. At the discretion of the Attorney General, and
in addition to any amounts
[[Page H9096]]
that otherwise may be available (or authorized to be made
available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and
Statistics'', ``State and Local Law Enforcement Assistance'',
and ``Juvenile Justice Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 214. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2012 through 2015 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1)), the requirements under section
2976(g)(1) of such part.
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1)
and (2)), the requirements under section 2978(e)(1) and (2)
of such part.
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(42 U.S.C. 3797q-3), the requirements under section 2904 of
such part.
(4) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 215. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 216. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note), may be used by
a Federal law enforcement officer to facilitate the transfer
of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 217. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2015, except up
to $40,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2015, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) In addition to the amount otherwise provided by this
Act in the first proviso under the heading ``United States
Marshals Service--Federal Prisoner Detention'', not to exceed
$10,000,000 of the excess unobligated balances available
under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2015,
and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section
505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in
fiscal year 2015, $154,700,000 shall be for payments
associated with joint law enforcement operations as
authorized by section 524(c)(1)(I) of title 28, United States
Code.
(e) The Attorney General shall submit a spending plan to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days after
the date of enactment of this Act detailing the planned
distribution of Assets Forfeiture Fund joint law enforcement
operations funding during fiscal year 2015.
(f) Subsections (a) through (d) of this section shall
sunset on September 30, 2015.
Sec. 218. No funds provided in this Act shall be used to
deny the Inspector General of the Department of Justice
timely access to all records, documents, and other materials
in the custody or possession of the Department or to prevent
or impede the Inspector General's access to such records,
documents and other materials, unless in accordance with an
express limitation of section 6(a) of the Inspector General
Act, as amended, consistent with the plain language of the
Inspector General Act, as amended. The Inspector General of
the Department of Justice shall report to the Committees on
Appropriations within five calendar days any failures to
comply with this requirement.
Sec. 219. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76.
This title may be cited as the ``Department of Justice
Appropriations Act, 2015''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,555,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$5,244,700,000, to remain available until September 30, 2016:
Provided, That the formulation and development costs (with
development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall
not exceed $8,000,000,000: Provided further, That should the
individual identified under subsection (c)(2)(E) of section
30104 of title 51, United States Code, as responsible for the
James Webb Space Telescope determine that the development
cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent
threshold described in subsection (f) of section 30104:
Provided further, That $100,000,000 shall be for pre-
formulation and/or formulation activities for a mission that
meets the science goals outlined for the Jupiter Europa
mission in the most recent planetary science decadal survey.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$651,000,000, to remain available until September 30, 2016.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $596,000,000, to remain available until September
30, 2016.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$4,356,700,000, to remain available until September 30, 2016:
Provided, That not less than $1,194,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,051,300,000 shall be for the Space Launch
System, which shall have a lift capability not less than 130
metric tons and which shall have an upper stage and other
core elements developed simultaneously: Provided further,
That of the funds
[[Page H9097]]
made available for the Space Launch System, $1,700,000,000
shall be for launch vehicle development and $351,300,000
shall be for exploration ground systems: Provided further,
That the National Aeronautics and Space Administration (NASA)
shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the
annual budget submission, a 5 year budget profile and funding
projection that adheres to a 70 percent Joint Confidence
Level (JCL) and is consistent with the Key Decision Point C
(KDP-C) for the Space Launch System and with the future KDP-C
for the Orion Multi-Purpose Crew Vehicle: Provided further,
That in complying with the preceding proviso NASA shall
include budget profiles and funding projections that conform
to the KDP-C management agreement for development completion
of the Space Launch System by December 2017, and the
management agreement for the Orion Multi-Purpose Crew Vehicle
upon completing KDP-C: Provided further, That in no case
shall the JCL of the Space Launch System or the Orion Multi-
Purpose Crew Vehicle be less than the guidance outlined in
NASA Procedural Requirements 7120.5E: Provided further, That
funds made available for the Orion Multi-Purpose Crew Vehicle
and Space Launch System are in addition to funds provided for
these programs under the ``Construction and Environmental
Compliance and Restoration'' heading: Provided further, That
$805,000,000 shall be for commercial spaceflight activities:
Provided further, That $306,400,000 shall be for exploration
research and development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$3,827,800,000, to remain available until September 30, 2016.
education
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $119,000,000, to remain available
until September 30, 2016, of which $18,000,000 shall be for
the Experimental Program to Stimulate Competitive Research
and $40,000,000 shall be for the National Space Grant College
program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,758,900,000, to
remain available until September 30, 2016.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $419,100,000, to remain available
until September 30, 2020: Provided, That of the $429,100,000
provided for in direct obligations under this heading,
$419,100,000 is appropriated from the general fund and
$10,000,000 is provided from recoveries of prior year
obligations: Provided further, That proceeds from leases
deposited into this account shall be available for a period
of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2015 in an amount not to exceed
$9,584,100: Provided further, That each annual budget
request shall include an annual estimate of gross receipts
and collections and proposed use of all funds collected
pursuant to section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,000,000, of which $500,000 shall remain available until
September 30, 2016.
administrative provisions
(including transfer of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(transfer of funds)
The unexpired balances of a previous account, for
activities for which funds are provided in this Act, may be
transferred to the new account established in this Act that
provides such activities. Balances so transferred shall be
merged with the funds in the newly established account, but
shall be available under the same terms, conditions and
period of time as previously appropriated.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $5,933,645,000, to remain available until September
30, 2016, of which not to exceed $520,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation: Provided
further, That not less than $159,690,000 shall be available
for activities authorized by section 7002(c)(2)(A)(iv) of
Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $200,760,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $866,000,000, to remain available until
September 30, 2016: Provided, That not less than $60,890,000
shall be available for activities authorized by section 7030
of Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $325,000,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2015 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year: Provided further, That
of the amount provided for costs associated with the
acquisition, occupancy, and related costs of new headquarters
space, not more than $27,370,000 shall remain available until
expended.
[[Page H9098]]
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$14,430,000, of which $400,000 shall remain available until
September 30, 2016.
administrative provision
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
This title may be cited as the ``Science Appropriations
Act, 2015''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,200,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days: Provided further, That
none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information Non-
Discrimination Act (GINA) of 2008 (Public Law 110-233), the
ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$30,000,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$364,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $84,500,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$375,000,000, of which $343,150,000 is for basic field
programs and required independent audits; $4,350,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $18,500,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,000,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this
Act shall be applicable to the Legal Services Corporation:
Provided further, That, for the purposes of section 505 of
this Act, the Legal Services Corporation shall be considered
an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2014 and 2015, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,340,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$54,250,000, of which $1,000,000 shall remain available until
expended: Provided, That not to exceed $124,000 shall be
available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which
$500,000 shall remain available until September 30, 2016:
Provided, That not to exceed $2,250 shall be available for
official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act,
the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2015, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds by
agencies (excluding agencies of the Department of Justice)
funded by this Act and 45 days in advance of such
reprogramming of funds by agencies of the Department of
Justice funded by this Act.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any
[[Page H9099]]
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(42 U.S.C. 10601) in any fiscal year in excess of
$2,361,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation $10,000,000 shall remain available
until expended to the Department of Justice Office of
Inspector General for oversight and auditing purposes.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 514. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 515. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined that the acquisition of such system is in
the national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 516. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 517. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
[[Page H9100]]
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 519. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 520. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 521. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 522. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2015 until the enactment of the
Intelligence Authorization Act for fiscal year 2015.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances available to the
Department of Commerce, the following funds are hereby
rescinded, not later than September 30, 2015, from the
following accounts in the specified amounts--
(1) ``Departmental Management, Franchise Fund'',
$2,906,000; and
(2) ``Economic Development Administration, Economic
Development Assistance Programs'', $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2015, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $99,000,000;
(2) ``Tactical Law Enforcement Wireless Communications'',
$2,000,000;
(3) ``Detention Trustee'', $23,000,000;
(4) ``Legal Activities, Assets Forfeiture Fund'',
$193,000,000;
(5) ``Legal Activities, Salaries and Expenses, General
Legal Activities'', $10,000,000;
(6) ``Legal Activities, Salaries and Expenses, Antitrust
Division'', $6,000,000;
(7) ``Salaries and Expenses, United States Attorneys'',
$9,000,000;
(8) ``United States Marshals Service, Federal Prisoner
Detention'', $188,000,000;
(9) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses'', $3,200,000;
(10) ``State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Prevention
and Prosecution Programs'', $16,000,000;
(11) ``State and Local Law Enforcement Activities, Office
of Justice Programs'', $82,500,000; and
(12) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $40,000,000.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2015, specifying the amount of each rescission
made pursuant to subsections (a) and (b).
Sec. 525. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 526. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States unless
such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of
Federal employees in attendance are law enforcement personnel
stationed outside the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 528. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 529. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 530. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 531. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take
[[Page H9101]]
to resolve undisbursed balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 532. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate,
implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP has
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate no later than 30 days prior to
the activity in question and shall include a description of
the purpose of the activity, its agenda, its major
participants, and its location and timing.
Sec. 533. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 534. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 535. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation shall submit spending plans,
signed by the respective department or agency head, to the
Committees on Appropriations of the House of Representatives
and the Senate within 45 days after the date of enactment of
this Act.
Sec. 536. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 537. None of the funds made available by this Act
under the heading ``Pacific Coastal Salmon Recovery'' may be
used for grant guidelines or requirements to establish
minimum riparian buffers.
Sec. 538. None of the funds made available in this Act to
the Department of Justice may be used, with respect to the
States of Alabama, Alaska, Arizona, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Hawaii,
Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada,
New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island,
South Carolina, Tennessee, Utah, Vermont, Washington, and
Wisconsin, to prevent such States from implementing their own
State laws that authorize the use, distribution, possession,
or cultivation of medical marijuana.
Sec. 539. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 540. (a) None of the funds made available by this Act
may be used to relinquish the responsibility of the National
Telecommunications and Information Administration during
fiscal year 2015 with respect to Internet domain name system
functions, including responsibility with respect to the
authoritative root zone file and the Internet Assigned
Numbers Authority functions.
(b) Subsection (a) of this section shall expire on
September 30, 2015.
Sec. 541. (a) In General.--During the period beginning on
January 1, 2015, and ending on December 31, 2015, the
provisions of chapter 3 of title II of the Trade Act of 1974
(19 U.S.C. 2341 et seq.), as in effect on December 31, 2014,
shall apply, except that in applying and administering such
provisions, section 256(b) of that Act shall be applied and
administered by substituting ``$16,000,000 for the period
beginning on January 1, 2015, and ending December 31, 2015''
for ``$16,000,000 for each of fiscal years 2003 through 2007,
and $4,000,000 for the 3-month period beginning on October 1,
2007''.
(b) Termination.--During the period beginning on January 1,
2015, and ending on December 31, 2015, section 285 of the
Trade Act of 1974 (19 U.S.C. 2271 note), as in effect on
December 31, 2014, shall apply, except that in applying and
administering that section, subsection (b) of that section
shall be applied and administered as if paragraph (1) read as
follows:
``(1) Assistance for firms.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 3 after December
31, 2015.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 3 on or before December 31,
2015, may be provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.''.
TITLE VI--TRAVEL PROMOTION, ENHANCEMENT, AND MODERNIZATION ACT OF 2014
SEC. 601. SHORT TITLE.
This title may be cited as the ``Travel Promotion,
Enhancement, and Modernization Act of 2014''.
SEC. 602. BOARD OF DIRECTORS.
Subsection (b)(2)(A) of the Travel Promotion Act of 2009
(22 U.S.C. 2131(b)(2)(A)) is amended--
(1) in the matter preceding clause (i)--
(A) in the first sentence, by striking ``promotion and
marketing'' and inserting ``promotion or marketing''; and
(B) by inserting after the first sentence the following:
``At least 5 members of the board shall have experience
working in United States multinational entities with
marketing budgets. At least 2 members of the board shall be
audit committee financial experts (as defined by the
Securities and Exchange Commission in accordance with section
407 of Public Law 107-204 (15 U.S.C. 7265)). All members of
the board shall be a current or former chief executive
officer, chief financial officer, or chief marketing officer,
or have held an equivalent management position.''; and
(2) in clause (x), by striking ``intercity passenger
railroad business'' and inserting ``land or sea passenger
transportation sector''.
SEC. 603. ANNUAL REPORT TO CONGRESS.
Subsection (c)(3) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(c)(3)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (I);
and
(3) by inserting after subparagraph (F) the following:
``(G) a description of, and rationales for, the
Corporation's efforts to focus on specific countries and
populations;
``(H)(i) a description of, and rationales for, the
Corporation's combination of media channels employed in
meeting the promotional objectives of its marketing campaign;
``(ii) the ratio in which such channels are used; and
``(iii) a justification for the use and ratio of such
channels; and''.
SEC. 604. BIANNUAL REVIEW OF PROCEDURES TO DETERMINE FAIR
MARKET VALUE OF GOODS AND SERVICES.
Subsection (d)(3) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(d)(3)) is amended--
(1) in subparagraph (B)(ii), by striking ``80 percent'' and
inserting ``70 percent''; and
(2) by adding at the end the following:
``(E) Maintenance of an in-kind contributions policy.--The
Corporation shall maintain an in-kind contributions policy.
``(F) Formalized procedures for in-kind contributions
policy.--Not later than 90 days after the date of enactment
of the Travel Promotion, Enhancement, and Modernization Act
of 2014, the Secretary of Commerce, in coordination with the
Corporation, shall establish formal, publicly available
procedures specifying time frames and conditions for--
``(i) making and agreeing to revisions of the Corporation's
in-kind contributions policy; and
``(ii) addressing and resolving disagreements between the
Corporation and its partners, including the Secretary of
Commerce, regarding the in-kind contributions policy.
``(G) Biannual review of procedures to determine fair
market value of goods and services.--The Corporation and the
Secretary of Commerce (or their designees) shall meet on a
biannual basis to review the procedures to determine the fair
market value of goods and services received from non-Federal
sources by the Corporation under subparagraph (B).''.
SEC. 605. EXTENSION OF TRAVEL PROMOTION ACT OF 2009.
(a) In General.--The Travel Promotion Act of 2009 (22
U.S.C. 2131) is amended--
[[Page H9102]]
(1) in subsection (b)(5)(A)(iv), by striking ``all States
and the District of Columbia'' and inserting ``all States and
territories of the United States and the District of
Columbia,''; and
(2) in subsection (d)--
(A) in paragraph (2)(B), by striking ``2015'' and inserting
``2020''; and
(B) in paragraph (4)(B), by striking ``fiscal year 2011,
2012, 2013, 2014, or 2015'' and inserting ``each of the
fiscal years 2011 through 2020''.
(b) Sunset of Travel Promotion Fund Fee.--Section
217(h)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3)(B)(iii)) is amended by striking ``September
30, 2015'' and inserting ``September 30, 2020''.
SEC. 606. ACCOUNTABILITY; PROCUREMENT REQUIREMENTS.
The Travel Promotion Act of 2009 (22 U.S.C. 2131), as
amended by this Act, is further amended--
(1) by redesignating subsections (e), (f), (g), and (h) as
subsections (h), (e), (i), and (j), respectively;
(2) by moving subsection (e) (as so redesignated) so that
it follows subsection (d);
(3) in paragraph (2) of subsection (c), by striking
``$5,000,000'' and inserting ``$500,000''; and
(4) by inserting after subsection (e), as redesignated, the
following:
``(f) Accountability.--
``(1) Performance plans and measures.--Not later than 90
days after the date of the enactment of the Travel Promotion,
Enhancement, and Modernization Act of 2014, the Corporation
shall--
``(A) establish performance metrics including, time frames,
evaluation methodologies, and data sources for measuring--
``(i) the effectiveness of marketing efforts by the
Corporation, including its progress in achieving the long-
term goals of increased traveler visits to and spending in
the United States;
``(ii) whether increases in visitation and spending have
occurred in response to external influences, such as economic
conditions or exchange rates, rather than in response to the
efforts of the Corporation; and
``(iii) any cost or benefit to the economy of the United
States; and
``(B) conduct periodic program evaluations in response to
the data resulting from measurements under subparagraph (A).
``(2) GAO accountability.--Not later than 60 days after the
date on which the Corporation receives a report from the
Government Accountability Office with recommendations for the
Corporation, the Corporation shall submit a report to
Congress that describes the actions taken by the Corporation
in response to the recommendations in such report.
``(g) Procurement Requirements.--The Corporation shall--
``(1) establish a competitive procurement process; and
``(2) certify in its annual report to Congress under
subsection (c)(3) that any contracts entered into were in
compliance with the established competitive procurement
process.''.
SEC. 607. REPEAL OF ASSESSMENT AUTHORITY.
The Travel Promotion Act of 2009 (22 U.S.C. 2131), as
amended by this Act, is further amended by striking
subsection (e) (as redesignated by section 606(1) of this
Act).
TITLE VII--REVITALIZE AMERICAN MANUFACTURING AND INNOVATION ACT OF 2014
SEC. 701. SHORT TITLE.
This title may be cited as the ``Revitalize American
Manufacturing and Innovation Act of 2014''.
SEC. 702. FINDINGS.
Congress finds the following:
(1) In 2012, manufacturers contributed $2.03 trillion to
the economy, or \1/8\ of United States Gross Domestic
Product.
(2) For every $1.00 spent in manufacturing, another $1.32
is added to the economy, the highest multiplier effect of any
economic sector.
(3) Manufacturing supports an estimated 17,400,000 jobs in
the United States--about 1 in 6 private-sector jobs. More
than 12,000,000 Americans (or 9 percent of the workforce) are
employed directly in manufacturing.
(4) In 2012, the average manufacturing worker in the United
States earned $77,505 annually, including pay and benefits.
The average worker in all industries earned $62,063.
(5) Taken alone, manufacturing in the United States would
be the 8th largest economy in the world.
(6) Manufacturers in the United States perform two-thirds
of all private-sector research and development in the United
States, driving more innovation than any other sector.
SEC. 703. ESTABLISHMENT OF NETWORK FOR MANUFACTURING
INNOVATION.
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended--
(1) by redesignating section 34 as section 35; and
(2) by inserting after section 33 (15 U.S.C. 278r) the
following:
``SEC. 34. NETWORK FOR MANUFACTURING INNOVATION.
``(a) Establishment of Network for Manufacturing Innovation
Program.--
``(1) In general.--The Secretary shall establish within the
Institute a program to be known as the `Network for
Manufacturing Innovation Program' (referred to in this
section as the `Program').
``(2) Purposes of program.--The purposes of the Program
are--
``(A) to improve the competitiveness of United States
manufacturing and to increase the production of goods
manufactured predominantly within the United States;
``(B) to stimulate United States leadership in advanced
manufacturing research, innovation, and technology;
``(C) to facilitate the transition of innovative
technologies into scalable, cost-effective, and high-
performing manufacturing capabilities;
``(D) to facilitate access by manufacturing enterprises to
capital-intensive infrastructure, including high-performance
electronics and computing, and the supply chains that enable
these technologies;
``(E) to accelerate the development of an advanced
manufacturing workforce;
``(F) to facilitate peer exchange of and the documentation
of best practices in addressing advanced manufacturing
challenges;
``(G) to leverage non-Federal sources of support to promote
a stable and sustainable business model without the need for
long-term Federal funding; and
``(H) to create and preserve jobs.
``(3) Support.--The Secretary, acting through the Director,
shall carry out the purposes set forth in paragraph (2) by
supporting--
``(A) the Network for Manufacturing Innovation established
under subsection (b); and
``(B) the establishment of centers for manufacturing
innovation.
``(4) Director.--The Secretary shall carry out the Program
through the Director.
``(b) Establishment of Network for Manufacturing
Innovation.--
``(1) In general.--As part of the Program, the Secretary
shall establish a network of centers for manufacturing
innovation.
``(2) Designation.--The network established under paragraph
(1) shall be known as the `Network for Manufacturing
Innovation' (referred to in this section as the `Network').
``(c) Centers for Manufacturing Innovation.--
``(1) In general.--For purposes of this section, a `center
for manufacturing innovation' is a center that--
``(A) has been established by a person or group of persons
to address challenges in advanced manufacturing and to assist
manufacturers in retaining or expanding industrial production
and jobs in the United States;
``(B) has a predominant focus on a manufacturing process,
novel material, enabling technology, supply chain integration
methodology, or another relevant aspect of advanced
manufacturing, such as nanotechnology applications, advanced
ceramics, photonics and optics, composites, biobased and
advanced materials, flexible hybrid technologies, and tool
development for microelectronics;
``(C) as determined by the Secretary, has the potential--
``(i) to improve the competitiveness of United States
manufacturing, including key advanced manufacturing
technologies such as nanotechnology, advanced ceramics,
photonics and optics, composites, biobased and advanced
materials, flexible hybrid technologies, and tool development
for microelectronics;
``(ii) to accelerate non-Federal investment in advanced
manufacturing production capacity in the United States; or
``(iii) to enable the commercial application of new
technologies or industry-wide manufacturing processes; and
``(D) includes active participation among representatives
from multiple industrial entities, research universities,
community colleges, and such other entities as the Secretary
considers appropriate, which may include industry-led
consortia, career and technical education schools, Federal
laboratories, State, local, and tribal governments,
businesses, educational institutions, and nonprofit
organizations.
``(2) Activities.--Activities of a center for manufacturing
innovation may include the following:
``(A) Research, development, and demonstration projects,
including proof-of-concept development and prototyping, to
reduce the cost, time, and risk of commercializing new
technologies and improvements in existing technologies,
processes, products, and research and development of
materials to solve precompetitive industrial problems with
economic or national security implications.
``(B) Development and implementation of education,
training, and workforce recruitment courses, materials, and
programs.
``(C) Development of innovative methodologies and practices
for supply chain integration and introduction of new
technologies into supply chains.
``(D) Outreach and engagement with small and medium-sized
manufacturing enterprises, including women and minority owned
manufacturing enterprises, in addition to large manufacturing
enterprises.
``(E) Such other activities as the Secretary, in
consultation with Federal departments and agencies whose
missions contribute to or are affected by advanced
manufacturing, considers consistent with the purposes
described in subsection (a)(2).
``(3) Additional centers for manufacturing innovation.--
``(A) In general.--The National Additive Manufacturing
Innovation Institute and other manufacturing centers formally
recognized as manufacturing innovation centers
[[Page H9103]]
pursuant to Federal law or executive actions, or under
pending interagency review for such recognition as of the
date of enactment of the Revitalize American Manufacturing
and Innovation Act of 2014, shall be considered centers for
manufacturing innovation, but such centers shall not receive
any financial assistance under subsection (d).
``(B) Network participation.--A manufacturing center that
is substantially similar to those established under this
subsection but that does not receive financial assistance
under subsection (d) may, upon request of the center, be
recognized as a center for manufacturing innovation by the
Secretary for purposes of participation in the Network.
``(d) Financial Assistance to Establish and Support Centers
for Manufacturing Innovation.--
``(1) In general.--In carrying out the Program, the
Secretary shall award financial assistance to a person or
group of persons to assist the organization in planning,
establishing, or supporting a center for manufacturing
innovation.
``(2) Application.--A person or group of persons seeking
financial assistance under paragraph (1) shall submit to the
Secretary an application therefor at such time, in such
manner, and containing such information as the Secretary may
require. The application shall, at a minimum, describe the
specific sources and amounts of non-Federal financial support
for the center on the date financial assistance is sought, as
well as the anticipated sources and amounts of non-Federal
financial support during the period for which the center
could be eligible for continued Federal financial assistance
under this section.
``(3) Open process.--In soliciting applications for
financial assistance under paragraph (1), the Secretary shall
ensure an open process that will allow for the consideration
of all applications relevant to advanced manufacturing
regardless of technology area.
``(4) Selection.--
``(A) Competitive, merit review.--In awarding financial
assistance under paragraph (1), the Secretary shall use a
competitive, merit review process that includes peer review
by a diverse group of individuals with relevant expertise
from both the private and public sectors.
``(B) Participation in process.--
``(i) In general.--No political appointee may participate
on a peer review panel. The Secretary shall implement a
conflict of interest policy that ensures public transparency
and accountability, and requires full disclosure of any real
or potential conflicts of interest on the parts of
individuals that participate in the merit selection process.
``(ii) Definition.--For purposes of this subparagraph, the
term `political appointee' means any individual who--
``(I) is employed in a position described under sections
5312 through 5316 of title 5, United States Code, (relating
to the Executive Schedule);
``(II) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5, United States
Code; or
``(III) is employed in a position in the executive branch
of the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5 of the Code of Federal Regulations.
``(C) Performance measurement, transparency, and
accountability.--For each award of financial assistance under
paragraph (1), the Secretary shall--
``(i) make publicly available at the time of the award a
description of the bases for the award, including an
explanation of the relative merits of the winning applicant
as compared to other applications received, if applicable;
and
``(ii) develop and implement metrics-based performance
measures to assess the effectiveness of the activities
funded.
``(D) Collaboration.--In awarding financial assistance
under paragraph (1), the Secretary shall, acting through the
National Program Office established under subsection (f)(1),
collaborate with Federal departments and agencies whose
missions contribute to or are affected by advanced
manufacturing.
``(E) Considerations.--In selecting a person who submitted
an application under paragraph (2) for an award of financial
assistance under paragraph (1), the Secretary shall consider,
at a minimum, the following:
``(i) The potential of the center for manufacturing
innovation to advance domestic manufacturing and the
likelihood of economic impact, including the creation or
preservation of jobs, in the predominant focus areas of the
center for manufacturing innovation.
``(ii) The commitment of continued financial support,
advice, participation, and other contributions from non-
Federal sources, to provide leverage and resources to promote
a stable and sustainable business model without the need for
long-term Federal funding.
``(iii) Whether the financial support provided to the
center for manufacturing innovation from non-Federal sources
significantly exceeds the requested Federal financial
assistance.
``(iv) How the center for manufacturing innovation will
increase the non-Federal investment in advanced manufacturing
research in the United States.
``(v) How the center for manufacturing innovation will
engage with small and medium-sized manufacturing enterprises,
to improve the capacity of such enterprises to commercialize
new processes and technologies.
``(vi) How the center for manufacturing innovation will
carry out educational and workforce activities that meet
industrial needs related to the predominant focus areas of
the center.
``(vii) How the center for manufacturing innovation will
advance economic competitiveness and generate substantial
benefits to the Nation that extend beyond the direct return
to participants in the Program.
``(viii) Whether the predominant focus of the center for
manufacturing innovation is a manufacturing process, novel
material, enabling technology, supply chain integration
methodology, or other relevant aspect of advanced
manufacturing that has not already been commercialized,
marketed, distributed, or sold by another entity.
``(ix) How the center for manufacturing innovation will
strengthen and leverage the assets of a region.
``(x) How the center for manufacturing will encourage the
education and training of veterans and individuals with
disabilities.
``(5) Limitations on awards.--
``(A) In general.--No award of financial assistance may be
made under paragraph (1) to a center of manufacturing
innovation after the 7-year period beginning on the date on
which the Secretary first awards financial assistance to that
center under that paragraph.
``(B) Matching funds and preferences.--The total Federal
financial assistance awarded to a center of manufacturing
innovation, including the financial assistance under
paragraph (1), in a given year shall not exceed 50 percent of
the total funding of the center in that year, except that the
Secretary may make an exception in the case of large capital
facilities or equipment purchases. The Secretary shall give
weighted preference to applicants seeking less than the
maximum Federal share of funds allowed under this paragraph.
``(C) Funding decrease.--The amount of financial assistance
provided to a center of manufacturing innovation under
paragraph (1) shall decrease after the second year of funding
for the center, and shall continue to decrease thereafter in
each year in which financial assistance is provided, unless
the Secretary determines that--
``(i) the center is otherwise meeting its stated goals and
metrics under this section;
``(ii) unforeseen circumstances have altered the center's
anticipated funding; and
``(iii) the center can identify future non-Federal funding
sources that would warrant a temporary exemption from the
limitations established in this subparagraph.
``(e) Funding.--
``(1) General rule.--Except as provided in paragraph (2),
no funds are authorized to be appropriated by the Revitalize
American Manufacturing and Innovation Act of 2014 for
carrying out this section.
``(2) Authority.--
``(A) NIST industrial technical services account.--To the
extent provided for in advance by appropriations Acts, the
Secretary may use not to exceed $5,000,000 for each of the
fiscal years 2015 through 2024 to carry out this section from
amounts appropriated to the Institute for Industrial
Technical Services.
``(B) Energy efficiency and renewable energy account.--To
the extent provided for in advance by appropriations Acts,
the Secretary of Energy may transfer to the Institute not to
exceed $250,000,000 for the period encompassing fiscal years
2015 through 2024 for the Secretary to carry out this section
from amounts appropriated for advanced manufacturing research
and development within the Energy Efficiency and Renewable
Energy account for the Department of Energy.
``(f) National Program Office.--
``(1) Establishment.--The Secretary shall establish, within
the Institute, the National Office of the Network for
Manufacturing Innovation Program (referred to in this section
as the `National Program Office'), which shall oversee and
carry out the Program.
``(2) Functions.--The functions of the National Program
Office are--
``(A) to oversee the planning, management, and coordination
of the Program;
``(B) to enter into memorandums of understanding with
Federal departments and agencies whose missions contribute to
or are affected by advanced manufacturing, to carry out the
purposes described in subsection (a)(2);
``(C) to develop, not later than 1 year after the date of
enactment of the Revitalize American Manufacturing and
Innovation Act of 2014, and update not less frequently than
once every 3 years thereafter, a strategic plan to guide the
Program;
``(D) to establish such procedures, processes, and criteria
as may be necessary and appropriate to maximize cooperation
and coordinate the activities of the Program with programs
and activities of other Federal departments and agencies
whose missions contribute to or are affected by advanced
manufacturing;
``(E) to establish a clearinghouse of public information
related to the activities of the Program; and
``(F) to act as a convener of the Network.
``(3) Recommendations.--In developing and updating the
strategic plan under paragraph (2)(C), the Secretary shall
solicit recommendations and advice from a wide range of
stakeholders, including industry, small
[[Page H9104]]
and medium-sized manufacturing enterprises, research
universities, community colleges, and other relevant
organizations and institutions on an ongoing basis.
``(4) Report to congress.--Upon completion, the Secretary
shall transmit the strategic plan required under paragraph
(2)(C) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
``(5) Hollings manufacturing extension partnership.--The
Secretary shall ensure that the National Program Office
incorporates the Hollings Manufacturing Extension Partnership
into Program planning to ensure that the results of the
Program reach small and medium-sized entities.
``(6) Detailees.--Any Federal Government employee may be
detailed to the National Program Office without
reimbursement. Such detail shall be without interruption or
loss of civil service status or privilege.
``(g) Reporting and Auditing.--
``(1) Annual reports to the secretary.--
``(A) In general.--The Secretary shall require each
recipient of financial assistance under subsection (d)(1) to
annually submit a report to the Secretary that describes the
finances and performance of the center for manufacturing
innovation for which such assistance was awarded.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include--
``(i) an accounting of expenditures of amounts awarded to
the recipient under subsection (d)(1); and
``(ii) consistent with the metrics-based performance
measures developed and implemented by the Secretary under
this section, a description of the performance of the center
for manufacturing innovation with respect to--
``(I) its goals, plans, financial support, and
accomplishments; and
``(II) how the center for manufacturing innovation has
furthered the purposes described in subsection (a)(2).
``(2) Annual reports to congress.--
``(A) In general.--Not less frequently than once each year
until December 31, 2024, the Secretary shall submit a report
to Congress that describes the performance of the Program
during the most recent 1-year period.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include, for the period covered by the report--
``(i) a summary and assessment of the reports received by
the Secretary under paragraph (1);
``(ii) an accounting of the funds expended by the Secretary
under the Program, including any temporary exemptions granted
from the requirements of subsection (d)(5)(C);
``(iii) an assessment of the participation in, and
contributions to, the Network by any centers for
manufacturing innovation not receiving financial assistance
under subsection (d)(1); and
``(iv) an assessment of the Program with respect to meeting
the purposes described in subsection (a)(2).
``(3) Assessments by gao.--
``(A) Assessments.--Not less frequently than once every 2
years, the Comptroller General shall submit to Congress an
assessment of the operation of the Program during the most
recent 2-year period.
``(B) Final assessment.--Not later than December 31, 2024,
the Comptroller General shall submit to Congress a final
report regarding the overall success of the Program.
``(C) Elements.--Each assessment submitted under
subparagraph (A) or (B) shall include, for the period covered
by the report--
``(i) a review of the management, coordination, and
industry utility of the Program;
``(ii) an assessment of the extent to which the Program has
furthered the purposes described in subsection (a)(2);
``(iii) such recommendations for legislative and
administrative action as the Comptroller General considers
appropriate to improve the Program; and
``(iv) an assessment as to whether any prior
recommendations for improvement made by the Comptroller
General have been implemented or adopted.
``(h) Additional Authorities.--
``(1) Appointment of personnel and contracts.--The
Secretary may appoint such personnel and enter into such
contracts, financial assistance agreements, and other
agreements as the Secretary considers necessary or
appropriate to carry out the Program, including support for
research and development activities involving a center for
manufacturing innovation.
``(2) Transfer of funds.--Of amounts available under the
authority provided by subsection (e), the Secretary may
transfer to other Federal agencies such sums as the Secretary
considers necessary or appropriate to carry out the Program.
No funds so transferred may be used to reimburse or otherwise
pay for the costs of financial assistance incurred or
commitments of financial assistance made prior to the date of
enactment of the Revitalize American Manufacturing and
Innovation Act of 2014.
``(3) Authority of other agencies.--In the event that the
Secretary exercises the authority to transfer funds to
another agency under paragraph (2), such agency may accept
such funds to award and administer, under the same conditions
and constraints applicable to the Secretary, all aspects of
financial assistance awards under this section.
``(4) Use of resources.--In furtherance of the purposes of
the Program, the Secretary may use, with the consent of a
covered entity and with or without reimbursement, the land,
services, equipment, personnel, and facilities of such
covered entity.
``(5) Acceptance of resources.--In addition to amounts
appropriated to carry out the Program, the Secretary may
accept funds, services, equipment, personnel, and facilities
from any covered entity to carry out the Program, subject to
the same conditions and constraints otherwise applicable to
the Secretary under this section and such funds may only be
obligated to the extent provided for in advance by
appropriations Acts.
``(6) Covered entity.--For purposes of this subsection, a
covered entity is any Federal department, Federal agency,
instrumentality of the United States, State, local
government, tribal government, territory, or possession of
the United States, or of any political subdivision thereof,
or international organization, or any public or private
entity or individual.
``(i) Patents.--Chapter 18 of title 35, United States Code,
shall apply to any funding agreement (as defined in section
201 of that title) awarded to new or existing centers for
manufacturing innovation.''.
SEC. 704. NATIONAL STRATEGIC PLAN FOR ADVANCED MANUFACTURING.
Section 102 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6622) is amended--
(1) in subsection (a), by adding at the end the following:
``In furtherance of the Committee's work, the Committee shall
consult with the National Economic Council.'';
(2) in subsection (b), by striking paragraph (7) and
inserting the following:
``(7) develop and update a national strategic plan for
advanced manufacturing in accordance with subsection (c).'';
and
(3) by striking subsection (c) and inserting the following:
``(c) National Strategic Plan for Advanced Manufacturing.--
``(1) In general.--The President shall submit to Congress,
and publish on an Internet website that is accessible to the
public, the strategic plan developed under paragraph (2).
``(2) Development.--The Committee shall develop, and update
as required under paragraph (4), in coordination with the
National Economic Council, a strategic plan to improve
Government coordination and provide long-term guidance for
Federal programs and activities in support of United States
manufacturing competitiveness, including advanced
manufacturing research and development.
``(3) Contents.--The strategic plan described in paragraph
(2) shall--
``(A) specify and prioritize near-term and long-term
objectives, including research and development objectives,
the anticipated time frame for achieving the objectives, and
the metrics for use in assessing progress toward the
objectives;
``(B) describe the progress made in achieving the
objectives from prior strategic plans, including a discussion
of why specific objectives were not met;
``(C) specify the role, including the programs and
activities, of each relevant Federal agency in meeting the
objectives of the strategic plan;
``(D) describe how the Federal agencies and Federally
funded research and development centers supporting advanced
manufacturing research and development will foster the
transfer of research and development results into new
manufacturing technologies and United States-based
manufacturing of new products and processes for the benefit
of society to ensure national, energy, and economic security;
``(E) describe how such Federal agencies and centers will
strengthen all levels of manufacturing education and training
programs to ensure an adequate, well-trained workforce;
``(F) describe how such Federal agencies and centers will
assist small and medium-sized manufacturers in developing and
implementing new products and processes;
``(G) analyze factors that impact innovation and
competitiveness for United States advanced manufacturing,
including--
``(i) technology transfer and commercialization activities;
``(ii) the adequacy of the national security industrial
base;
``(iii) the capabilities of the domestic manufacturing
workforce;
``(iv) export opportunities and trade policies;
``(v) financing, investment, and taxation policies and
practices;
``(vi) emerging technologies and markets;
``(vii) advanced manufacturing research and development
undertaken by competing nations; and
``(viii) the capabilities of the manufacturing workforce of
competing nations; and
``(H) elicit and consider the recommendations of a wide
range of stakeholders, including representatives from diverse
manufacturing companies, academia, and other relevant
organizations and institutions.
``(4) Updates.--Not later than May 1, 2018, and not less
frequently than once every 4 years thereafter, the President
shall submit to Congress, and publish on an Internet website
that is accessible to the public, an update of the strategic
plan submitted under paragraph (1). Such updates shall be
developed in accordance with the procedures set forth under
this subsection.
``(5) Requirement to consider strategy in the budget.--In
preparing the budget for a fiscal year under section 1105(a)
of title 31,
[[Page H9105]]
United States Code, the President shall include information
regarding the consistency of the budget with the goals and
recommendations included in the strategic plan developed
under this subsection applying to that fiscal year.
``(6) AMP steering committee input.--The Advanced
Manufacturing Partnership Steering Committee of the
President's Council of Advisors on Science and Technology
shall provide input, perspective, and recommendations to
assist in the development and updates of the strategic plan
under this subsection.''.
SEC. 705. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Establishment.--The Secretary shall establish a
regional innovation program to encourage and support the
development of regional innovation strategies, including
regional innovation clusters.
``(b) Cluster Grants.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may award grants on a
competitive basis to eligible recipients for activities
relating to the formation and development of regional
innovation clusters.
``(2) Permissible activities.--Grants awarded under this
subsection may be used for activities determined appropriate
by the Secretary, including the following:
``(A) Feasibility studies.
``(B) Planning activities.
``(C) Technical assistance.
``(D) Developing or strengthening communication and
collaboration between and among participants of a regional
innovation cluster.
``(E) Attracting additional participants to a regional
innovation cluster.
``(F) Facilitating market development of products and
services developed by a regional innovation cluster,
including through demonstration, deployment, technology
transfer, and commercialization activities.
``(G) Developing relationships between a regional
innovation cluster and entities or clusters in other regions.
``(H) Interacting with the public and State and local
governments to meet the goals of the cluster.
``(3) Eligible recipient defined.--In this subsection, the
term `eligible recipient' means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that--
``(i) is a nonprofit organization, an institution of higher
education, a public-private partnership, a science or
research park, a Federal laboratory, or an economic
development organization or similar entity; and
``(ii) has an application that is supported by a State or a
political subdivision of a State; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(4) Application.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(B) Components.--The application shall include, at a
minimum, a description of the regional innovation cluster
supported by the proposed activity, including a description
of--
``(i) whether the regional innovation cluster is supported
by the private sector, State and local governments, and other
relevant stakeholders;
``(ii) how the existing participants in the regional
innovation cluster will encourage and solicit participation
by all types of entities that might benefit from
participation, including newly formed entities and those
rival existing participants;
``(iii) the extent to which the regional innovation cluster
is likely to stimulate innovation and have a positive impact
on regional economic growth and development;
``(iv) whether the participants in the regional innovation
cluster have access to, or contribute to, a well-trained
workforce;
``(v) whether the participants in the regional innovation
cluster are capable of attracting additional funds from non-
Federal sources; and
``(vi) the likelihood that the participants in the regional
innovation cluster will be able to sustain activities once
grant funds under this subsection have been expended.
``(C) Special consideration.--The Secretary shall give
special consideration to applications from regions that
contain communities negatively impacted by trade.
``(5) Special consideration.--The Secretary shall give
special consideration to an eligible recipient who agrees to
collaborate with local workforce investment area boards.
``(6) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under
this subsection.
``(7) Outreach to rural communities.--The Secretary shall
conduct outreach to public and private sector entities in
rural communities to encourage those entities to participate
in regional innovation cluster activities under this
subsection.
``(8) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(c) Regional Innovation Research and Information
Program.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary shall establish a regional
innovation research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation strategies (including
regional innovation clusters), including information relating
to how innovation, productivity, and economic development can
be maximized through such strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
strategies (including regional innovation clusters);
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
strategies (including regional innovation clusters),
including the extent to which such strategies stimulate
innovation, productivity, and economic development; and
``(D) to collect and make available data on regional
innovation cluster activity in the United States, including
data on--
``(i) the size, specialization, and competitiveness of
regional innovation clusters;
``(ii) the regional domestic product contribution, total
jobs and earnings by key occupations, establishment size,
nature of specialization, patents, Federal research and
development spending, and other relevant information for
regional innovation clusters; and
``(iii) supply chain product and service flows within and
between regional innovation clusters.
``(2) Research grants.--The Secretary may award research
grants on a competitive basis to support and further the
goals of the program established under this subsection.
``(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established in
this subsection shall be made available to other Federal
agencies, State and local governments, and nonprofit and for-
profit entities.
``(4) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any grant
under subsection (b) into the program established under this
subsection.
``(d) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce or
other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multiagency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the
needs and challenges of small businesses.
``(e) Evaluation.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Revitalize American Manufacturing and
Innovation Act of 2014, the Secretary shall enter into a
contract with an independent entity, such as the National
Academy of Sciences, to conduct an evaluation of the program
established under subsection (a).
``(2) Requirements.--The evaluation shall include--
``(A) whether the program is achieving its goals;
``(B) any recommendations for how the program may be
improved; and
``(C) a recommendation as to whether the program should be
continued or terminated.
``(f) Definitions.--In this section:
``(1) Regional innovation cluster.--The term `regional
innovation cluster' means a geographically bounded network of
similar, synergistic, or complementary entities that--
``(A) are engaged in or with a particular industry sector
and its related sectors;
``(B) have active channels for business transactions and
communication;
``(C) share specialized infrastructure, labor markets, and
services; and
``(D) leverage the region's unique competitive strengths to
stimulate innovation and create jobs.
``(2) State.--The term `State' means one of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any other
territory or possession of the United States.
``(g) Funding.--
``(1) General rule.--Except as provided in paragraph (2),
no funds are authorized to be appropriated by the Revitalize
American Manufacturing and Innovation Act of 2014 for
carrying out this section.
``(2) Authority.--To the extent provided for in advance by
appropriations Acts, the Secretary may use not to exceed
$10,000,000 for each of the fiscal years 2015 through 2019 to
carry out this section from amounts appropriated for economic
development assistance programs.''.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2015''.
[[Page H9106]]
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $41,116,129,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $27,453,200,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$12,828,931,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $27,376,462,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,317,859,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,835,924,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $660,424,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,653,148,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,643,832,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,118,709,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$31,961,920,000: Provided, That not to exceed $12,478,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $37,590,854,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,610,063,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $34,539,965,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $30,824,752,000: Provided, That not
more than $15,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $35,045,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,881,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
[[Page H9107]]
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,513,393,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,021,200,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $270,846,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,026,342,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $6,175,951,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,408,558,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,723,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $201,560,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $277,294,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $408,716,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,547,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $250,853,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$103,000,000, to remain available until September 30, 2016.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by
contract or by grants, for facilitating the elimination and
the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs
relating to the training and support of defense and military
personnel for demilitarization and protection of weapons,
weapons components, and weapons technology and expertise, and
for defense and military contacts, $365,108,000, to remain
available until September 30, 2017.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $83,034,000.
[[Page H9108]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,216,225,000, to remain available for obligation until
September 30, 2017.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,208,692,000, to remain available for obligation until
September 30, 2017.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,722,136,000, to remain available for
obligation until September 30, 2017.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,015,477,000, to remain available for obligation until
September 30, 2017.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,747,523,000, to remain available for obligation until
September 30, 2017.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $14,758,035,000, to remain available
for obligation until September 30, 2017.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,137,257,000, to remain available for obligation until
September 30, 2017.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$674,100,000, to remain available for obligation until
September 30, 2017.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $1,219,425,000;
Virginia Class Submarine, $3,530,254,000;
Virginia Class Submarine (AP), $2,301,825,000;
CVN Refueling Overhauls (AP), $483,600,000;
DDG-1000 Program, $419,532,000;
DDG-51 Destroyer, $2,661,907,000;
DDG-51 Destroyer (AP), $134,039,000;
Littoral Combat Ship, $1,507,049,000;
LPD-17, $1,000,000,000;
LHA Replacement, $29,093,000;
Joint High Speed Vessel, $200,000,000;
Moored Training Ship, $737,268,000;
Moored Training Ship (AP), $64,388,000;
Ship to Shore Connector, $159,600,000;
LCAC Service Life Extension Program, $40,485,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $474,629,000.
Completion of Prior Year Shipbuilding Programs,
$991,285,000.
In all: $15,954,379,000, to remain available for obligation
until September 30, 2019: Provided, That additional
obligations may be incurred after September 30, 2019, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$5,846,558,000, to remain available for obligation until
September 30, 2017.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, $935,209,000,
to remain available for obligation until September 30, 2017.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
[[Page H9109]]
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$12,067,703,000, to remain available for obligation until
September 30, 2017.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor; ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$4,629,662,000, to remain available for obligation until
September 30, 2017.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$659,909,000, to remain available for obligation until
September 30, 2017.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $16,781,266,000, to remain available for obligation
until September 30, 2017.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,429,303,000, to remain
available for obligation until September 30, 2017.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$51,638,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $6,675,565,000, to remain available
for obligation until September 30, 2016.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $15,958,460,000, to remain
available for obligation until September 30, 2016: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $23,643,983,000, to remain
available for obligation until September 30, 2016.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $17,225,889,000, to
remain available for obligation until September 30, 2016:
Provided, That of the funds made available in this paragraph,
$225,000,000 for the Defense Rapid Innovation Program shall
only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct
research, development, test and evaluation to include proof
of concept demonstration; engineering, testing, and
validation; and transition to full-scale production:
Provided further, That the Secretary of Defense may transfer
funds provided herein for the Defense Rapid Innovation
Program to appropriations for research, development, test and
evaluation to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $209,378,000, to remain available for obligation
until September 30, 2016.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,649,468,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $485,012,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be
the award of a new contract: Provided further, That none of
the funds provided in this paragraph shall be used to award a
new contract for the construction, acquisition, or conversion
of vessels, including procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future: Provided further, That the
Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso
on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $32,069,772,000; of which $30,030,650,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2016, and of which up to $14,718,018,000
may be available for contracts entered into under the TRICARE
program; of which $308,413,000, to remain available for
obligation until September 30, 2017, shall be for
procurement; and of which $1,730,709,000, to remain available
for obligation until September 30, 2016, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the
[[Page H9110]]
funds provided under this heading for operation and
maintenance, procurement, and research, development, test and
evaluation for the Interagency Program Office, the Defense
Healthcare Management Systems Modernization (DHMSM) program,
and the Defense Medical Information Exchange, not more than
25 percent may be obligated until the Secretary of Defense
submits to the Government Accountability Office and the
Committees on Appropriations of the House of Representatives
and the Senate, and such Committees approve, a plan for
expenditure that describes: (1) the status of the final
request for proposal for DHMSM and how the program office
used comments received from industry from draft requests for
proposal to refine the final request for proposal; (2) any
changes to the deployment timeline, including benchmarks, for
full operating capability; (3) any refinements to the cost
estimate for full operating capability and the total life
cycle cost of the project; (4) an assurance that the
acquisition strategy will comply with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government; (5) the status of the
effort to achieve interoperability between the electronic
health record systems of the Department of Defense and the
Department of Veterans Affairs, including the scope, cost,
schedule, mapping to health data standards, and performance
benchmarks of the interoperable record; and (6) the progress
toward developing, implementing, and fielding the
interoperable electronic health record throughout the two
Departments' medical facilities.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $802,268,000, of which $196,128,000 shall
be for operation and maintenance, of which no less than
$52,102,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,016,000 for
activities on military installations and $31,086,000, to
remain available until September 30, 2016, to assist State
and local governments; $10,227,000 shall be for procurement,
to remain available until September 30, 2017, of which
$3,225,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $595,913,000, to remain available until September 30,
2016, shall be for research, development, test and
evaluation, of which $575,808,000 shall only be for the
Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $950,687,000, of which $669,631,000
shall be for counter-narcotics support; $105,591,000 shall be
for the drug demand reduction program; and $175,465,000 shall
be for the National Guard counter-drug program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $311,830,000, of which
$309,430,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; of which $1,000,000, to
remain available until September 30, 2017, shall be for
procurement; and of which $1,400,000, to remain available
until September 30, 2016, shall be for research, development,
test and evaluation.
Support for International Sporting Competitions
For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $10,000,000,
to remain available until expended.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $507,600,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2015: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
[[Page H9111]]
baseline for application of reprogramming and transfer
authorities for fiscal year 2015: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2015, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2016 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2016 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2016.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
(including transfer of funds)
Sec. 8017. In addition to amounts provided elsewhere in
this Act, there is appropriated $175,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct,
[[Page H9112]]
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address
capacity or facility condition deficiencies at such schools:
Provided further, That in making such funds available, the
Office of Economic Adjustment or the Secretary of Education
shall give priority consideration to those military
installations with schools having the most serious capacity
or facility condition deficiencies as determined by the
Secretary of Defense: Provided further, That a matching
share, as outlined by the Department of Defense in the
guidelines published in the September 9, 2011, Federal
Register (76 Fed. Reg. 55883), is required to be provided by
the local education authority or the State in which the
school is located: Provided further, That these provisions
apply to funds provided under this section, and to funds
previously provided by Congress to construct, renovate,
repair, or expand elementary and secondary public schools on
military installations in order to address capacity or
facility condition deficiencies at such schools to the extent
such funds remain unobligated on the date of enactment of
this section.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable, unsuitable, or unsafe for further
use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act,
$15,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8023. (a) Of the funds made available in this Act, not
less than $39,500,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $10,400,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2015 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2015,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2016 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $40,000,000.
Sec. 8025. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2015. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
[[Page H9113]]
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2016 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2016 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2016 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8033. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2016: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2016.
Sec. 8034. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8035. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8036. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8037. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided,
That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8038. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of
[[Page H9114]]
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Aircraft Procurement, Army'', 2013/2015, $18,242,000;
``Weapons and Tracked Combat Vehicles, Army'', 2013/2015,
$5,000,000;
``Other Procurement, Army'', 2013/2015, $97,000,000;
``Aircraft Procurement, Navy'', 2013/2015, $47,200,000;
``Procurement, Marine Corps'', 2013/2015, $40,217,000;
``Aircraft Procurement, Air Force'', 2013/2015,
$64,600,000;
``Missile Procurement, Air Force'', 2013/2015, $13,800,000;
``Aircraft Procurement, Army'', 2014/2016, $30,000,000;
``Other Procurement, Army'', 2014/2016, $213,998,000;
``Aircraft Procurement, Navy'', 2014/2016, $196,622,000;
``Weapons Procurement, Navy'', 2014/2016, $63,400,000;
``Other Procurement, Navy'', 2014/2016, $1,505,000;
``Aircraft Procurement, Air Force'', 2014/2016,
$83,400,000;
``Missile Procurement, Air Force'', 2014/2016,
$157,209,000;
``Procurement, Defense-Wide'', 2014/2016, $12,100,000;
``Research, Development, Test and Evaluation Army'', 2014/
2015, $5,000,000;
``Research, Development, Test and Evaluation, Air Force'',
2014/2015, $37,000,000; and
``Research, Development, Test and Evaluation, Navy'', 2014/
2015, $141,727,000.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. Of the amounts appropriated for ``Working
Capital Fund, Army'', $225,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8047. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year and hereafter may be obligated or
expended to transfer to another nation or an international
organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant
[[Page H9115]]
to section 2012 of title 10, United States Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the
total amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of the
total appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
(including transfer of funds)
Sec. 8056. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$25,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program, and $5,709,000 shall be for support of high priority
Sexual Assault Prevention and Response Program requirements
and activities, including the training and funding of
personnel: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8057. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction
does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in
the national security interest to do so.
Sec. 8058. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8059. (a) In General.--(1) None of the funds made
available by this Act may be used for any training,
equipment, or other assistance for a unit of a foreign
security force if the Secretary of Defense has credible
information that the unit has committed a gross violation of
human rights.
(2) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
provide any training, equipment, or other assistance to a
unit of a foreign security force full consideration is given
to any credible information available to the Department of
State relating to human rights violations by such unit.
(b) Exception.--The prohibition in subsection (a)(1) shall
not apply if the Secretary of Defense, after consultation
with the Secretary of State, determines that the government
of such country has taken all necessary corrective steps, or
if the equipment or other assistance is necessary to assist
in disaster relief operations or other humanitarian or
national security emergencies.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a)(1) if the Secretary of Defense determines that
such waiver is required by extraordinary circumstances.
(d) Procedures.--The Secretary of Defense shall establish,
and periodically update, procedures to ensure that any
information in the possession of the Department of Defense
about gross violations of human rights by units of foreign
security forces is shared on a timely basis with the
Department of State.
(e) Report.--Not more than 15 days after the application of
any exception under subsection (b) or the exercise of any
waiver under subsection (c), the Secretary of Defense shall
submit to the appropriate congressional committees a report--
(1) in the case of an exception under subsection (b),
providing notice of the use of the exception and stating the
grounds for the exception; and
(2) in the case of a waiver under subsection (c),
describing the information relating to the gross violation of
human rights; the extraordinary circumstances that
necessitate the waiver; the purpose and duration of the
training, equipment, or other assistance; and the United
States forces and the foreign security force unit involved.
(f) Definition.--For purposes of this section the term
``appropriate congressional committees'' means the
congressional defense committees and the Committees on
Appropriations.
Sec. 8060. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8062. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8063. During the current fiscal year and hereafter,
none of the funds available to the Department of Defense may
be used to provide support to another department or agency of
the United States if such department or agency is more than
90 days in arrears in making payment to the Department of
Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That
this restriction shall not apply if the department is
authorized by law to provide support to such department or
agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority: Provided
further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
[[Page H9116]]
Sec. 8064. Notwithstanding section 12310(b) of title 10,
United States Code, a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title
32, United States Code, may perform duties in support of the
ground-based elements of the National Ballistic Missile
Defense System.
Sec. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8066. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8067. In specifying the amounts requested for the
Department of the Army for Arlington National Cemetery,
Virginia, the budget of the President submitted to Congress
shall request such amounts in the Cemeterial Expenses, Army
appropriation, and shall not request such amounts in the
Operation and Maintenance, Army appropriation.
Sec. 8068. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $106,189,900
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8070. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(e) This section shall not be construed to alter or affect
the application of section 1627 of the National Defense
Authorization Act for Fiscal Year 2015 to the amounts made
available by this Act.
(including transfer of funds)
Sec. 8071. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to
the Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with
the source of funds and a detailed justification, execution
plan, and timeline for each proposed project.
Sec. 8072. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
Sec. 8073. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
(including transfer of funds)
Sec. 8074. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$619,814,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $350,972,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$137,934,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures; $74,707,000 shall be for an
upper-tier component to the Israeli Missile Defense
Architecture; and $56,201,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8075. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$991,285,000 shall be available until September 30, 2015, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2015: Carrier Replacement Program $663,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2009/2015: LPD-17 Amphibious Transport Dock Program
$54,096,000;
[[Page H9117]]
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2010/2015: DDG-51 Destroyer $65,771,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2010/2015: Littoral Combat Ship $35,345,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: DDG-51 Destroyer $63,373,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: Littoral Combat Ship $41,700,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: Joint High Speed Vessel $9,340,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2015: CVN Refueling Overhauls Program
$54,000,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2015: Joint High Speed Vessel $2,620,000; and
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2015: Joint High Speed Vessel $2,040,000.
Sec. 8076. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2015 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2015.
Sec. 8077. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8078. The budget of the President for fiscal year
2016 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8079. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8080. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $386,268,000.
Sec. 8081. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8082. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8083. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
Sec. 8084. Of the amounts appropriated for ``Missile
Procurement, Air Force'', $125,000,000 shall be available for
the acceleration of a competitively awarded Evolved
Expendable Launch Vehicle mission: Provided, That
competitions shall be open to all certified providers of
Evolved Expendable Launch Vehicle-class systems: Provided
further, That competitions shall consider bids from two or
more certified providers: Provided further, That
notwithstanding any other provision of law, such providers
may compete any certified launch vehicle in their inventory.
(including transfer of funds)
Sec. 8085. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided,
That the Secretary may transfer not to exceed $16,000,000
under the authority provided by this section: Provided
further, That the Secretary may not transfer any funds until
30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same
period of availability as when originally appropriated:
Provided further, That the transfer authority provided by
this section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8086. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8087. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8088. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2016.
Sec. 8089. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8090. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2015:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8091. None of the funds made available by this Act
may be used to eliminate, restructure or realign Army
Contracting Command-New Jersey or make disproportionate
personnel reductions at any Army Contracting Command-New
Jersey sites without 30-day prior notification to the
congressional defense committees.
Sec. 8092. None of the funds made available by this Act
for excess defense articles, assistance under section 1206 of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), or peacekeeping
operations for the countries designated annually to be in
violation of the standards of the Child Soldiers Prevention
Act of 2008 may be used to support any military training or
operation that includes child soldiers, as defined by the
Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22
U.S.C. 2370c-1), unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention
Act of 2008.
[[Page H9118]]
(including transfer of funds)
Sec. 8093. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8094. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) or the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8095. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8096. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8097. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Inherent Resolve, Operation Enduring Freedom, and any named
successor operations, on a monthly basis and any other
operation designated and identified by the Secretary of
Defense for the purposes of section 127a of title 10, United
States Code, on a semi-annual basis in the Cost of War
Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency
Operations'', Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8098. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8099. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances and transfer to the Defense Acquisition Workforce
Development Fund in accordance with section 1705 of title 10,
United States Code.
Sec. 8100. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8101. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8102. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $146,857,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8103. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex.
Sec. 8104. None of the funds appropriated or otherwise
made available by this Act and hereafter may be obligated or
expended to pay a retired general or flag officer to serve as
a senior mentor advising the Department of Defense unless
such retired officer files a Standard Form 278 (or successor
form concerning public financial disclosure under part 2634
of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8105. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $250,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 8106. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used by
the Department of Defense or a component thereof in
contravention of section 1243 of the National Defense
Authorization Act for Fiscal Year 2015, relating to
limitations on providing certain missile defense information
to the Russian Federation.
Sec. 8107. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 3,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in
part if: (1) the Secretary of Defense certifies to Congress
that
[[Page H9119]]
levels of service at existing intersections in the vicinity
of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 8108. The Secretary of Defense shall report quarterly
the numbers of civilian personnel end strength by
appropriation account for each and every appropriation
account used to finance Federal civilian personnel salaries
to the congressional defense committees within 15 days after
the end of each fiscal quarter.
(including transfer of funds)
Sec. 8109. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2015.
(including transfer of funds)
Sec. 8110. There is appropriated $540,000,000 for the
``Ship Modernization, Operations and Sustainment Fund'', to
remain available until September 30, 2021: Provided, That
the Secretary of the Navy shall transfer funds from the
``Ship Modernization, Operations and Sustainment Fund'' to
appropriations for operation and maintenance; research,
development, test and evaluation; and procurement, only for
the purposes of operating, sustaining, equipping and
modernizing the Ticonderoga-class guided missile cruisers CG-
63, CG-64, CG-65, CG-66, CG-67, CG-68, CG-69, CG-70, CG-71,
CG-72, CG-73, and the Whidbey Island-class dock landing ships
LSD-41, LSD-42, and LSD-46: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriation to which they are transferred: Provided
further, That the transfer authority provided herein shall be
in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary
of the Navy shall, not less than 30 days prior to making any
transfer from the ``Ship Modernization, Operations and
Sustainment Fund'', notify the congressional defense
committees in writing of the details of such transfer:
Provided further, That the Secretary of the Navy shall
transfer and obligate funds from the ``Ship Modernization,
Operations and Sustainment Fund'' for modernization of not
more than two Ticonderoga-class guided missile cruisers as
detailed above in fiscal year 2015: Provided further, That
no more than six Ticonderoga-class guided missile cruisers
shall be in a phased modernization at any time: Provided
further, That the Secretary of the Navy shall contract for
the required modernization equipment in the year prior to
inducting a Ticonderoga-class cruiser for modernization:
Provided further, That the prohibition in section 2244a(a) of
title 10, United States Code, shall not apply to the use of
any funds transferred pursuant to this section.
Sec. 8111. None of the funds appropriated in this Act may
be obligated or expended by the Secretary of a military
department in contravention of the provisions of section 352
of the National Defense Authorization Act for Fiscal Year
2014 to adopt any new camouflage pattern design or uniform
fabric for any combat or camouflage utility uniform or family
of uniforms for use by an Armed Force.
Sec. 8112. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8113. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8114. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1035 of the
National Defense Authorization Act for Fiscal Year 2014.
Sec. 8115. None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the
requirements of section 106(g) or (h) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8116. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8117. None of the funds made available by this Act
may be used by the Department of Defense or any other Federal
agency to lease or purchase new light duty vehicles, for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8118. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8119. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8120. None of the funds appropriated in this or any
other Act may be obligated or expended by the United States
Government for the direct personal benefit of the President
of Afghanistan.
Sec. 8121. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary may prescribe, to
local military commanders appointed by the Secretary of
Defense, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a
program under subsection (a) shall not be considered an
admission or acknowledgement of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a program under subsection (a) to be appropriate
in a particular setting, the amounts of payments,
[[Page H9120]]
if any, to be provided to civilians determined to have
suffered harm incident to combat operations of the Armed
Forces under the program should be determined pursuant to
regulations prescribed by the Secretary and based on an
assessment, which should include such factors as cultural
appropriateness and prevailing economic conditions.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied shall be kept by the local
commander and on a timely basis submitted to the appropriate
office in the Department of Defense as determined by the
Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
(h) Limitation.--Nothing in this section shall be deemed to
provide any new authority to the Secretary of Defense.
Sec. 8122. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
Sec. 8123. The Secretary of Defense shall post grant
awards on a public Web site in a searchable format.
Sec. 8124. None of the funds made available by this Act
may be used to cancel the avionics modernization program of
record for C-130 aircraft: Provided, That the Secretary of
the Air Force may proceed with a reduced scope program to
address safety and airspace compliance requirements, using
funds provided in this bill and previous funds appropriated
for the avionics modernization program of record, consistent
with the National Defense Authorization Act for Fiscal Year
2015.
Sec. 8125. None of the funds made available by this Act
may be used by the Secretary of the Air Force to reduce the
force structure at Lajes Field, Azores, Portugal, below the
force structure at such Air Force Base as of October 1, 2013,
except in accordance with section 1063 of the National
Defense Authorization Act for Fiscal Year 2015.
Sec. 8126. None of the Operation and Maintenance funds
made available in this Act may be used in contravention of
section 41106 of title 49, United States Code.
Sec. 8127. None of the funds made available by this Act
may be used to fund the performance of a flight demonstration
team at a location outside of the United States: Provided,
That this prohibition applies only if a performance of a
flight demonstration team at a location within the United
States was canceled during the current fiscal year due to
insufficient funding.
Sec. 8128. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
(including transfer of funds)
Sec. 8129. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
(including transfer of funds)
Sec. 8130. In addition to amounts provided elsewhere in
this Act for basic allowance for housing for military
personnel, including active duty, reserve and National Guard
personnel, $88,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
military personnel accounts: Provided, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8131. None of the funds made available by this Act
may be obligated or expended to divest E-3 airborne warning
and control system aircraft, or disestablish any units of the
active or reserve component associated with such aircraft:
Provided, That not later than 90 days following the date of
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report
providing a detailed explanation of how the Secretary will
meet the priority requirements of the commanders of the
combatant commands related to airborne warning and control
with a fleet of fewer than 31 E-3 aircraft.
Sec. 8132. None of the funds made available by this Act
may be obligated or expended to implement the Arms Trade
Treaty until the Senate approves a resolution of ratification
for the Treaty.
Sec. 8133. None of the funds made available by this Act
may be used to transfer or divest AH-64 Apache helicopters
from the Army National Guard to the active Army in fiscal
year 2015: Provided, That the Secretary of the Army shall
ensure the continuing readiness of the AH-64 Apache aircraft
and ensure the training of the crews of such aircraft during
fiscal year 2015, including the allocation of funds for
operation and maintenance and personnel connected with such
aircraft: Provided further, That this section shall continue
in effect through the date of enactment of the National
Defense Authorization Act for Fiscal Year 2015.
Sec. 8134. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided, That none of the funds
made available in this Act may be used under such section
1208 for any activity that is not in support of an ongoing
military operation being conducted by United States Special
Operations Forces to combat terrorism: Provided further,
That the Secretary of Defense may waive the prohibitions in
this section if the Secretary determines that such waiver is
required by extraordinary circumstances and, by not later
than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8135. (a) Within 90 days of enactment of this Act, the
Secretary of Defense shall submit a report to the
congressional defense committees to assess whether the
justification and approval requirements under section 811 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2405) have, inconsistent with
the intent of Congress--
(1) negatively impacted the ability of covered entities to
be awarded sole-source contracts with the Department of
Defense greater than $20,000,000;
(2) discouraged agencies from awarding contracts greater
than $20,000,000 to covered entities; and
(3) been misconstrued and/or inconsistently implemented.
(b) The Comptroller General shall analyze and report to the
congressional defense committees on the sufficiency of the
Department's report in addressing the requirements; review
the extent to which section 811 has negatively impacted the
ability of covered entities to be awarded sole-source
contracts with the Department, discouraged agencies from
awarding contracts, or been misconstrued and/or
inconsistently implemented.
Sec. 8136. The Secretary of the Air Force shall designate
a facility located on Scott Air Force Base, Illinois, to be
named after Senator Alan J. Dixon in recognition of his
significant public service achievements.
Sec. 8137. None of the funds in this Act may be used to
require that seafood procured for the Department of Defense
from sustainably managed fisheries in the United States, as
determined by the National Marine Fisheries Service, be
required to additionally meet sustainability certification
criteria prescribed by third-party nongovernmental
organizations.
Sec. 8138. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officers'
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8139. None of the funds appropriated or otherwise
made available by this Act may be used to retire, divest, or
transfer, or to prepare or plan for the retirement,
divestment, or transfer of, the entire KC-10 fleet during
fiscal year 2015.
Sec. 8140. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8141. None of the funds made available by this Act
may be used to divest, retire, transfer, or place in storage,
or prepare to divest, retire, transfer, or place in storage,
any A-10 aircraft, or to disestablish any units of the active
or reserve component associated with such aircraft.
[[Page H9121]]
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$3,259,970,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$332,166,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $403,311,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $728,334,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,990,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$13,953,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $5,069,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $19,175,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $174,778,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $4,894,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $18,108,656,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $6,253,819,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,850,984,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,076,383,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $6,211,025,000: Provided, That of the funds
provided under this heading, not to exceed $1,260,000,000, to
remain available until September 30, 2016, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and Iraq: Provided further, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
and stability operations in Afghanistan and Iraq, and 15 days
following notification to the appropriate congressional
committees: Provided further, That these funds may be used
to reimburse the government of Jordan, in such amounts as the
Secretary of Defense may determine, to maintain the ability
of the Jordanian armed forces to maintain security along the
border between Jordan and Syria, upon 15 days prior written
notification to the congressional defense committees
outlining the amounts reimbursed and the nature of the
expenses to be reimbursed: Provided further, That not to
exceed $15,000,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential
military purposes: Provided further, That the authority in
the preceding proviso may only be used for emergency and
extraordinary expenses associated with activities to counter
the Islamic State of Iraq and the Levant: Provided further,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds
provided in this paragraph: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $41,532,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $45,876,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $10,540,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $77,794,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $77,661,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $22,600,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,109,333,000, to remain available
[[Page H9122]]
until September 30, 2016: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the
Commander, Combined Security Transition Command--Afghanistan,
or the Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding: Provided
further, That the authority to provide assistance under this
heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That
the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any
proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred
to the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to
the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional
defense committees: Provided further, That of the funds
provided under this heading, not less than $25,000,000 shall
be for recruitment and retention of women in the Afghanistan
National Security Forces, and the recruitment and training of
female security personnel for the 2015 parliamentary
elections: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Iraq Train and Equip Fund
For the ``Iraq Train and Equip Fund'', $1,618,000,000, to
remain available until September 30, 2016: Provided, That
such funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, pursuant to section
1236 of the National Defense Authorization Act for Fiscal
Year 2015, to provide assistance, including training;
equipment; logistics support, supplies, and services;
stipends; infrastructure repair, renovation, and sustainment
to military and other security forces of or associated with
the Government of Iraq, including Kurdish and tribal security
forces or other local security forces, with a national
security mission, to counter the Islamic State in Iraq and
the Levant: Provided further, That the Secretary of Defense
shall ensure that prior to providing assistance to elements
of any forces such elements are appropriately vetted,
including at a minimum, assessing such elements for
associations with terrorist groups or groups associated with
the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of
law: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-
kind, from foreign governments, including the Government of
Iraq, and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of
funds for the purposes provided herein from any foreign
government or other entities, may be credited to this Fund,
to remain available until expended, and used for such
purposes: Provided further, That not more than 25 percent of
the funds appropriated under this heading may be obligated or
expended until not fewer than 15 days after (1) the Secretary
of Defense submits a report to the appropriate congressional
committees, describing the plan for the provision of such
training and assistance and the forces designated to receive
such assistance, and (2) the President submits a report to
the appropriate congressional committees on how assistance
provided under this heading supports a larger regional
strategy: Provided further, That of the amount provided
under this heading, not more than 60 percent may be obligated
or expended until not fewer than 15 days after the date on
which the Secretary of Defense certifies to the appropriate
congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has
been contributed by other countries and entities for the
purposes for which funds are provided under this heading, of
which at least 50 percent shall have been contributed or
provided by the Government of Iraq: Provided further, That
the limitation in the preceding proviso shall not apply if
the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be
compromised by the application of the limitation to such
assistance, and notifies the appropriate congressional
committees not less than 15 days in advance of the exemption
taking effect, including a justification for the Secretary's
determination and a description of the assistance to be
exempted from the application of such limitation: Provided
further, That the Secretary of Defense may waive a provision
of law relating to the acquisition of items and support
services or sections 40 and 40A of the Arms Export Control
Act (22 U.S.C. 2780 and 2785) if the Secretary determines
such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice
of and justification for such waiver is submitted to the
appropriate congressional committees: Provided further, That
the term ``appropriate congressional committees'' under this
heading means the ``congressional defense committees'', the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That amounts made available under this heading are designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Counterterrorism Partnerships Fund
(including transfer of funds)
For the ``Counterterrorism Partnerships Fund'',
$1,300,000,000, to remain available until September 30, 2016:
Provided, That such funds shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support, or facilitate
counterterrorism and crisis response activities pursuant to
section 1534 of the National Defense Authorization Act for
Fiscal Year 2015: Provided further, That the Secretary of
Defense shall transfer the funds provided herein to other
appropriations provided for in this Act to be merged with and
to be available for the same purposes and subject to the same
authorities and for the same time period as the appropriation
to which transferred: Provided further, That the transfer
authority under this heading is in addition to any other
transfer authority provided elsewhere in this Act: Provided
further, That the funds available under this heading are
available for transfer only to the extent that the Secretary
of Defense submits a prior approval reprogramming request to
the congressional defense committees: Provided further, That
the Secretary of Defense shall comply with the appropriate
vetting standards and procedures established elsewhere in
this Act for any recipient of training, equipment, or other
assistance: Provided further, That the amount provided under
this heading is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
European Reassurance Initiative
(including transfer of funds)
For the ``European Reassurance Initiative'', $175,000,000,
to remain available until September 30, 2015: Provided, That
such funds shall be available under the authority provided to
the Department of Defense by any other provision of law, for
programs, activities, and assistance to provide support to
the Governments of Ukraine, Estonia, Lithuania and Latvia,
including the provision of training, equipment, and
logistical supplies, support, and services, and the payment
of incremental expenses of the Armed Forces associated with
prepositioning additional equipment and undertaking
additional or extended deployments in such countries and
adjacent waters: Provided further, That the Secretary of
Defense shall transfer the funds provided herein to other
appropriations provided for in this Act to be merged with and
to be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided
further, That the Secretary of Defense shall, not fewer than
15 days prior to transferring amounts from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That upon a determination by the Secretary of
Defense that all or part of the funds transferred from this
appropriation are not necessary for the purposes herein, such
amounts may be transferred back to the appropriation and
shall be available for the same purposes and for the same
time period as originally appropriated: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $196,200,000, to remain available until September 30,
2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page H9123]]
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$32,136,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $5,000,000, to remain
available until September 30, 2017: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $140,905,000, to remain available until September 30,
2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$773,583,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $243,359,000, to remain available until September 30,
2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$66,785,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $154,519,000, to remain available
until September 30, 2017: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$123,710,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$65,589,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $481,019,000, to remain available until September
30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $136,189,000, to remain available until September
30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $219,785,000, to remain available until
September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,607,526,000, to remain available until September
30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$250,386,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $1,200,000,000,
to remain available for obligation until September 30, 2017:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $2,000,000, to remain available until
September 30, 2016: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $36,020,000, to remain available
until September 30, 2016: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $14,706,000, to remain available
until September 30, 2016: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $174,647,000, to remain
available until September 30, 2016: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $91,350,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$300,531,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $205,000,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$444,464,000, to remain available until September 30, 2017:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation;
[[Page H9124]]
and defense working capital funds to accomplish the purpose
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,623,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2015.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $3,500,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2015.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $10,000,000 of the amounts
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each fiscal year quarter, the Secretary
of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further,
That not less than 15 days before making funds available
pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'', up to $140,000,000 may be used by
the Secretary of Defense, notwithstanding any other provision
of law, to support United States Government transition
activities in Iraq by funding the operations and activities
of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and
personal security, and facilities renovation and
construction, and site closeout activities prior to returning
sites to the Government of Iraq: Provided, That to the
extent authorized under the National Defense Authorization
Act for Fiscal Year 2015, the operations and activities that
may be carried out by the Office of Security Cooperation in
Iraq may, with the concurrence of the Secretary of State,
include non-operational training activities in support of
Iraqi Minister of Defense and Counter Terrorism Service
personnel in an institutional environment to address
capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and
maintenance, and to manage and integrate defense-related
institutions: Provided further, That not later than 30 days
following the enactment of this Act, the Secretary of Defense
and the Secretary of State shall submit to the congressional
defense committees a plan for transitioning any such training
activities that they determine are needed after the end of
fiscal year 2015, to existing or new contracts for the sale
of defense articles or defense services consistent with the
provisions of the Arms Export Control Act (22 U.S.C. 2751 et
seq.): Provided further, That not less than 15 days before
making funds available pursuant to the authority provided in
this section, the Secretary of Defense shall submit to the
congressional defense committees a written notice containing
a detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at
each site where such operations and activities will be
conducted during fiscal year 2015.
[[Page H9125]]
Sec. 9012. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in paragraph
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Other Procurement, Army'', 2013/2015, $8,200,000;
``Aircraft Procurement, Army'', 2014/2016, $464,000,000;
and
``Afghanistan Security Forces Fund'', 2014/2015,
$764,380,000.
Sec. 9014. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9015. In addition to the amounts appropriated in this
Act, $250,000,000 is hereby appropriated, notwithstanding any
other provision of law, to conduct surface and subsurface
clearance of unexploded ordnance at closed training ranges
used by the Armed Forces of the United States in Afghanistan:
Provided, That such funds shall be available until September
30, 2016: Provided further, That such ranges shall not have
been transferred to the Islamic Republic of Afghanistan for
use by its armed forces: Provided further, That within 90
days of enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a written
plan to mitigate the threat of unexploded ordnance at such
ranges, including a detailed spend plan: Provided further,
That the Secretary of Defense shall provide the congressional
defense committees written progress reports every 180 days
after the submission of the initial plan, until such funds
are fully expended: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 9016. The Secretary of Defense is authorized, in
coordination with the Secretary of State, to provide
assistance, including training, equipment, supplies,
sustainment and stipends, to appropriately vetted elements of
the Syrian opposition and other appropriately vetted Syrian
groups or individuals for the following purposes: defending
the Syrian people from attacks by the Islamic State of Iraq
and the Levant (ISIL), and securing territory controlled by
the Syrian opposition; protecting the United States, its
friends and allies, and the Syrian people from the threats
posed by terrorists in Syria; and promoting the conditions
for a negotiated settlement to end the conflict in Syria:
Provided, That up to $500,000,000 of funds appropriated for
the Counterterrorism Partnerships Fund may be used for
activities authorized by this section: Provided further,
That the Secretary may accept and retain contributions,
including assistance in-kind, from foreign governments to
carry out activities as authorized by this section and shall
be credited to the appropriate appropriations accounts,
except that any funds so accepted by the Secretary shall not
be available for obligation until a reprogramming action is
submitted to the congressional defense committees: Provided
further, That the President and the Secretary of Defense
shall comply with the reporting requirements in section
149(b)(1), (b)(2), (c), and (d) of the Continuing
Appropriations Resolution, 2015 (Public Law 113-164):
Provided further, That the term ``appropriately vetted'' as
used in this section shall be construed to mean, at a
minimum, assessments of possible recipients for associations
with terrorist groups including the Islamic State of Iraq and
the Levant (ISIL), Jabhat al Nusrah, Ahrar al Sham, other al-
Qaeda related groups, Hezbollah, or Shia militias supporting
the Governments of Syria or Iran; and for commitment to the
rule of law and a peaceful and democratic Syria: Provided
further, That none of the funds used pursuant to this
authority shall be used for the procurement or transfer of
man portable air defense systems: Provided further, That
nothing in this section shall be construed to constitute a
specific statutory authorization for the introduction of the
United States Armed Forces into hostilities or into
situations wherein hostilities are clearly indicated by the
circumstances, in accordance with section 8(a)(1) of the War
Powers Resolution: Provided further, That amounts made
available by this section are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the authority to provide assistance under this section
shall terminate on September 30, 2015.
Sec. 9017. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
(including transfer of funds)
Sec. 9018. In addition to amounts appropriated in title II
or otherwise made available elsewhere in this Act,
$1,000,000,000 is hereby appropriated to the Department of
Defense and made available for transfer to the operation and
maintenance accounts of the Army, Navy, Marine Corps, and Air
Force (including National Guard and reserve) for purposes of
improving military readiness: Provided, That the transfer
authority provided under this provision is in addition to any
other transfer authority provided elsewhere in this Act:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE X
EBOLA RESPONSE AND PREPAREDNESS
PROCUREMENT
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$17,000,000, to remain available until September 30, 2017,
for expenses related to the Ebola outbreak: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $95,000,000, to remain
available until September 30, 2016, for expenses related to
developing technologies that are relevant to the Ebola
outbreak: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Department of Defense
Appropriations Act, 2015''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2015
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief
[[Page H9126]]
of Engineers for authorized civil functions of the Department
of the Army pertaining to river and harbor, flood and storm
damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $122,000,000, to remain
available until expended: Provided, That the Secretary may
initiate up to, but not more than, 10 new study starts during
fiscal year 2015: Provided further, That the new study
starts will consist of seven studies where the majority of
the benefits are derived from navigation transportation
savings or from flood and storm damage reduction and three
studies where the majority of the benefits are derived from
environmental restoration: Provided further, That the
Secretary shall not deviate from the new starts proposed in
the work plan, once the plan has been submitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,639,489,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided,
That the Secretary may initiate up to, but not more than,
four new construction starts during fiscal year 2015:
Provided further, That the new construction starts will
consist of three projects where the majority of the benefits
are derived from navigation transportation savings or from
flood and storm damage reduction and one project where the
majority of the benefits are derived from environmental
restoration: Provided further, That for new construction
projects, project cost sharing agreements shall be executed
as soon as practicable but no later than August 31, 2015:
Provided further, That no allocation for a new start shall be
considered final and no work allowance shall be made until
the Secretary provides to the Committees on Appropriations of
the House of Representatives and the Senate an out-year
funding scenario demonstrating the affordability of the
selected new start and the impacts on other projects:
Provided further, That the Secretary may not deviate from the
new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of the House of
Representatives and the Senate.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$302,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $2,908,511,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2016.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $101,500,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $28,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $178,000,000, to remain available until September
30, 2016, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided, That no part of
any other appropriation provided in title I of this Act shall
be available to fund the civil works activities of the Office
of the Chief of Engineers or the civil works executive
direction and management activities of the division offices:
Provided further, That any Flood Control and Coastal
Emergencies appropriation may be used to fund the supervision
and general administration of emergency operations, repairs,
and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$3,000,000, to remain available until September 30, 2016.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer and rescission of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2015, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs 6
through 10, unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is
[[Page H9127]]
$300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimis Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House
and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $4,700,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 104. Subsection (a)(6) of section 511 of the Water
Resources Development Act of 1996 (16 U.S.C. 3301 note; 110
Stat. 3761-3762; 113 Stat. 375-376; 121 Stat. 1203) is
amended by striking ``$25,000,000'' and inserting
``$43,400,000''.
Sec. 105. The Secretary shall allocate funds made
available in this Act solely in accordance with the
provisions of this Act and the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), including the determination and
designation of new starts.
Sec. 106. None of the funds made available by this Act may
be used to continue the study conducted by the Army Corps of
Engineers pursuant to section 5018(a)(1) of the Water
Resources Development Act of 2007 (Public Law 110-114).
Sec. 107. None of the funds made available in this Act may
be used within the borders of the State of Louisiana by the
Mississippi Valley Division or the Southwestern Division of
the Army Corps of Engineers or any district of the Corps
within such divisions to implement or enforce the mitigation
methodology, referred to as the ``Modified Charleston
Method''.
Sec. 108. (a) Of the funds made available in prior
appropriations Acts for water resources efforts under the
headings ``Corps of Engineers--Civil, Department of the
Army'' that remain unobligated as of the date of enactment of
this Act, including amounts specified in law for particular
projects, programs, or activities, $28,000,000 is rescinded.
(b) None of the funds under subsection (a) may be rescinded
from amounts that the Congress designated as an emergency
requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Sec. 109. None of the funds made available in this or any
other Act making appropriations for Energy and Water
Development for any fiscal year may be used by the Corps of
Engineers during the fiscal year ending September 30, 2015,
to develop, adopt, implement, administer, or enforce any
change to the regulations in effect on October 1, 2012,
pertaining to the definitions of the terms ``fill material''
or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 110. The limited reevaluation report initiated in
fiscal year 2012 for the Mobile Harbor, Alabama navigation
project shall include evaluation of the full depth of the
project as authorized under section 201 of Public Law 99-662
(110 Stat. 4090) at the same non-Federal share of the cost as
in the design agreement executed on August 14, 2012.
Sec. 111. None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251, et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A),(C)).
Sec. 112. The U.S. Environmental Protection Agency and the
U.S. Department of the Army shall withdraw the interpretive
rule, ``U.S. Environmental Protection Agency and the U.S.
Department of the Army Interpretive Rule Regarding the
Applicability of the Clean Water Act Section 404(f)(1)(A),''
signed on March 25, 2014.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $9,874,000, to remain available until
expended, of which $1,000,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use
by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,300,000 shall be available until September 30,
2016, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2015, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $978,131,000, to remain available until
expended, of which $25,000 shall be available for transfer to
the Upper Colorado River Basin Fund and $6,840,000 shall be
available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund or
the Bureau of Reclamation special fee account established by
16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this
account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $56,995,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$37,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED
[[Page H9128]]
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress
in achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2016,
$58,500,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
bureau of reclamation loan program account
(including rescission of funds)
Of the unobligated balances available under this heading,
$500,000 is hereby rescinded.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2015, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term transfer means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Secure Water Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ``$200,000,000''
and inserting ``$300,000,000''.
Sec. 204. Section 301 of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2241) is amended by
striking ``2012'' and inserting ``2017''.
Sec. 205. Title I of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 210 of Public Law 111-85, is amended by striking
``2015'' each place it appears and inserting ``2016''.
Sec. 206. (a) In General.--The Secretary of the Interior
may fund or participate in pilot projects to increase
Colorado River System water in Lake Mead and the initial
units of Colorado River Storage Project reservoirs, as
authorized by the first section of the Act of April 11, 1956
(43 U.S.C. 620), to address the effects of historic drought
conditions.
(b) Administration.--Pilot projects under this section are
authorized to be funded through--
(1) grants by the Secretary to public entities that use
water from the Colorado River Basin for municipal purposes
for projects that are implemented by 1 or more non-Federal
entities; or
(2) grants or other appropriate financial agreements to
provide additional funds for renewing or implementing water
conservation agreements that are in existence on the date of
enactment of this Act.
(c) Limitations.--
(1) Funds in the Upper Colorado River Basin Fund
established by section 5 of the Colorado River Storage
Project Act (43 U.S.C. 620d) and the Lower Colorado River
Basin Development Fund established by section 403 of the
Colorado River Basin Project Act (43 U.S.C. 1543) shall not
be used to carry out this section; and
(2) the authority to fund these pilot projects through
grants shall terminate on September 30, 2018.
(d) Report and Recommendation.--Not later than September
30, 2018, the Secretary shall submit to the Committees on
Appropriations and Natural Resources of the House of
Representatives and the Committees on Appropriations and
Energy and Natural Resources of the Senate a report
evaluating the effectiveness of the pilot projects described
in subsection (a) and a recommendation to Congress whether
the activities undertaken by the pilot projects should be
continued.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer and rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,936,999,858, to
remain available until expended: Provided, That $160,000,000
shall be available until September 30, 2016, for program
direction: Provided further, That, of the amount provided
under this heading, the Secretary may transfer up to
$45,000,000 to the Defense Production Act Fund for activities
of the Department of Energy pursuant to the Defense
Production Act of 1950 (50 U.S.C. App. 2061, et seq.):
Provided further, That $13,064,858 from unobligated balances
available from prior year appropriations provided under this
heading is hereby rescinded, of which $145,204 is from Public
Law 111-8 and $696,654 is from Public Law 111-85: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $147,306,000, to
remain available until expended: Provided, That $27,606,000
shall be available until September 30, 2016, for program
direction.
Nuclear Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition,
[[Page H9129]]
construction, or expansion, $913,500,000, to remain available
until expended: Provided, That, of the amount made available
under this heading, $80,000,000 shall be available until
September 30, 2016, for program direction including official
reception and representation expenses not to exceed $10,000:
Provided further, That, of the funds made available under
this heading in prior years, $80,000,000 of unobligated
balances is hereby rescinded, including up to $18,000,000
from funds provided for program direction activities:
Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act
(Public Law 95-91), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $571,000,000, to remain available until
expended: Provided, That $119,000,000 shall be available
until September 30, 2016, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$19,950,000, to remain available until expended: Provided,
That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Elk Hills School Lands Fund
For necessary expenses in fulfilling the final payment
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106,
$15,579,815, for payment to the State of California for the
State Teachers' Retirement Fund, of which $15,579,815 shall
be derived from the Elk Hills School Lands Fund.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $200,000,000,
to remain available until expended.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $7,600,000, to remain available
until expended: Provided, That of the unobligated balances
from prior year appropriations available under this heading,
$6,000,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$117,000,000, to remain available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $246,000,000, to
remain available until expended: Provided, That funding made
available under this heading may be made available for 15-D-
410 Fort St. Vrain Facility Improvements Project.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $625,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $10,000,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor
vehicles for replacement only, including two buses,
$5,071,000,000, to remain available until expended:
Provided, That $183,700,000 shall be available until
September 30, 2016, for program direction: Provided further,
That no funding may be made available for United States cash
contributions to the International Thermonuclear Experimental
Reactor project until its governing Council implements the
recommendations of the Third Biennial International
Organization Management Assessment Report: Provided further,
That the Secretary of Energy may waive this requirement upon
submission to the Committees on Appropriations of the House
of Representatives and the Senate a determination that the
Council is making satisfactory progress towards
implementation of such recommendations.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), as amended, $280,000,000,
to remain available until expended: Provided, That
$28,000,000 shall be available until September 30, 2016, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That, for
necessary administrative expenses to carry out this Loan
Guarantee program, $42,000,000 is appropriated, to remain
available until September 30, 2016: Provided further, That
$25,000,000 of the fees collected pursuant to section 1702(h)
of the Energy Policy Act of 2005 shall be credited as
offsetting collections to this account to cover
administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2015
appropriation from the general fund estimated at not more
than $17,000,000: Provided further, That fees collected
under section 1702(h) in excess of the amount appropriated
for administrative expenses shall not be available until
appropriated: Provided further, That the Department of
Energy shall not subordinate any loan obligation to other
financing in violation of section 1702 of the Energy Policy
Act of 2005 or subordinate any Guaranteed Obligation to any
loan or other debt obligations in violation of section 609.10
of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $4,000,000, to remain available
until September 30, 2016.
Clean Coal Technology
(including rescission of funds)
Of the unobligated balances from prior year appropriations
under this heading, $6,600,000 is hereby permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $245,142,000, to remain available until
September 30, 2016, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $119,171,000 in fiscal year 2015
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2015 appropriation from the
general fund estimated at not more than $125,971,000:
Provided further, That $31,181,000 is for Energy Policy and
Systems Analysis: Provided further, That of the funds made
available for Energy Policy and Systems Analysis, the
Secretary may obligate only $26,000,000 until the report
required under section 315(f) of this Act has been submitted
to Congress.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $40,500,000, to remain available until
September 30, 2016.
[[Page H9130]]
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed 4 passenger vehicles, $8,231,770,000, to remain
available until expended: Provided, That $97,118,000 shall
be available until September 30, 2016, for program direction:
Provided further, That of the unobligated balances from
prior year appropriations available under this heading,
$45,113,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,641,369,000, to
remain available until expended: Provided, That funds
provided by this Act for Project 99-D-143, Mixed Oxide Fuel
Fabrication Facility, and by prior Acts that remain
unobligated for such Project, may be made available only for
construction and program support activities for such Project:
Provided further, That of the unobligated balances from
prior year appropriations available under this heading,
$24,731,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Naval Reactors
(including rescission of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,238,500,000, to remain
available until expended: Provided, That $41,500,000 shall
be available until September 30, 2016, for program direction:
Provided further, That $4,500,000 from unobligated balances
available from prior year appropriations provided under this
heading is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Salaries and Expenses
For necessary expenses for Federal Salaries and Expenses
(previously the Office of the Administrator) in the National
Nuclear Security Administration, $370,000,000, to remain
available until September 30, 2016, including official
reception and representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one sport utility vehicle, one heavy duty
truck, two ambulances, and one ladder fire truck for
replacement only, $5,010,830,000, to remain available until
expended: Provided, That $280,784,000 shall be available
until September 30, 2016, for program direction: Provided
further, That $10,830,000 from unobligated balances available
from prior year appropriations provided under this heading is
hereby rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Defense Uranium Enrichment Decontamination and Decommissioning
For an additional amount for atomic energy of defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $463,000,000, to be deposited
into the Defense Environmental Cleanup account which shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $754,000,000, to remain available until
expended: Provided, That $249,378,000 shall be available
until September 30, 2016, for program direction.
POWER MARKETING ADMINISTRATION
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Black Canyon Trout Hatchery and, in addition, for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year
2015, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $7,220,000, including official reception and
representation expenses in an amount not to exceed $1,500, to
remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $7,220,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2015
appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to
$73,579,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $46,240,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $34,840,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2015 appropriation estimated at
not more than $11,400,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $53,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That, for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $304,402,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $296,321,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
[[Page H9131]]
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $211,030,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2015 appropriation estimated at
not more than $93,372,000, of which $85,291,000 is derived
from the Reclamation Fund: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $260,510,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That, for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,727,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $4,499,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2015 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2015, the
Administrator of the Western Area Power Administration may
accept up to $802,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $304,389,000,
to remain available until expended: Provided, That of the
amount appropriated herein, not more than $5,400,000 may be
made available for salaries, travel, and other support costs
for the offices of the Commissioners: Provided further, That
notwithstanding any other provision of law, not to exceed
$304,389,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2015 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as revenues are received during fiscal year 2015
so as to result in a final fiscal year 2015 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of the House of Representatives
and the Senate at least 3 full business days in advance, none
of the funds made available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of the House of Representatives and the
Senate within 15 days of the conclusion of each quarter a
report detailing each grant allocation or discretionary grant
award totaling less than $1,000,000 provided during the
previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of the
House of Representatives and the Senate at least 3 days in
advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
the House of Representatives and the Senate at least 30 days
prior to the use of any proposed reprogramming which would
cause any program, project, or activity funding level to
increase or decrease by more than $5,000,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
of any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2015 until the enactment of the Intelligence
Authorization Act for fiscal year 2015.
Sec. 304. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Independent Enterprise Assessments to ensure the project is
in compliance with nuclear safety requirements.
[[Page H9132]]
Sec. 305. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 306. (a) Secretarial Determinations.--In this fiscal
year, and in each subsequent fiscal year, any determination
(including a determination made prior to the date of
enactment of this Act) by the Secretary of Energy under
section 3112(d)(2)(B) of the USEC Privatization Act (110
Stat. 1321-335), as amended, shall be valid for not more than
2 calendar years subsequent to such determination.
(b) Congressional Notification.--In this fiscal year, and
in each subsequent fiscal year, not less than 30 days prior
to the provision of uranium in any form the Secretary of
Energy shall notify the Committees on Appropriations of the
House of Representatives and the Senate of the following--
(1) the provisions of law (including regulations)
authorizing the provision of uranium;
(2) the amount of uranium to be provided;
(3) an estimate by the Secretary of Energy of the gross
fair market value of the uranium on the expected date of the
provision of the uranium;
(4) the expected date of the provision of the uranium;
(5) the recipient of the uranium;
(6) the value the Secretary of Energy expects to receive in
exchange for the uranium, including any adjustments to the
gross fair market value of the uranium; and
(7) whether the uranium to be provided is encumbered by any
restriction on use under an international agreement or
otherwise.
Sec. 307. Notwithstanding section 301(c) of this Act, none
of the funds made available under the heading ``Department of
Energy--Energy Programs--Science'' may be used for a
multiyear contract, grant, cooperative agreement, or Other
Transaction Agreement of $1,000,000 or less unless the
contract, grant, cooperative agreement, or Other Transaction
Agreement is funded for the full period of performance as
anticipated at the time of award.
Sec. 308. In fiscal year 2015 and subsequent fiscal years,
the Secretary of Energy shall submit to the congressional
defense committees (as defined in U.S.C. 101(a)(16)) a
report, on each major warhead refurbishment program that
reaches the Phase 6.3 milestone, that provides an analysis of
alternatives. Such report shall include--
(1) a full description of alternatives considered prior to
the award of Phase 6.3;
(2) a comparison of the costs and benefits of each of those
alternatives, to include an analysis of trade-offs among
cost, schedule, and performance objectives against each
alternative considered;
(3) identification of the cost and risk of critical
technology elements associated with each alternative,
including technology maturity, integration risk,
manufacturing feasibility, and demonstration needs;
(4) identification of the cost and risk of additional
capital asset and infrastructure capabilities required to
support production and certification of each alternative;
(5) a comparative analysis of the risks, costs, and
scheduling needs for any military requirement intended to
enhance warhead safety, security, or maintainability,
including any requirement to consolidate and/or integrate
warhead systems or mods as compared to at least one other
feasible refurbishment alternative the Nuclear Weapons
Council considers appropriate; and
(6) a life-cycle cost estimate for the alternative selected
that details the overall cost, scope, and schedule planning
assumptions.
Sec. 309. (a) Unobligated balances available from prior
year appropriations are hereby rescinded from the following
accounts of the Department of Energy in the specified
amounts:
(1) ``Energy Programs--Energy Efficiency and Renewable
Energy'', $9,740,000.
(2) ``Energy Programs--Electricity Delivery and Energy
Reliability'', $331,000.
(3) ``Energy Programs--Nuclear Energy'', $121,000.
(4) ``Energy Programs--Fossil Energy Research and
Development'', $10,413,000.
(5) ``Energy Programs--Science'', $3,262,000.
(6) ``Energy Programs--Advanced Research Projects Agency--
Energy'', $18,000.
(7) ``Energy Programs--Departmental Administration'',
$928,000.
(8) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Weapons Activities'', $6,298,000.
(9) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Defense Nuclear Nonproliferation'',
$1,390,000.
(10) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Naval Reactors'', $160,000.
(11) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Office of the Administrator'',
$413,000.
(12) ``Environmental and Other Defense Activities--Defense
Environmental Cleanup'', $9,983,000.
(13) ``Environmental and Other Defense Activities--Other
Defense Activities'', $551,000.
(14) ``Power Marketing Administrations--Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'', $1,632,000.
(b) No amounts may be rescinded by this section from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 310. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of the House of
Representatives and the Senate, in classified form if
necessary, a report on the justification for the waiver.
Sec. 311. Of the funds authorized by the Secretary of
Energy for laboratory directed research and development, no
individual program, project, or activity funded by this or
any subsequent Act making appropriations for Energy and Water
Development for any fiscal year may be charged more than the
statutory maximum authorized for such activities: Provided,
That this section shall take effect not earlier than October
1, 2015.
Sec. 312. (a) Domestic Uranium Enrichment.--None of the
funds appropriated by this or any other Act or that may be
available to the Department of Energy may be used for the
construction of centrifuges for the production of enriched
uranium for national security needs in fiscal year 2015.
(b) The Department shall provide a report to the Committees
on Appropriations of the House of Representatives and the
Senate not later than April 30, 2015 that includes:
(1) an accounting of the current and future availability of
low-enriched uranium, highly-enriched uranium, and tritium to
meet defense needs; and
(2) a cost-benefit analysis of each of the options
available to supply enriched uranium for defense purposes,
including a preliminary cost and schedule estimate to build a
national security train.
Sec. 313. None of the funds made available in this Act may
be used--
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by
the tables contained in section 325(i)(1)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with
respect to BPAR incandescent reflector lamps, BR incandescent
reflector lamps, and ER incandescent reflector lamps.
Sec. 314. None of the funds made available by this Act may
be used in contravention of section 3112(d)(2)(B) of the USEC
Privatization Act (42 U.S.C. 2297h-10(d)(2)(B)) and all
public notice and comment requirements under chapter 6 of
title 5, United States Code, that are applicable to carrying
out such section.
Sec. 315. (a) Notification of Strategic Petroleum Reserve
Drawdown.--None of the funds made available by this Act or
any prior Act, or funds made available in the SPR Petroleum
Account, may be used to conduct a drawdown (including a test
drawdown) and sale or exchange of petroleum products from the
Strategic Petroleum Reserve unless the Secretary of Energy
provides notice, in accordance with subsection (b), of such
exchange, or drawdown (including a test drawdown) to the
Committees on Appropriations of the House of Representatives
and the Senate.
(b)(1) Content of notification.--The notification required
under subsection (a) shall include at a minimum--
(A) The justification for the drawdown or exchange,
including--
(i) a specific description of any obligation under
international energy agreements; and
(ii) in the case of a test drawdown, the specific aspects
of the Strategic Petroleum Reserve to be tested;
(B) the provisions of law (including regulations)
authorizing the drawdown or exchange;
(C) the number of barrels of petroleum products proposed to
be withdrawn or exchanged;
(D) the location of the Strategic Petroleum Reserve site or
sites from which the petroleum products are proposed to be
withdrawn;
(E) a good faith estimate of the expected proceeds from the
sale of the petroleum products;
(F) an estimate of the total inventories of petroleum
products in the Strategic Petroleum Reserve after the
anticipated drawdown;
(G) a detailed plan for disposition of the proceeds after
deposit into the SPR Petroleum Account; and
(H) a plan for refilling the Strategic Petroleum Reserve,
including whether the acquisition will be of the same or a
different petroleum product.
(2) Timing of notification.--The Secretary shall provide
the notification required under subsection (a)--
(A) in the case of an exchange or a drawdown, as soon as
practicable after the exchange or drawdown has occurred; and
(B) in the case of a test drawdown, not later than 30 days
prior to a test drawdown.
(c) Post-sale Notification.--In addition to reporting
requirements under other provisions of law, the Secretary
shall, upon the execution of all contract awards associated
[[Page H9133]]
with a competitive sale of petroleum products, notify the
Committees on Appropriations of the House of Representatives
and the Senate of the actual value of the proceeds from the
sale.
(d)(1) New regional reserves.--The Secretary may not
establish any new regional petroleum product reserve--
(A) unless funding for the proposed regional petroleum
product reserve is explicitly requested in advance in an
annual budget submission and approved by the Congress in an
appropriations Act; or
(B) until 90 days after notification of, and approval by,
the Committees on Appropriations of the House of
Representatives and the Senate.
(2) The budget request or notification shall include--
(A) the justification for the new reserve;
(B) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(C) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the reserve.
(e) Report on Refined Petroleum Products.--Not later than
180 days after the enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed plan for operation
of the refined petroleum products reserve, including funding
sources and the conditions upon which refined petroleum
products may be released.
(f) Report on Strategic Petroleum Reserve Expansion.--(1)
The Secretary, through the Office of Energy Policy and
Systems Analysis, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 180 days after enactment of this Act the
report required in Public Law 111-8 (123 Stat. 617) regarding
the expansion of the Strategic Petroleum Reserve.
(2) The report required in paragraph (1) shall include an
analysis of the impacts of Northeast Regional Refined
Petroleum Product Reserve on the domestic petroleum market.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965,
notwithstanding 40 U.S.C. 14704, and for necessary expenses
for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal
share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire
of passenger motor vehicles, $90,000,000, to remain available
until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $28,500,000, to remain available until
September 30, 2016.
Delta Regional Authority
salaries and expenses
For expenses necessary of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000,
to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $10,000,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to
exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For expenses necessary of the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $5,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $1,003,233,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $7,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2016, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That the Commission may reprogram, not earlier than
30 days after notification of and approval by the Committees
on Appropriations of the House of Representatives and the
Senate, up to an additional $2,000,000 for salaries, travel,
and other support costs of the Office of the Commission:
Provided further, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $885,375,000 in fiscal year 2015 shall be
retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2015 so as to result in
a final fiscal year 2015 appropriation estimated at not more
than $117,858,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for
university research and development in areas relevant to
their respective organization's mission, and $5,000,000 shall
be for a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For expenses necessary of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $12,071,000, to remain available until September 30,
2016: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $10,099,000 in fiscal year 2015 shall be
retained and be available until September 30, 2016, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2015 so as to result in a final fiscal year 2015
appropriation estimated at not more than $1,972,000:
Provided further, That, of the amounts appropriated under
this heading, $850,000 shall be for Inspector General
services for the Defense Nuclear Facilities Safety Board,
which shall not be available from fee revenues: Provided
further, That, notwithstanding any other provision of law, in
this fiscal year and each fiscal year thereafter, the
Inspector General of the Nuclear Regulatory Commission is
authorized to exercise the same authorities with respect to
the Defense Nuclear Facilities Safety Board, as determined by
the Inspector General of the Nuclear Regulatory Commission,
as the Inspector General exercises under the Inspector
General Act of 1978 (5 U.S.C. App.) with respect to the
Nuclear Regulatory Commission.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,400,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2016.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Chairman of the Nuclear Regulatory
Commission shall notify the other members of the Commission,
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on Environment and Public Works of the Senate, not later than
1 day after the Chairman begins performing functions under
the authority of section 3 of Reorganization Plan No. 1 of
1980, or after a member of the Commission who is delegated
emergency functions under subsection (b) of that section
begins performing those functions. Such notification shall
include an explanation of the circumstances warranting the
exercise of such authority. The Chairman shall report to the
Committees, not less frequently than once each week, on the
actions taken by the Chairman, or a delegated member of the
Commission, under such authority, until the authority is
relinquished. The Chairman shall notify the Committees not
later than 1 day after such authority is relinquished. The
Chairman shall submit the report required by section 3(d) of
the Reorganization Plan No. 1 of 1980 to the Committees not
later than 1 day after it was submitted to the Commission.
This section shall be in effect in fiscal year 2015 and each
subsequent fiscal year.
Sec. 402. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information.
Sec. 403. (a) Securing Radiological Material.--No later
than 2 years from enactment of this Act, the Nuclear
Regulatory Commission (NRC) shall provide a report to the
Committees on Appropriations of the House of Representatives
and the Senate that evaluates the effectiveness of the
requirements of 10 CFR Part 37 and determines whether such
[[Page H9134]]
requirements are adequate to protect high-risk radiological
material. Such evaluation shall consider inspection results
and event reports from the first two years of implementation
of the requirements in 10 CFR Part 37 for NRC licensees.
(b) No later than 2 years after the completion of the NRC
evaluation required in subsection (a), the Government
Accountability Office, with assistance from an independent
group of security experts, shall provide a report to Congress
on the effectiveness of the requirements of 10 CFR Part 37
for NRC and Agreement State licensees and recommendations to
further strengthen radiological security.
Sec. 404. For this fiscal year, and each fiscal year
hereafter, each independent agency receiving funding under
this title shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a
Congressional Budget Justification and a detailed annual
report.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a semiannual report detailing the transfer
authorities, except for any authority whereby a department,
agency, or instrumentality of the United States Government
may provide goods or services to another department, agency,
or instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2015''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2015
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; executive direction program activities;
international affairs and economic policy activities;
domestic finance and tax policy activities; and Treasury-wide
management policies and programs activities, $210,000,000:
Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,200,000 shall remain available until
September 30, 2016, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) in an amount not less than $9,500,000, the audit,
oversight, and administration of the Gulf Coast Restoration
Trust Fund; and
(D) in an amount not to exceed $3,400,000, the development
and implementation of programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including
entering into cooperative agreements.
office of terrorism and financial intelligence
salaries and expenses
(including transfer of funds)
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $112,500,000: Provided, That of the amount
appropriated under this heading: (1) not to exceed
$27,000,000 is available for administrative expenses; and (2)
$1,000,000, to remain available until September 30, 2016, is
available for secure space requirements: Provided further,
That the unobligated balances of prior year appropriations
made available for terrorism and financial intelligence
activities under the heading ``Department of the Treasury--
Departmental Offices--Salaries and Expenses'' shall be
transferred to, and merged with, this account.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $2,725,000, to remain available until September 30,
2017: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $35,351,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 shall be
for audits and investigations conducted pursuant to section
1608 of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$158,210,000, of which $5,000,000 shall remain available
until September 30, 2016; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $34,234,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $10,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$112,000,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2017.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$769,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $348,184,000; of which not to exceed
$4,210,000, to remain available until September 30, 2017, is
for information systems modernization initiatives; and of
which $5,000 shall be available
[[Page H9135]]
for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $100,000,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $3,000,000 shall be for the costs of
criminal enforcement activities and special law enforcement
agents for targeting tobacco smuggling and other criminal
diversion activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2015 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvements Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $230,500,000. Of the amount appropriated under
this heading--
(1) not less than $152,400,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2016, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $3,102,500 may be used for the cost
of direct loans: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000;
(2) not less than $15,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2016, for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations, and other suitable providers;
(3) not less than $18,000,000 is available until September
30, 2016, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2016, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) up to $23,100,000 is available until September 30,
2015, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which up to $1,000,000 is for capacity building to expand
CDFI investments in underserved areas, and up to $300,000 is
for administrative expenses to carry out the direct loan
program; and
(6) during fiscal year 2015, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $750,000,000: Provided further, That
such section 114A shall remain in effect until September 30,
2015.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,156,554,000, of which not less than $7,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $10,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than
$12,000,000, to remain available until September 30, 2016,
shall be available for a Community Volunteer Income Tax
Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,000,000 shall
be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not less than
$60,257,000 shall be for the Interagency Crime and Drug
Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,638,446,000, of which
not to exceed $315,000,000 shall remain available until
September 30, 2016; of which not to exceed $1,000,000 shall
remain available until September 30, 2017, for research; of
which not less than $1,850,000 shall be for the Internal
Revenue Service Oversight Board; of which not to exceed
$25,000 shall be for official reception and representation
expenses: Provided, That not later than 30 days after the
end of each quarter, the Internal Revenue Service shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller
General of the United States detailing the cost and schedule
performance for its major information technology investments,
including the purpose and life-cycle stages of the
investments; the reasons for any cost and schedule variances;
the risks of such investments and strategies the Internal
Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to
be incurred in the next quarter: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2016, a summary of cost and
schedule performance information for its major information
technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $290,000,000, to
remain available until September 30, 2017, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for CADE 2 and Modernized
e-File information technology investments, including the
purposes and life-cycle stages of the investments; the
reasons for any cost and schedule variances; the risks of
such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected
developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities
[[Page H9136]]
and increased staffing to provide sufficient and effective 1-
800 help line service for taxpayers. The Commissioner shall
continue to make improvements to the Internal Revenue Service
1-800 help line service a priority and allocate resources
necessary to enhance the response time to taxpayer
communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 113. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 114. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2015
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2015.
Sec. 119. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 120. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 121. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 122. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 123. The Secretary of the Treasury, in consultation
with the appropriate agencies, departments, bureaus, and
commissions that have expertise in terrorism and complex
financial instruments, shall provide a report to the
Committees on Appropriations of the House of Representatives
and Senate, the Committee on Financial Services of the House
of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate not later than 90 days after
the date of enactment of this Act on economic warfare and
financial terrorism.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2015''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $12,700,000, to
[[Page H9137]]
be expended and accounted for as provided by 3 U.S.C. 105,
109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $625,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,184,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $12,600,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$111,300,000, of which not to exceed $12,006,000 shall remain
available until expended for continued modernization of the
information technology infrastructure within the Executive
Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $91,750,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds provided in this or prior Acts shall
be used, directly or indirectly, by the Office of Management
and Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process:
Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform
budgetary policy reviews of water resource matters on which
the Chief of Engineers has reported: Provided further, That
the Director of the Office of Management and Budget shall
notify the appropriate authorizing and appropriating
committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director, Congress shall assume Office of Management
and Budget concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$22,647,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $245,000,000, to remain available until September
30, 2016, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the
requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2013 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2014, shall be funded at not less than
the fiscal year 2014 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2015 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $107,150,000, to remain available until
expended, which shall be available as follows: $93,500,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $1,400,000 for drug court training and technical
assistance; $9,000,000 for anti-doping activities; $2,000,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469: Provided,
That amounts made available under this heading may be
transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad
[[Page H9138]]
during the current fiscal year, as authorized by 3 U.S.C.
108, $800,000, to remain available until September 30, 2016.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $20,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes: Provided further, That the Director of the
Office of Management and Budget shall submit quarterly
reports not later than 45 days after the end of each quarter
to the Committees on Appropriations of the House of
Representatives and the Senate and the Government
Accountability Office identifying the savings achieved by the
Office of Management and Budget's government-wide information
technology reform efforts: Provided further, That such
reports shall include savings identified by fiscal year,
agency, and appropriation.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,211,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $299,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. Within 90 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such
report shall include--
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2017, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2017 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2015, any Executive order
issued by the President shall be accompanied by a statement
from the Director of the Office of Management and Budget on
the budgetary impact, including costs, benefits, and
revenues, of the Executive order.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays, listed by Federal agency, for each year in the
5-fiscal year period beginning in fiscal year 2015; and
(3) the impact on revenues of the Federal Government over
the 5-fiscal year period beginning in fiscal year 2015.
(c) If an Executive order is issued during fiscal year 2015
due to a national emergency, the Director of the Office of
Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that the
Executive order is issued.
Sec. 204. The Director of the Office of National Drug
Control Policy shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 60 days after the date of enactment of this
Act, and prior to the initial obligation of more than 20
percent of the funds appropriated in any account under the
heading ``Office of National Drug Control Policy'', a
detailed narrative and financial plan on the proposed uses of
all funds under the account by program, project, and
activity: Provided, That the reports required by this
section shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information
detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any
new projects and changes in funding of ongoing projects shall
be subject to the prior approval of the Committees on
Appropriations.
Sec. 205. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug
Control Policy may be transferred between appropriated
programs upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 3 percent.
Sec. 206. Not to exceed $1,000,000 of any appropriations
in this Act made available to the Office of National Drug
Control Policy may be reprogrammed within a program, project,
or activity upon the advance approval of the Committees on
Appropriations.
Sec. 207. The first proviso under the heading ``Data-
Driven Innovation'' in division E of Public Law 113-76 is
amended by striking ``shall'' and inserting ``may''.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2015''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $74,967,000, of which $2,000,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $11,640,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,212,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $17,807,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $4,846,818,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects; and of which not to
exceed $10,000,000 shall remain available until September 30,
2016, for the Integrated Workplace Initiative: Provided,
That the amount provided for the Integrated Workplace
Initiative shall not be available for obligation until the
Director of the Administrative Office of the United States
Courts submits a report to the Committees on Appropriations
of the House of Representatives and the Senate showing that
the estimated cost savings resulting from the Initiative will
exceed the estimated amounts obligated for the Initiative.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges
[[Page H9139]]
(including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired
from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $5,423,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,016,499,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $52,191,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $513,975,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $84,399,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $26,959,000; of which
$1,800,000 shall remain available through September 30, 2016,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$16,894,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph (12)--
(1) in the second sentence (relating to the District of
Kansas), by striking ``23 years and 6 months'' and inserting
``24 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``20 years and 6 months'' and inserting
``21 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``21 years and 6 months''
and inserting ``22 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``12 years'' and
inserting ``13 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``11 years and 6
months'' and inserting ``12 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``10 years'' and inserting
``11 years''.
Sec. 307. Section 84(b) of title 28, United States Code,
is amended in the second sentence by inserting
``Bakersfield,'' after ``shall be held at''.
Sec. 308. Section 3155 of title 18, United States Code, is
amended--
(1) in the first sentence, by deleting the words ``and the
Director''; and
(2) in the first sentence, by inserting at the end ``and
shall ensure that case file, statistical, and other
information concerning the work of pretrial services is
provided to the Director''.
This title may be cited as the ``Judiciary Appropriations
Act, 2015''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $30,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House
[[Page H9140]]
of Representatives and the Senate for these funds showing, by
object class, the expenditures made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $12,500,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $245,110,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $13,622,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $116,443,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,155,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $43,890,000, to remain available
until September 30, 2016, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $6,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That,
notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $234,000,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$173,155,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons, of which up to $9,000,000 shall remain
available until September 30, 2017, for the relocation of
offender supervision field offices; and of which $60,845,000
shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for
programmatic incentives for offenders and defendants
successfully meeting terms of supervision: Provided further,
That the Director is authorized to accept and use gifts in
the form of in-kind contributions of the following: space and
hospitality to support offender and defendant programs;
equipment, supplies, and vocational training services
necessary to sustain, educate, and train offenders and
defendants, including their dependent children; and
programmatic incentives for offenders and defendants meeting
terms of supervision: Provided further, That the Director
shall keep accurate and detailed records of the acceptance
and use of any gift under the previous proviso, and shall
make such records available for audit and public inspection:
Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for
space and services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$41,231,000, of which $1,150,000, to remain available until
September 30, 2017, is for relocation of satellite offices:
Provided, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further,
That, notwithstanding section 1342 of title 31, United States
Code, and in addition to the authority provided by the
District of Columbia Code Section 2-1607(b), upon approval of
the Board of Trustees, the District of Columbia Public
Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or
facilitating the work of the District of Columbia Public
Defender Service: Provided further, That, notwithstanding
District of Columbia Code section 2-1603(d), for the purpose
of any action brought against the Board of the Trustees of
the District of Columbia Public Defender Service, the
trustees shall be deemed to be employees of the Public
Defender Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $14,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,900,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2016, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That within funds provided for
opportunity scholarships $3,000,000 shall be for the
activities specified in sections 3007(b) through 3007(d) and
3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``District of Columbia
Funds Summary of Expenses'' and at the rate set forth under
such heading, as included in the Fiscal Year 2015 Budget
Request Act of 2014 submitted to the Congress by the District
of Columbia as amended as of the date of enactment of this
Act: Provided, That notwithstanding any
[[Page H9141]]
other provision of law, except as provided in section 450A of
the District of Columbia Home Rule Act (section 1-204.50a,
D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2015 under this heading shall not exceed the
estimates included in the Fiscal Year 2015 Budget Request Act
of 2014 submitted to Congress by the District of Columbia as
amended as of the date of enactment of this Act or the sum of
the total revenues of the District of Columbia for such
fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall
be approved by enactment of local District law and shall
comply with all reserve requirements contained in the
District of Columbia Home Rule Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall
take such steps as are necessary to assure that the District
of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 2015, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2015''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2016, of
which not to exceed $1,000 is for official reception and
representation expenses.
Commodity Futures Trading Commission
(including transfers of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $250,000,000, including not to exceed
$3,000 for official reception and representation expenses,
and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not
less than $50,000,000, to remain available until September
30, 2016, shall be for the purchase of information technology
and of which not less than $2,620,000 shall be for the Office
of the Inspector General: Provided, That not to exceed
$10,000,000 of the amounts provided herein may be moved
between the amount for salaries and expenses and the amount
for the purchase of information technology subject to
reprogramming procedures under section 608 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $123,000,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $10,000,000, of which
$1,900,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$339,844,000, to remain available until expended: Provided,
That of which not less than $300,000 shall be available for
consultation with federally recognized Indian tribes, Alaska
Native villages, and entities related to Hawaiian Home Lands:
Provided further, That $339,844,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall
be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2015 so as to
result in a final fiscal year 2015 appropriation estimated at
$0: Provided further, That any offsetting collections
received in excess of $339,844,000 in fiscal year 2015 shall
not be available for obligation: Provided further, That
remaining offsetting collections from prior years collected
in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2014,
shall not be available for obligation: Provided further,
That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed
$106,000,000 for fiscal year 2015: Provided further, That of
the amount appropriated under this heading, not less than
$11,090,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2015'', each place it appears and
inserting ``December 31, 2016''.
Sec. 502. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $34,568,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $67,500,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$25,548,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$293,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $100,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $14,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2015, so as to result in a final fiscal year 2015
appropriation from the general fund estimated at not more
than $179,000,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund shall
[[Page H9142]]
be available for necessary expenses of real property
management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with
the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings
including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition,
and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $9,238,310,000, of which--
(1) $509,670,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) of
additional projects at--
(A) California, Calexico, Calexico West Land Port of Entry,
$98,062,000;
(B) California, San Diego, San Ysidro Land Port of Entry,
$216,828,000;
(C) District of Columbia, Washington, DHS Consolidation at
St. Elizabeths, $144,000,000;
(D) National Capital Region, Civilian Cyber Campus,
$35,000,000; and
(E) New York, Glenville, Scotia Depot, $15,780,000:
Provided, That each of the foregoing limits of costs on
new construction and acquisition projects may be exceeded to
the extent that savings are effected in other such projects,
but not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $818,160,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $306,894,000 is for Major Repairs and Alterations;
(B) $390,266,000 is for Basic Repairs and Alterations; and
(C) $121,000,000 is for Special Emphasis Programs, of
which--
(i) $5,000,000 is for Energy and Water Retrofit and
Conservation Measures;
(ii) $26,000,000 is for Fire and Life Safety;
(iii) $20,000,000 is for Judiciary Capital Security; and
(iv) $70,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $20,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate:
Provided, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects;
(3) $5,666,348,000 for rental of space to remain available
until expended; and
(4) $2,244,132,000 for building operations to remain
available until expended, of which $1,122,727,000 is for
building services, and $1,121,405,000 is for salaries and
expenses: Provided further, That not to exceed 5 percent of
any appropriation made available under this paragraph for
building operations may be transferred between and merged
with such appropriations upon notification to the Committees
on Appropriations of the House of Representatives and the
Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 508 of this title shall not apply with respect to
funds made available under this heading for building
operations:
Provided further, That the total amount of funds made
available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2015, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; $61,049,000, of
which $26,328,000 is for Real and Personal Property
Management and Disposal; $25,729,000 is for the Office of the
Administrator, of which not to exceed $7,500 is for official
reception and representation expenses; and $8,992,000 is for
the Civilian Board of Contract Appeals: Provided further,
That not to exceed 5 percent of the appropriation made
available under this heading for Office of the Administrator
may be transferred to the appropriation for the Real and
Personal Property Management and Disposal upon notification
to the Committees on Appropriations of the House of
Representatives and the Senate, but the appropriation for the
Real and Personal Property Management and Disposal may not be
increased by more than 5 percent by any such transfer.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000, of
which $2,000,000 is available until expended: Provided, That
not to exceed $50,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies
and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,250,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services
and Innovative Technologies, including services authorized by
40 U.S.C. 323 and 44 U.S.C. 3604; and for necessary expenses
in support of interagency projects that enable the Federal
Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $53,294,000, of
which $14,135,000 shall be available for electronic
government projects, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be
transferred to Federal agencies to carry out the purpose of
the Federal Citizen Services Fund: Provided further, That
the appropriations, revenues, reimbursements, and collections
deposited into
[[Page H9143]]
the Fund shall be available until expended for necessary
expenses of Federal Citizen Services and other activities
that enable the Federal Government to enhance its ability to
conduct activities electronically in the aggregate amount not
to exceed $90,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2015 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts: Provided further, That any
appropriations provided to the Electronic Government Fund
that remain unobligated as of September 30, 2014, may be
transferred to the Federal Citizen Services Fund: Provided
further, That the transfer authorities provided herein shall
be in addition to any other transfer authority provided in
this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 510. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made
available for fiscal year 2015 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2016 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 515. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 516. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 30 days
after the date of enactment of this Act.
Sec. 517. Any consolidation of the headquarters of the
Federal Bureau of Investigation must result in a full
consolidation.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$750,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $42,740,000,
to remain available until September 30, 2016, together with
not to exceed $2,345,000, to remain available until September
30, 2016, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,995,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That of the total amount made available under this heading
$200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain
available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,400,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$365,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,130,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,600,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $5,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2016, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $15,420,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $96,039,000, of which $642,000 may be for
[[Page H9144]]
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$118,425,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided, That the provisions of this appropriation shall not
affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2015,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $4,384,000, and in
addition, not to exceed $21,340,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$22,939,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $14,700,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $7,500,000, to remain available until
September 30, 2016.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), and to develop and test information technology
resources and oversight mechanisms to enhance transparency of
and detect and remediate waste, fraud, and abuse in Federal
spending, and to develop and use information technology
resources and oversight mechanisms to detect and remediate
waste, fraud, and abuse in obligation and expenditure of
funds as described in section 904(d) of the Disaster Relief
Appropriations Act, 2013 (Public Law 113-2), which shall be
administered under the terms and conditions of the
accountability authorities of title XV of Public Law 111-5,
$18,000,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,500,000,000, to remain available until expended; of which
not less than $9,239,000 shall be for the Office of Inspector
General; of which not to exceed $50,000 shall be available
for a permanent secretariat for the International
Organization of Securities Commissions; of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
and of which not less than $56,613,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $1,500,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2015 shall be reduced as such offsetting fees
are received so as to result in a final total fiscal year
2015 appropriation from the general fund estimated at not
more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $22,500,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $257,000,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2015: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2016: Provided
further, That $2,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $220,000,000,
to remain available until September 30, 2016: Provided, That
$115,000,000 shall be available to fund grants for
performance in fiscal year 2015 or fiscal year 2016 as
authorized by section 21 of the Small Business Act: Provided
further, That $22,300,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $17,400,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 1207 of Public Law
111-240.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $19,400,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $2,500,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 503 of the Small Business
Investment Act of 1958 (Public Law 85-699), $45,000,000, to
[[Page H9145]]
remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2015
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2015 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed
$18,750,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2015 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958
shall not exceed $4,000,000,000: Provided further, That
during fiscal year 2015, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $147,726,000, which may be
transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$186,858,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $176,858,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $9,000,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 521. (a) None of the funds made available under this
Act may be used to collect a guarantee fee under section
7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18))
with respect to a loan guaranteed under section 7(a)(31) of
such Act that is made to a small business concern (as defined
under section 3 of such Act (15 U.S.C. 632)) that is 51
percent or more owned and controlled by 1 or more individuals
who is a veteran (as defined in section 101 of title 38,
United States Code) or the spouse of a veteran.
(b) Nothing in this section shall be construed to limit the
authority of the Administrator of the Small Business
Administration to waive such a guarantee fee or any other
loan fee with respect to a loan to a small business concern
described in subsection (a) or any other borrower.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$70,000,000, of which $41,000,000 shall not be available for
obligation until October 1, 2015: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $243,883,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,300,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2015, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2015 from
appropriations made available for salaries and expenses for
fiscal year 2015 in this Act, shall remain available through
September 30, 2016, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
[[Page H9146]]
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. The Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an
aggregate amount not exceeding the amount of funds collected
by the Board as of December 31, 2014, including accrued
interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2015
shall remain available until expended.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following
positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 624. Sections 1101(a) and 1104(a)(2)(A) of the
Internet Tax Freedom Act (title XI of division C of Public
Law 105-277; 47 U.S.C. 151 note) are amended by striking
``November 1, 2014'' and inserting ``October 1, 2015''.
Sec. 625. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 626. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 627. None of the funds made available by this Act may
be used to enter into any contract with an incorporated
entity if such entity's sealed bid or competitive proposal
shows that such entity is incorporated or chartered in
Bermuda or the Cayman Islands, and such entity's sealed bid
or competitive proposal shows that such entity was previously
incorporated in the United States.
Sec. 628. None of the funds made available by this Act may
be used to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011. In instances where there is
not an appropriate alternative fueled vehicle commercially
available for a particular light duty vehicle class, an
exception is granted as to not impede agency missions.
Sec. 629. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established
by section 991 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203), $25,000,000 are
rescinded.
Sec. 630. Section 716 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (15 U.S.C. 8305) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(B), by striking ``insured depository
institution'' and inserting ``covered depository
institution''; and
(B) by adding at the end the following:
``(3) Covered depository institution.--The term `covered
depository institution' means--
``(A) an insured depository institution, as that term is
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
``(B) a United States uninsured branch or agency of a
foreign bank.'';
(2) in subsection (c)--
[[Page H9147]]
(A) in the heading for such subsection, by striking
``Insured'' and inserting ``Covered'';
(B) by striking ``an insured'' and inserting ``a covered'';
(C) by striking ``such insured'' and inserting ``such
covered''; and
(D) by striking ``or savings and loan holding company'' and
inserting ``savings and loan holding company, or foreign
banking organization (as such term is defined under
Regulation K of the Board of Governors of the Federal Reserve
System (12 CFR 211.21(o)))'';
(3) by amending subsection (d) to read as follows:
``(d) Only Bona Fide Hedging and Traditional Bank
Activities Permitted.--
``(1) In general.--The prohibition in subsection (a) shall
not apply to any covered depository institution that limits
its swap and security-based swap activities to the following:
``(A) Hedging and other similar risk mitigation
activities.--Hedging and other similar risk mitigating
activities directly related to the covered depository
institution's activities.
``(B) Non-structured finance swap activities.--Acting as a
swaps entity for swaps or security-based swaps other than a
structured finance swap.
``(C) Certain structured finance swap activities.--Acting
as a swaps entity for swaps or security-based swaps that are
structured finance swaps, if--
``(i) such structured finance swaps are undertaken for
hedging or risk management purposes; or
``(ii) each asset-backed security underlying such
structured finance swaps is of a credit quality and of a type
or category with respect to which the prudential regulators
have jointly adopted rules authorizing swap or security-based
swap activity by covered depository institutions.
``(2) Definitions.--For purposes of this subsection:
``(A) Structured finance swap.--The term `structured
finance swap' means a swap or security-based swap based on an
asset-backed security (or group or index primarily comprised
of asset-backed securities).
``(B) Asset-backed security.--The term `asset-backed
security' has the meaning given such term under section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).'';
(4) in subsection (e), by striking ``an insured'' and
inserting ``a covered''; and
(5) in subsection (f)--
(A) by striking ``an insured depository'' and inserting ``a
covered depository''; and
(B) by striking ``the insured depository'' each place such
term appears and inserting ``the covered depository''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2015 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $13,197 except station wagons for which
the maximum shall be $13,631: Provided, That these limits
may be exceeded by not to exceed $3,700 for police-type
vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on emerging motor vehicle technology, including but
not limited to electric, plug-in hybrid electric, and
hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees
[[Page H9148]]
on Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2015 shall remain available for obligation
through September 30, 2016: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this section shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means,
[[Page H9149]]
that includes any personally identifiable information
relating to an individual's access to or use of any
nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2015, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2015,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2015, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2015, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2015 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2015 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2014,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2014,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2014.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement
[[Page H9150]]
or limitation on the basis of a rate of salary or basic pay,
the rate of salary or basic pay payable after the application
of this subsection shall be treated as the rate of salary or
basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2015 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2014.
Sec. 738. (a) The Vice President may not receive a pay
raise in calendar year 2015, notwithstanding the rate
adjustment made under section 104 of title 3, United States
Code, or any other provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by
statute at an Executive Schedule rate, may not receive a pay
rate increase in calendar year 2015, notwithstanding schedule
adjustments made under section 5318 of title 5, United States
Code, or any other provision of law, except as provided in
subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political
appointment.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2015,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, a pay rate increase may not be received
in calendar year 2015 (except as provided in subsection (g),
(h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the
Executive Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any
locality-based payments under section 5304 of title 5, United
States Code, or similar authority) at or above level IV of
the Executive Schedule who serves under a political
appointment may not receive a pay rate increase in calendar
year 2015, notwithstanding any other provision of law, except
as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code,
or to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under section 3392 of title 5, United States Code, is not
subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b) of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position with higher-level duties and a pre-established
higher level or range of pay, except that any such increase
must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013.
(k) If an employee affected by subsections (b) through (e)
is subject to a biweekly pay period that begins in calendar
year 2015 but ends in calendar year 2016, the bar on the
employee's receipt of pay rate increases shall apply through
the end of that pay period.
Sec. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2015 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2015 for which the cost to the United States
Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify
the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location,
and number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012.
Sec. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contactors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
[[Page H9151]]
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 746. Not later than 1 year after the date of
enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Council of
Inspectors General on Integrity and Efficiency, the
Government Accountability Office, and other stakeholders
shall develop--
(1) criteria for an agency that has demonstrated a
stabilized, effective system of internal control over
financial reporting, whereby the agency would qualify for a
consolidated Department level audit for obtaining a financial
statement audit opinion, rather than an agency level audit;
and
(2) recommendations on how to improve current financial
reporting requirements to increase government transparency,
in conjunction with the implementation of the Digital
Accountability and Transparency Act of 2014 (Public Law 113-
101), and better meet the needs of all stakeholders.
Sec. 747. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 748. During fiscal year 2015, on the date that a
request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such requests.
Sec. 749. None of the funds made available by this or any
other Act may be used to implement a new Federal Flood Risk
Management Standard until the Administration has solicited
and considered input from Governors, mayors, and other
stakeholders.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2015, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2015.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) None of the funds contained in this Act may be used to
enact any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21
[[Page H9152]]
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
Sec. 810. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2015 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2015
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2015 in this Act, shall
remain available through September 30, 2016, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a) During fiscal year 2016, during a period in
which neither a District of Columbia continuing resolution or
a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Fiscal Year 2016 Budget Request Act of 2015
as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of
the period during which this subsection is in effect) at the
rate set forth by such Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2016 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2016.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2016 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2016 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2015''.
DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $970,016,000, to remain available until expended;
of which $3,000,000 shall be available in fiscal year 2015
subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such
funds shall be advanced to the Foundation as a lump-sum grant
without regard to when expenses are incurred.
In addition, $32,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to
this appropriation that shall be derived from a fee of $6,500
per new application for permit to drill that the Bureau shall
collect upon submission of each new application, and, in
addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2015
so as to result in a final appropriation estimated at not
more than $970,016,000, and $2,000,000, to remain available
until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $19,746,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $113,777,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 1181(f)).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315(b), 315(m)) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and
[[Page H9153]]
for rehabilitation of damaged property, such amounts as may
be collected under Public Law 94-579 (43 U.S.C. 1701 et
seq.), and under section 28 of the Mineral Leasing Act (30
U.S.C. 185), to remain available until expended: Provided,
That, notwithstanding any provision to the contrary of
section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that
section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section
305(c) of that Act (43 U.S.C. 1735(c)), shall be available
and may be expended under the authority of this Act by the
Secretary to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Management
which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such
action are used on the exact lands damaged which led to the
action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other
damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law
90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,207,658,000, to remain available until
September 30, 2016 except as otherwise provided herein:
Provided, That not to exceed $20,515,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533)
(except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$4,605,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2012; of
which not to exceed $1,501,000 shall be used for any activity
regarding petitions to list species that are indigenous to
the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $1,504,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) for species that are not indigenous to the United
States.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $15,687,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, (16 U.S.C. 460l-4 et seq.),
including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and
Wildlife Service, $47,535,000, to be derived from the Land
and Water Conservation Fund and to remain available until
expended: Provided, That none of the funds appropriated for
specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $50,095,000,
to remain available until expended, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $27,400,000 is to be derived
from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $34,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,660,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $9,061,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $58,695,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,084,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$5,487,000 is for a competitive grant program for States,
territories, and other jurisdictions and at the discretion of
affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of
this appropriation: Provided further, That the Secretary
shall, after deducting $9,571,000 and administrative
expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof: Provided further, That
the Secretary shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the
ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph
shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount
available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided
further, That the Federal share of planning grants shall not
exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65
percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not
be derived from Federal grant programs: Provided further,
That any amount apportioned in 2015 to any State, territory,
or other jurisdiction that remains unobligated as of
September 30, 2016, shall be reapportioned, together with
funds appropriated in 2017, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title,
[[Page H9154]]
and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,275,773,000, of which
$9,923,000 for planning and interagency coordination in
support of Everglades restoration and $81,961,000 for
maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30,
2016: Provided, That funds appropriated under this heading
in this Act and previous Appropriations Acts are available
for the purposes of section 5 of Public Law 95-348 and
section 204 of Public Law 93-486, as amended by section 1(3)
of Public Law 100-355.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $63,117,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (16 U.S.C. 470 et seq.),
$56,410,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2016.
construction
For construction, improvements, repair, or replacement of
physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-8), $138,339,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, for any project
initially funded in fiscal year 2015 with a future phase
indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2015 by
section 9 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-10a) is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965 (16 U.S.C. 460l-4 through 11),
including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$98,960,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of
which $48,117,000 is for the State assistance program and of
which $8,986,000 shall be for the American Battlefield
Protection Program grants as authorized by section 7301 of
the Omnibus Public Land Management Act of 2009 (Public Law
111-11).
centennial challenge
For expenses necessary to carry out the provisions of
section 814(g) of Public Law 104-333 (16 U.S.C. 1f) relating
to challenge cost share agreements, $10,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefitting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,045,000,000, to
remain available until September 30, 2016; of which
$53,337,189 shall remain available until expended for
satellite operations; and of which $7,280,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National
Committee for Geological Sciences; and payment of
compensation and expenses of persons employed by the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto,
as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements,
$169,770,000, of which $72,422,000 is to remain available
until September 30, 2016 and of which $97,348,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions
to receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from
activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2015 appropriation estimated at not more than
$72,422,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to
promoting
[[Page H9155]]
volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $124,726,000, of which
$66,147,000 is to remain available until September 30, 2016
and of which $58,579,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2015 appropriation estimated at not more than
$66,147,000.
For an additional amount, $65,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2015, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $65,000,000, the amounts realized in excess of
$65,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2015, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $122,713,000, to remain available until September
30, 2016: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Bureau pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Bureau pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2015
appropriation estimated at not more than $122,713,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$27,399,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
administrative provision
In fiscal year 2015 and each fiscal year thereafter, with
funds available for the Technical Innovation and Professional
Services program in this or any other Act with respect to any
fiscal year, the Secretary may transfer title for computer
hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,429,236,000, to remain available
until September 30, 2016, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,809,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $606,690,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2015, and shall
remain available until September 30, 2016: Provided further,
That not to exceed $48,553,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 450f et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$62,395,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with ongoing grants entered into with
the Bureau prior to or during fiscal year 2014 for the
operation of Bureau-funded schools, and up to $500,000 within
and only from such amounts made available for administrative
cost grants shall be available for the transitional costs of
initial administrative cost grants to grantees that assume
operation on or after July 1, 2014, of Bureau-funded schools:
Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of
September 30, 2016, may be transferred during fiscal year
2017 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2017: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $128,876,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2015, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements
and Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided
further, That such grants shall not be subject to section
12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational
and financial management capabilities: Provided further,
That if the Secretary declines a grant application, the
Secretary shall follow the requirements contained in 25
U.S.C. 2504(f): Provided further, That any disputes between
the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2507(e):
Provided further, That in order to ensure timely completion
of
[[Page H9156]]
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the
project and commenced construction: Provided further, That
this appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11, and
111-291, and for implementation of other land and water
rights settlements, $35,655,000, to remain available until
expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$7,731,000, of which $1,045,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $100,496,183.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education. Appropriations made available in this or any prior
Act for schools funded by the Bureau shall be available, in
accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996,
and to any school or school program that was reinstated in
fiscal year 2012. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior, including the collection and disbursement of
royalties, fees, and other mineral revenue proceeds, and for
grants and cooperative agreements, as authorized by law,
$265,263,000, to remain available until September 30, 2016;
of which not to exceed $15,000 may be for official reception
and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and
unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of
which $12,000,000 for the Office of Valuation Services is to
be derived from the Land and Water Conservation Fund and
shall remain available until expended; and of which
$38,300,000 shall remain available until expended for the
purpose of mineral revenue management activities: Provided,
That notwithstanding any other provision of law, $15,000
under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Secretary concurred with the claimed refund due, to
pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2015, up to $400,000 of the payments
authorized by the Act of October 20, 1976 (31 U.S.C. 6901-
6907) may be retained for administrative expenses of the
Payments in Lieu of Taxes Program: Provided, That no payment
shall be made pursuant to that Act to otherwise eligible
units of local government if the computed amount of the
payment is less than $100: Provided further, That the
Secretary may reduce the payment authorized by 31 U.S.C.
6901-6907 for an individual county by the amount necessary to
correct prior year overpayments to that county: Provided
further, That the amount needed to correct a prior year
underpayment to an individual county shall be paid from any
reductions for overpayments to other counties and the amount
necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $85,976,000, of which: (1) $76,528,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,448,000 shall be available
until September 30, 2016, for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana
[[Page H9157]]
Islands approved by Public Law 104-134: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $139,029,000, to remain available until expended, of
which not to exceed $23,061,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2015, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That,
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided
further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, hazardous fuels management activities, and
rural fire assistance by the Department of the Interior,
$804,779,000, to remain available until expended, of which
not to exceed $6,127,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds
are also available for repayment of advances to other
appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That of the
funds provided $164,000,000 is for hazardous fuels management
activities, of which $10,000,000 is for resilient landscapes
activities: Provided further, That of the funds provided
$18,035,000 is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title
of this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
hazardous fuels management and resilient landscapes
activities, and for training and monitoring associated with
such hazardous fuels management and resilient landscapes
activities on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels management and
resilient landscapes activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for fire
facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression
operations of the Department of the Interior and as a reserve
fund for suppression and Federal emergency response
activities, $92,000,000, to remain available until expended:
Provided, That such amounts are only available for transfer
to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
[[Page H9158]]
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $7,767,000, to
remain available until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
consolidation of facilities and operations throughout the
Department, $57,100,000, to remain available until expended:
Provided, That none of the funds appropriated in this Act or
any other Act may be used to establish reserves in the
Working Capital Fund account other than for accrued annual
leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
Secretary may assess reasonable charges to State, local and
tribal government employees for training services provided by
the National Indian Program Training Center, other than
training related to Public Law 93-638: Provided further,
That the Secretary may lease or otherwise provide space and
related facilities, equipment or professional services of the
National Indian Program Training Center to State, local and
tribal government employees or persons or organizations
engaged in cultural, educational, or recreational activities
(as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities,
equipment, or services in the vicinity of the National Indian
Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be
credited to this account, shall be available until expended,
and shall be used by the Secretary for necessary expenses of
the National Indian Program Training Center: Provided
further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by
law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2015. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2015, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2015 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2015. Fees for fiscal
year 2015 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
oil and gas leasing internet program
Sec. 108. (a) Notwithstanding section 17(b)(1)(A) of the
Mineral Leasing Act (30
[[Page H9159]]
U.S.C. 226(b)(1)(A)), the Secretary of the Interior shall
have the authority to implement an oil and gas leasing
Internet program, under which the Secretary may conduct lease
sales through methods other than oral bidding.
(b) The authority in subsection (a) shall be effective for
fiscal year 2015 until the date of the enactment of a
provision of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 that
amends section 17(b)(1) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)) to authorize onshore lease sales through Internet-
based bidding methods.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 109. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only in conformance with the
reprogramming guidelines for division F in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 110. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c) (except that the 5-year term restriction in
subsection (d) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 111. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
prohibition on use of funds
Sec. 112. (a) Any proposed new use of the Arizona &
California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior
certifies that the proposed new use is within the scope of
the Right of Way.
(b) No funds appropriated or otherwise made available to
the Department of the Interior may be used, in relation to
any proposal to store water underground for the purpose of
export, for approval of any right-of-way or similar
authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated
with such right-of-way or similar approval.
republic of palau
Sec. 113. (a) In General.--Subject to subsection (c), the
United States Government, through the Secretary of the
Interior shall provide to the Government of Palau for fiscal
year 2015 grants in amounts equal to the annual amounts
specified in subsections (a), (c), and (d) of section 211 of
the Compact of Free Association between the Government of the
United States of America and the Government of Palau (48
U.S.C. 1931 note) (referred to in this section as the
``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c),
the United States shall provide programmatic assistance to
the Republic of Palau for fiscal year 2015 in amounts equal
to the amounts provided in subsections (a) and (b)(1) of
section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to
the same extent and in the same manner as the grants and
assistance were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under
subsections (a) and (b) shall be withheld from the Government
of Palau.
exhaustion of administrative review
Sec. 114. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013), as amended by section 122
of division G of Public Law 113-76 (128 Stat. 314), is
further amended by striking ``through 2015,'' in the first
sentence and inserting ``through 2016,''.
wild lands funding prohibition
Sec. 115. None of the funds made available in this Act or
any other Act may be used to implement, administer, or
enforce Secretarial Order No. 3310 issued by the Secretary of
the Interior on December 22, 2010: Provided, That nothing in
this section shall restrict the Secretary's authorities under
sections 201 and 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712).
bureau of indian education operated schools
Sec. 116. Section 115(d) of division E of Public Law 112-
74 (125 Stat. 1010) is amended by striking ``2014'' and
inserting ``2017''.
reauthorization of forest ecosystem health and recovery fund
Sec. 117. Title I of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010
(Public Law 111-88) is amended in the text under the heading
``FOREST ECOSYSTEM HEALTH AND RECOVERY FUND'' by striking
``2015'' each place it appears and inserting ``2020''.
volunteers in parks
Sec. 118. Section 4 of Public Law 91-357 (16 U.S.C. 18j),
as amended, is further amended by striking ``$3,500,000'' and
inserting ``$5,000,000''.
contracts and agreements with indian affairs
Sec. 119. Notwithstanding any other provision of law,
during fiscal year 2015, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
heritage areas
Sec. 120. (a) Section 109 of title I of Public Law 105-355
(16 U.S.C. 461 note) shall be applied for fiscal year 2015 by
substituting ``2015'' for ``2014''.
(b) Section 157(h)(1) of title I of Public Law 106-291 (16
U.S.C. 461 note) is amended by striking ``$10,000,000'' and
inserting ``$11,000,000''.
ratification of payments
Sec. 121. All payments made to school districts under the
first section of the Act of June 4, 1948 (62 Stat. 338,
chapter 417; 16 U.S.C. 40a), during the period beginning in
fiscal year 1976 and ending on the date of enactment of this
Act are ratified and approved, notwithstanding the payments
made under chapter 69 of title 31, United States Code to the
units of general local government.
sage-grouse
Sec. 122. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse;
(3) a final rule for the bi-state distinct population
segment of greater sage-grouse; or
(4) a final rule for Gunnison sage-grouse (Centrocercus
minimus).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$734,648,000, to remain available until September 30, 2016:
Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as
specified in the explanatory statement accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $19,000 for
official reception and representation expenses,
$2,613,679,000, to remain available until September 30, 2016:
Provided, That of the funds included under this heading,
$12,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement
accompanying this Act: Provided further, That of the funds
included under this heading, $427,737,000 shall be for
Geographic Programs specified in the explanatory statement
accompanying this Act: Provided further, That of the funds
provided under this heading for Information Exchange and
Outreach, $856,750 of funds made available for the Immediate
Office of the Administrator and $1,790,750 of funds made
available for the Office of Congressional and
Intergovernmental Relations shall be withheld from obligation
until reports detailed in the explanatory statement
accompanying this Act are provided to the Committees on
Appropriations of the House of Representatives and the
Senate; and of the funds provided under this heading for
Operations and Administration for the Office of the Chief
Financial Officer, $741,500 shall be withheld from obligation
until such reports are provided to the Committees on
Appropriations of the House of Representatives and the
Senate.
[[Page H9160]]
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $3,674,000, to remain available until September
30, 2017.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,489,000, to remain available until September 30,
2016.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$42,317,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,088,769,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2014, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $9,939,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2016, and $18,850,000
shall be paid to the ``Science and Technology'' appropriation
to remain available until September 30, 2016.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,941,000, to remain
available until expended, of which $66,572,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,545,161,000, to remain
available until expended, of which--
(1) $1,448,887,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$906,896,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2015, to the extent there are sufficient eligible
project applications, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2015, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2015 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2015, notwithstanding the limitation on amounts
in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a
total of 2 percent of the funds appropriated for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2015, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Clean
Water Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2015, notwithstanding
the limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That not less
than 20 percent but not more than 30 percent of the funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants shall be
used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient or to
buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act;
(2) $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $10,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA;
(5) $30,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $10,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement accompanying this Act; and
(7) $1,054,378,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-
[[Page H9161]]
level statistical surveys of water resources and enhancements
to State monitoring programs.
Administrative Provisions--Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2015, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2015.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000
per project.
The fourth paragraph under the heading ``Administrative
Provisions'' in title II of Public Law 109-54 is amended by
striking ``2015'' and inserting ``2020''.
For fiscal year 2015, and notwithstanding section 518(f) of
the Water Pollution Control Act, the Administrator is
authorized to use the amounts appropriated for any fiscal
year under Section 319 of the Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and
518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2015 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
From unobligated balances to carry out projects and
activities funded through the ``State and Tribal Assistance
Grants'' account, $40,000,000, are hereby permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $296,000,000, to remain available until
expended: Provided, That of the funds provided, $70,000,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $232,653,000, to
remain available until expended, as authorized by law; of
which $53,000,000 is to be derived from the Land and Water
Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,494,330,000, to
remain available until expended: Provided, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration
treatments as authorized by 16 U.S.C. 7303(f): Provided
further, That of the funds provided, $339,130,000 shall be
for forest products: Provided further, That of the funds
provided, up to $81,941,000 is for the Integrated Resource
Restoration pilot program for Region 1, Region 3 and Region
4: Provided further, That of the funds provided for forest
products, up to $65,560,000 may be transferred to support the
Integrated Resource Restoration pilot program in the
preceding proviso: Provided further, That the Secretary of
Agriculture may transfer to the Secretary of the Interior any
unobligated funds appropriated in this fiscal year or in a
previous fiscal year for operation of the Valles Caldera
National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $360,374,000, to remain available until
expended, for construction, capital improvement, maintenance
and acquisition of buildings and other facilities and
infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That $40,000,000 shall be
designated for urgently needed road decommissioning, road and
trail repair and maintenance and associated activities, and
removal of fish passage barriers, especially in areas where
Forest Service roads may be contributing to water quality
problems in streams and water bodies which support
threatened, endangered, or sensitive species or community
water sources: Provided further, That funds becoming
available in fiscal year 2015 under the Act of March 4, 1913
(16 U.S.C. 501) shall be transferred to the General Fund of
the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are
appropriated: Provided further, That of the funds provided
for decommissioning of roads, up to $14,743,000 may be
transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, (16 U.S.C.
460l-4 et seq.), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $47,500,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $950,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, (16 U.S.C. 484a), to
remain available until expended (16 U.S.C. 460l-516-617a,
555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated
with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $2,500,000, to remain available until
expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels management
on or adjacent to such lands, emergency rehabilitation of
burned-over National Forest System lands and
[[Page H9162]]
water, and for State and volunteer fire assistance,
$2,333,298,000, to remain available until expended:
Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law,
$6,914,000 of funds appropriated under this appropriation
shall be available for the Forest Service in support of fire
science research authorized by the Joint Fire Science
Program, including all Forest Service authorities for the use
of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and
restoration, hazardous fuels management activities, support
to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of
the funds provided, $361,749,000 is for hazardous fuels
management activities, $19,795,000 is for research activities
and to make competitive research grants pursuant to the
Forest and Rangeland Renewable Resources Research Act, (16
U.S.C. 1641 et seq.), $78,000,000 is for State fire
assistance, and $13,000,000 is for volunteer fire assistance
under section 10 of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2106): Provided further, That amounts in
this paragraph may be transferred to the ``National Forest
System'', and ``Forest and Rangeland Research'' accounts to
fund forest and rangeland research, the Joint Fire Science
Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That, of the funds provided,
$65,000,000 shall be available for the purpose of acquiring
aircraft for the next-generation airtanker fleet to enhance
firefighting mobility, effectiveness, efficiency, and safety,
and such aircraft shall be suitable for contractor operation
over the terrain and forested-ecosystems characteristic of
National Forest System lands, as determined by the Chief of
the Forest Service: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided
further, That up to $15,000,000 of the funds provided herein
may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue
grants for hazardous fuels management activities and for
training or monitoring associated with such hazardous fuels
management activities on Federal land or on non-Federal land
if the Secretary determines such activities implement a
community wildfire protection plan (or equivalent) and
benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest
Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with
authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the Departments
when such transfers would facilitate and expedite wildland
fire management programs and projects: Provided further,
That of the funds provided for hazardous fuels management,
not to exceed $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose
of creating incentives for increased use of biomass from
National Forest System lands: Provided further, That funds
designated for wildfire suppression, including funds
transferred from the ``FLAME Wildfire Suppression Reserve
Fund,'' shall be assessed for cost pools on the same basis as
such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous
fuels management, up to $28,077,000 may be transferred to the
``National Forest System'' to support the Integrated Resource
Restoration pilot program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression
operations of the Department of Agriculture and as a reserve
fund for suppression and Federal emergency response
activities, $303,060,000, to remain available until expended:
Provided, That such amounts are only available for transfer
to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the headings ``Wildland
Fire Management'' and ``FLAME Wildfire Suppression Reserve
Fund'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by
a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-107 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory
statement accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center. Nothing in this
paragraph shall limit the Forest Service portion of
implementation costs to be paid to the Department of
Agriculture for the International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993,
Public Law 103-82, as amended by Public Lands Corps Healthy
Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to
[[Page H9163]]
the Foundation, no more than $300,000 shall be available for
administrative expenses: Provided further, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a
project at the same rate that the recipient has obtained the
non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,182,147,000,
together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That, $914,139,000 for Purchased/Referred Care,
including $51,500,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended:
Provided further, That, of the funds provided, up to
$36,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of the Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a):
Provided further, That notwithstanding any other provision of
law, the amounts made available within this account for the
methamphetamine and suicide prevention and treatment
initiative and for the domestic violence prevention
initiative shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected
by the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from
the Indian Health Service, tribes and tribal organizations
operating health facilities pursuant to Public Law 93-638,
such individually identifiable health information relating to
disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $460,234,000 to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further,
That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary; uniforms or allowances therefor as authorized by 5
U.S.C. 5901-5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the
provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653)
shall be credited to the account of the facility providing
the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other
law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service
shall be administered under Public Law 86-121, the Indian
Sanitation Facilities Act and Public Law 93-638: Provided
further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation:
Provided further, That none of the
[[Page H9164]]
funds made available to the Indian Health Service in this Act
shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or
approved by the House and Senate Committees on Appropriations
through the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I
or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), may be deobligated
and reobligated to a self-determination contract under title
I, or a self-governance agreement under title V of such Act
and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services,
relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into law:
Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a
reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
remain available until expended: Provided further, That
reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not
be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $74,691,000, of which up to $1,000 per eligible employee
of the Agency for Toxic Substances and Disease Registry shall
remain available until expended for Individual Learning
Accounts: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2015,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,000,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,341,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10: Provided
further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to
remain available until expended, for audits and
investigations of the Office of Navajo and Hopi Indian
Relocation, consistent with the Inspector General Act of 1978
(5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498 (20 U.S.C. 56 part A), $9,469,000, to
remain available until September 30, 2016.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$675,343,000, to remain available until September 30, 2016,
except as otherwise provided herein; of which not to exceed
$47,522,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$144,198,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109, and of which $24,010,000 shall be for
construction of the National Museum of African American
History and Culture.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of
[[Page H9165]]
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or
societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase
or rental of devices and services for protecting buildings
and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair
of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or
organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $119,500,000,
to remain available until September 30, 2016, of which not to
exceed $3,578,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $19,000,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $22,000,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $10,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $10,500,000, to remain available
until September 30, 2016.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,021,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,021,000 to
remain available until expended, of which $135,121,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $10,900,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter
91 of title 40, United States Code, $2,524,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,204,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$7,948,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$52,385,000, of which $515,000 shall remain available until
September 30, 2017, for the Museum's equipment replacement
program; and of which $1,900,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$1,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2015, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on
[[Page H9166]]
Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted
pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law
104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103-138, 103-332, 104-134, 104-
208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
108, 108-447, 109-54, 109-289, division B and Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public
Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329,
111-6, 111-8, 111-88, 112-10, 112-74, and 113-6 for payments
for contract support costs associated with self-determination
or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2013 for such
purposes, except that the Bureau of Indian Affairs, tribes
and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual
funding agreements.
contract support costs, fiscal year 2014 limitation
Sec. 406. Amounts provided under the headings ``Department
of the Interior, Bureau of Indian Affairs and Bureau of
Indian Education, Operation of Indian Programs'' and
``Department of Health and Human Services, Indian Health
Service, Indian Health Services'' in the Consolidated
Appropriations Act, 2014 (Public Law 113-76) are the only
amounts available for contract support costs arising out of
self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service for activities
funded by the fiscal year 2014 appropriation: Provided, That
such amounts provided by that Act are not available for
payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
contract support costs, fiscal year 2015 limitation
Sec. 407. Amounts provided by this Act for fiscal year
2015 under the headings ``Department of Health and Human
Services, Indian Health Service, Indian Health Services'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Operation of Indian Programs''
are the only amounts available for contract support costs
arising out of self-determination or self-governance
contracts, grants, compacts, or annual funding agreements for
fiscal year 2015 with the Bureau of Indian Affairs or the
Indian Health Service: Provided, That such amounts provided
by this Act are not available for payment of claims for
contract support costs for prior years, or for repayments of
payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 408. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 409. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 410. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 411. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 412. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal laws
that specifically authorize a contract within an Indian tribe
as defined in section 4(e) of that Act (25 U.S.C. 450b(e));
or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 413. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 414. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 415. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of
[[Page H9167]]
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
arts indemnity limitations
Sec. 416. Section 5 of the Arts and Artifacts Indemnity
Act (20 U.S.C. 974) is amended--
(1) in subsection (b)--
(A) by striking ``$10,000,000,000'' and inserting
``$15,000,000,000''; and
(B) by striking ``$5,000,000,000'' and inserting
``$7,500,000,000''; and
(2) in subsection (c)--
(A) by striking ``$1,200,000,000'' and inserting
``$1,800,000,000''; and
(B) by striking ``$750,000,000'' and inserting
``$1,000,000,000''.
status of balances of appropriations
Sec. 417. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
report on use of climate change funds
Sec. 418. Not later than 120 days after the date on which
the President's fiscal year 2016 budget request is submitted
to the Congress, the President shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate describing in detail all
Federal agency funding, domestic and international, for
climate change programs, projects, and activities in fiscal
years 2014 and 2015, including an accounting of funding by
agency with each agency identifying climate change programs,
projects, and activities and associated costs by line item as
presented in the President's Budget Appendix, and including
citations and linkages where practicable to each strategic
plan that is driving funding within each climate change
program, project, and activity listed in the report.
prohibition on use of funds
Sec. 419. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 420. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
american battlefield protection program grants
Sec. 421. Section 7301(c) of Public Law 111-11 (16 U.S.C.
469k-1(c)) is amended by striking ``2014'' and inserting
``2021''.
recreation fee
Sec. 422. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking ``10
years after December 8, 2004'' and inserting ``on September
30, 2016''.
modification of authorities
Sec. 423. (a) Section 8162(m)(3) of the Department of
Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public
Law 106-79) is amended by striking ``September 30, 2014'' and
inserting ``September 30, 2015''.
(b) For fiscal year 2015, the authority provided by the
provisos under the heading ``Dwight D. Eisenhower Memorial
Commission--Capital Construction'' in division E of Public
Law 112-74 shall not be in effect.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) This section does not apply with respect to a project
if a State agency approves the engineering plans and
specifications for the project, in that agency's capacity to
approve such plans and specifications prior to a project
requesting bids, prior to the date of the enactment of this
Act.
funding prohibition
Sec. 425. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2015''.
DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA''), the
Second Chance Act of 2007, and the Women in Apprenticeship
and Non-Traditional Occupations Act of 1992 (``WANTO Act''),
$3,139,706,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,624,108,000 as
follows:
(A) $776,736,000 for adult employment and training
activities, of which $64,736,000 shall be available for the
period July 1, 2015, through June 30, 2016, and of which
$712,000,000 shall be available for the period October 1,
2015 through June 30, 2016;
(B) $831,842,000 for youth activities, which shall be
available for the period April 1, 2015 through June 30, 2016;
and
(C) $1,015,530,000 for dislocated worker employment and
training activities, of which $155,530,000 shall be available
for the period July 1, 2015 through June 30, 2016, and of
which $860,000,000 shall be available for the period October
1, 2015 through June 30, 2016:
Provided, That notwithstanding section 128(a)(1) of the
WIOA, the amount available to the Governor for statewide
workforce investment activities shall not exceed 10 percent
of the amount allotted to the State from each of the
appropriations under the preceding subparagraphs;
(2) for federally administered programs, $429,520,000 as
follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available for
the period July 1, 2015 through September 30, 2016, and of
which $200,000,000 shall be available for the period October
1, 2015 through September 30, 2016: Provided, That funds
provided to carry out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for statewide or local
use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
sections 168(b) and 169(c) of the WIOA may be used for
technical assistance and demonstration projects,
[[Page H9168]]
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA and section 170(b)
of the Workforce Investment Act of 1998 (referred to in this
Act as ``WIA''), of the funds provided under this
subparagraph, and the funds available from the appropriation
under this subparagraph under the authority of the WIA in
Public Law 113-76, the Secretary of Labor (referred to in
this title as ``Secretary'') may reserve not more than 10
percent of such funds to provide technical assistance and
carry out additional activities related to the transition to
the WIOA;
(B) $46,082,000 for Native American programs, which shall
be available for the period July 1, 2015 through June 30,
2016;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $75,885,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,517,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $494,000 for
other discretionary purposes, which shall be available for
the period July 1, 2015 through June 30, 2016: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $994,000 for carrying out the WANTO Act, which shall be
available for the period July 1, 2015 through June 30, 2016;
and
(E) $79,689,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2015 through June 30, 2016;
(3) for national activities, $86,078,000, as follows:
(A) $82,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2015 through June 30, 2016: Provided, That
of this amount, $20,000,000 shall be for competitive grants
to national and regional intermediaries for activities that
prepare young ex-offenders and school dropouts for
employment, with a priority for projects serving high-crime,
high-poverty areas; and
(B) $4,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2015 through June 30,
2016.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,688,155,000, plus reimbursements, as follows:
(1) $1,580,825,000 for Job Corps Operations, which shall be
available for the period July 1, 2015 through June 30, 2016;
(2) $75,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2015 through June 30, 2018, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2016: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps,
including expenses under the authority of the WIA, which
shall be available for obligation for the period October 1,
2014 through September 30, 2015:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers:
Provided further, That an entity operating a Job Corps
center that is ranked among the top 5 percent of all Job
Corps centers based on the Outcome Measurement System for
program year 2013 shall be eligible to compete in any
selection process to operate such center that is carried out
during the period beginning on October 1, 2014 and ending on
June 30, 2015.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $434,371,000, which
shall be available for the period July 1, 2015 through June
30, 2016, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2015 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) and section 233(b) of the Trade Adjustment Assistance
Extension Act of 2011, $710,600,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2015.
state unemployment insurance and employment service operations
For authorized administrative expenses, $81,566,000,
together with not to exceed $3,495,584,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,757,793,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $60,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide
reemployment services and referrals to training as
appropriate, $10,000,000 for activities to address the
misclassification of workers, and $3,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under sections 231(a) and 233(b) of
the Trade Adjustment Assistance Extension Act of 2011, and
shall be available for obligation by the States through
December 31, 2015, except that funds used for automation
acquisitions shall be available for Federal obligation
through December 31, 2015, and for State obligation through
September 30, 2017, or, if the automation acquisition is
being carried out through consortia of States, for State
obligation through September 30, 2020, and for expenditure
through September 30, 2021, and funds for competitive grants
awarded to States for improved operations, to conduct in-
person assessments and reviews and provide reemployment
services and referrals, and to address misclassification of
workers shall be available for Federal obligation through
December 31, 2015 and for obligation by the States through
September 30, 2017, and funds used for unemployment insurance
workloads experienced by the States through September 30,
2015 shall be available for Federal obligation through
December 31, 2015: Provided, That funds provided under this
heading for fiscal year 2011 through fiscal year 2014 for
automation acquisitions that are being carried out by
consortia of States shall be available for expenditure by the
States for six fiscal years after the fiscal year in which
the funds were obligated to the States;
(2) $12,892,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $642,771,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2015 through June 30, 2016;
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $48,028,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $60,153,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2015
through June 30, 2016:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2015 is
projected by the Department of Labor to exceed 2,957,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange
[[Page H9169]]
System: Provided further, That funds appropriated in this
Act which are used to establish a national one-stop career
center system, or which are used to support the national
activities of the Federal-State unemployment insurance,
employment service, or immigration programs, may be obligated
in contracts, grants, or agreements with States and non-State
entities: Provided further, That States awarded competitive
grants for improved operations under title III of the Social
Security Act, or awarded grants to support the national
activities of the Federal-State unemployment insurance
system, may award subgrants to other States under such
grants, subject to the conditions applicable to the grants:
Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation
principles prescribed under the Office of Management and
Budget Circular A-87: Provided further, That the Secretary,
at the request of a State participating in a consortium with
other States, may reallot funds allotted to such State under
title III of the Social Security Act to other States
participating in the consortium in order to carry out
activities that benefit the administration of the
unemployment compensation law of the State making the
request: Provided further, That the Secretary may collect
fees for the costs associated with additional data
collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and
local governments, public and private institutions of higher
education, and non-profit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for
the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and
reporting needs of such entities, which shall be credited to
this appropriation and shall remain available until September
30, 2016, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available for in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews and to provide reemployment services and referrals to
training as appropriate, which shall be available for Federal
obligations through December 31, 2015, and for State
obligation through September 30, 2017.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2016.
program administration
For expenses of administering employment and training
programs, $104,577,000, together with not to exceed
$49,982,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2015, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2015 shall be available for
obligations for administrative expenses in excess of
$415,394,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2015, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2016, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $39,129,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $106,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $110,823,000, together with $2,177,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of
the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $210,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary
to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2014, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2015: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $60,334,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$19,499,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,482,000;
(4) For program integrity, $1,385,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$77,262,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2016, $21,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $56,406,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal
[[Page H9170]]
Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of
that Act. In addition, the following amounts may be expended
from the Fund for fiscal year 2015 for expenses of operation
and administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $33,321,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $30,403,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $552,787,000, including not to exceed
$100,850,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2015, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $10,537,000 shall
be available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $8,441,000 for state assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the
sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$527,212,000, together with not to exceed $65,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$337,621,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$64,825,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2015:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than
$58,825,000 shall be for programs to combat exploitative
child labor internationally and not less than $6,000,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2016: Provided further,
That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce.
veterans employment and training
Not to exceed $231,872,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which:
(1) $175,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
obligation by the States through December 31, 2015 and not to
exceed 3 percent for the necessary Federal expenditures for
data systems and contract support to allow for the tracking
of participant and performance information: Provided, That,
in addition, such funds may be used to support such
specialists and representatives in the provision of services
to transitioning members of the Armed Forces who have
participated in the Transition Assistance Program and have
been identified as in need of intensive services, to members
of the Armed Forces who are wounded, ill, or injured and
receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $14,000,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $39,458,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
[[Page H9171]]
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$38,109,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2015, to provide services under such section: Provided
further, That services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $15,394,000.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $76,000,000, together with not to exceed
$5,590,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 may be used for any purpose other than competitive
grants for training individuals over the age of 16 who are
not currently enrolled in school within a local educational
agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training: Provided,
That the preceding limitation shall not apply to funding
provided pursuant to solicitations for grant applications
issued prior to January 15, 2014.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(including transfer of funds)
Sec. 106. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(including transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.5
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2016: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', funding made available to the ``Bureau of
International Affairs'' and ``Women's Bureau'' within the
``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 109. None of the funds made available by this Act may
be used by the Pension Benefit Guaranty Corporation to take
any action in connection with any asserted liability under
subsection (e) of section 4062 of the Employee Retirement
Income Security Act of 1974: Provided, That this section
shall cease to apply upon the enactment of any bill that
amends such subsection.
(including transfer of funds)
Sec. 110. (a) The Secretary may reserve not more than 0.25
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
information technology purchases and upgrades for any of the
programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the
Chief Information Officer within the Department of Labor, and
shall be available for obligation through September 30, 2016:
Provided, That such funds shall only be available if the
Chief Information Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the purchases and
upgrades to be carried out and an explanation of why funds
are not needed in the donor account 15 days in advance of any
transfer.
(b) The accounts referred to in subsection (a) are:
``Employment and Training Administration Program
Administration'', funding made available for Federal
administration within ``Job Corps'', ``Foreign Labor
Certification Program Administration'', ``Employee Benefits
Security Administration'', ``Office of Workers' Compensation
Programs'', ``Wage and Hour Division'', ``Office of Federal
Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Veterans Employment and Training'', ``Bureau of Labor
Statistics'', and ``Office of Disability Employment Policy''.
Sec. 111. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be
[[Page H9172]]
applied as if the following text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
This title may be cited as the ``Department of Labor
Appropriations Act, 2015''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,491,522,000: Provided, That no more
than $100,000 shall be available until expended for carrying
out the provisions of section 224(o) of the PHS Act,
including associated administrative expenses and relevant
evaluations: Provided further, That no more than $99,893,000
shall be available until expended for carrying out the
provisions of Public Law 104-73 and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law: Provided further, That of funds provided for
the Health Centers program, as defined by section 330 of the
PHS Act, by this Act or any other Act for fiscal year 2015,
not less than $165,000,000 shall be obligated in fiscal year
2015 as base grant adjustments, not less than $350,000,000
shall be obligated in fiscal year 2015 to support new access
points including approved and unfunded applications from
fiscal year 2014, grants to expand medical services,
behavioral health, oral health, pharmacy, and vision
services, and up to $150,000,000 shall be obligated in fiscal
year 2015 for construction and capital improvement costs.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, section 1128E of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $751,600,000: Provided, That sections
747(c)(2), 751(j)(2), 762(k), and the proportional funding
amounts in paragraphs (1) through (4) of section 756(e) of
the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary may hereafter waive any of the
requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a
grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the
full costs of operating the programs authorized by such
sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That
funds transferred to this account to carry out section 846
and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such
sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $851,738,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $77,093,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in paragraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,318,781,000, of which
$1,970,881,000 shall remain available to the Secretary
through September 30, 2017, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $103,193,000, of which $122,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act, the Cardiac Arrest Survival Act
of 2000, and sections 711 and 1820 of the Social Security
Act, $147,471,000, of which $41,609,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program:
Provided, That of the funds made available under this heading
for Medicare rural hospital flexibility grants, $14,942,000
shall be available for the Small Rural Hospital Improvement
Grant Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services,
including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs
electronic health record system: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $9,511,000
shall be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
program management
For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$7,500,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $573,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/
[[Page H9173]]
AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,117,609,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $352,990,000: Provided, That of the
funds available under this heading, $30,000,000 shall be for
the Advanced Molecular Detection initiative.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $747,220,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds available under this heading, $7,500,000
shall be available to continue and expand community specific
extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That
of the funds provided under this heading, $80,000,000 shall
be available for a program consisting of three-year grants of
no less than $100,000 per year to non-governmental entities,
local public health offices, school districts, local housing
authorities, local transportation authorities or Indian
tribes to implement evidence-based chronic disease prevention
strategies: Provided further, That applicants for grants
described in the previous proviso shall determine the
population to be served and shall agree to work in
collaboration with multi-sector partners: Provided further,
That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made
available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $131,781,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $481,061,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $166,404,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $170,447,000:
Provided, That of the funds provided under this heading,
$20,000,000 shall be available for an evidence-based
prescription drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $334,863,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $416,517,000, of which
$128,421,000 for international HIV/AIDS shall remain
available through September 30, 2016: Provided, That funds
may be used for purchase and insurance of official motor
vehicles in foreign countries: Provided further, That these
funds are in addition to amounts provided in section 137 of
Public Law 113-164.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,352,551,000, of
which $534,343,000 shall remain available until expended for
the Strategic National Stockpile: Provided, That in the
event the Director of the CDC activates the Emergency
Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 45 days to support the
work of the CDC Emergency Operations Center, so long as the
Director provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
For acquisition of real property, equipment, construction,
and renovation of facilities, $10,000,000, which shall remain
available until September 30, 2019: Provided, That funds
previously set-aside by CDC for repair and upgrade of the
Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $113,570,000: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and
in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period
of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act
for official reception and representation expenses when
specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2016: Provided further,
That of the funds made available under this heading and in
all other accounts of CDC, up to $1,000 per eligible employee
of CDC shall be made available until expended for Individual
Learning Accounts.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $4,950,396,000, of which up to
$8,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $2,997,870,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$399,886,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,749,681,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,605,205,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$4,358,841,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,371,476,000, of
which $715,000,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$273,325,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,286,571,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$684,191,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $667,502,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,199,468,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $521,665,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$405,302,000.
[[Page H9174]]
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $140,953,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $447,408,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,028,614,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,463,036,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $499,356,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $330,192,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$124,681,000: Provided, That these funds may be used to
support the transition enacted in section 224 of this Act.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $269,154,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $67,786,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$336,939,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2016: Provided further, That
in fiscal year 2015, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $635,230,000:
Provided, That up to $9,835,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$474,746,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $1,401,134,000, of which up to $25,000,000 may
be used to carry out section 213 of this Act: Provided, That
funding shall be available for the purchase of not to exceed
29 passenger motor vehicles for replacement only: Provided
further, That all funds credited to the NIH Management Fund
shall remain available for one fiscal year after the fiscal
year in which they are deposited: Provided further, That
$165,000,000 shall be for the National Children's Study
(``NCS'') or research related to the Study's goals and
mission, and any funds in excess of the estimated need shall
be transferred to and merged with the accounts for the
various Institutes and Centers to support activity related to
the goals and objectives of the NCS: Provided further, That
NIH shall submit a spend plan on the NCS's next phase to the
Committees on Appropriations of the House of Representatives
and the Senate not later than 90 days after the date of
enactment of this Act: Provided further, That $533,039,000
shall be available for the Common Fund established under
section 402A(c)(1) of the PHS Act: Provided further, That of
the funds provided, $10,000 shall be for official reception
and representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of
AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That NIH
shall contract with the National Academy of Sciences for a
Blue Ribbon Commission on Scientific Literacy and Standing:
Provided further, That NIH shall submit to Congress an NIH-
wide 5-year scientific strategic plan as outlined in sections
402(b)(3) and 402(b)(4) of the PHS Act no later than 1 year
after enactment of this Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title
26, United States Code, for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller
Kids First Research Act.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $128,863,000, to
remain available through September 30, 2019.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,045,936,000:
Provided, That notwithstanding section 520A(f)(2) of the PHS
Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS
Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of
the PHS Act to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2015:
Provided further, That of the amount appropriated under this
heading, $45,887,000 shall be for the National Child
Traumatic Stress Initiative as described in section 582 of
the PHS Act: Provided further, That notwithstanding section
565(b)(1) of the PHS Act, technical assistance may be
provided to a public entity to establish or operate a system
of comprehensive community mental health services to children
with a serious emotional disturbance, without regard to
whether the public entity receives a grant under section
561(a) of such Act: Provided further, That States shall
expend at least 5 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-
based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided
further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of
the PHS Act with respect to substance abuse prevention,
$2,102,658,000: Provided, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of
the PHS Act shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $175,219,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $150,232,000: Provided, That
in addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(m) of the PHS Act shall remain
available through September 30, 2016: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $363,698,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2015: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2016.
[[Page H9175]]
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $234,608,916,000, to
remain available until expended.
For making, after May 31, 2015, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last
quarter of fiscal year 2015 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2016,
$113,272,140,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $259,212,000,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare and Medicaid Services, not to exceed
$3,669,744,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
be credited to this account and remain available until
September 30, 2020: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this
appropriation: Provided further, That the Secretary is
directed to collect fees in fiscal year 2015 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $672,000,000, to remain
available through September 30, 2016, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$477,120,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$67,200,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act, of which $67,200,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities, and of which $60,480,000 shall be for
the Department of Justice to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2015 shall include
measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading,
$311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $361,000,000 is
additional new budget authority specified for purposes of
section 251(b)(2)(C) of such Act.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,438,523,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2016, $1,160,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,390,304,000: Provided, That all but $491,000,000 of
this amount shall be allocated as though the total
appropriation for such payments for fiscal year 2015 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section
2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with
internal controls, policies and procedures and may, in
addition to the authorities provided in section 2609A(a)(1),
use such funds through contracts with private entities that
do not qualify as nonprofit organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief
Act of 1998, $1,559,884,000, of which $1,533,394,000 shall
remain available through September 30, 2017 for carrying out
such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out such section 203
and the TVPA shall also be available for research and
evaluation with respect to activities under those
authorities: Provided further, That the limitation in
section 206 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations
under this heading by substituting ``10 percent'' for ``3
percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $2,435,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That $19,357,000 shall be available for child care resource
and referral and school-aged child care activities, of which
$996,000 shall be available to the Secretary for a
competitive grant for the operation of a national toll free
referral line and Web site to develop and disseminate child
care consumer education information for parents and help
parents access child care in their local community: Provided
further, That, in addition to the amounts required to be
reserved by the States under section 658G of the CCDBG Act,
$305,906,000 shall be reserved by the States for activities
authorized under section 658G, of which $112,187,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,851,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities: Provided further, That technical
assistance under section 658I(a)(3) of such Act may be
provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 303 and 313 of the
Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), the Abandoned Infants Assistance
Act of 1988, part B-1 of title IV and sections 413, 1110, and
1115 of the Social Security Act; for making payments under
the Community Services Block Grant Act (``CSBG Act''),
sections 473B and 477(i) of the Social Security Act, and the
Assets for Independence Act; for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981,
title IV of the Immigration and Nationality Act, and section
501 of the Refugee Education Assistance Act of 1980; and for
the administration of prior year obligations made by the
Administration for Children and Families under the
Developmental Disabilities Assistance and Bill of Rights Act
and the Help America Vote Act of 2002, $10,346,115,000, of
which $37,943,000, to remain available through September 30,
2016, shall be for grants to States
[[Page H9176]]
for adoption incentive payments, as authorized by section
473A of the Social Security Act and may be made for adoptions
completed before September 30, 2015: Provided, That
$8,598,095,000 shall be for making payments under the Head
Start Act: Provided further, That of the amount in the
previous proviso, $8,073,095,000 shall be available for
payments under section 640 of the Head Start Act: Provided
further, That of the amount provided for making payments
under the Head Start Act, $25,000,000 shall be available for
allocation by the Secretary to supplement activities
described in paragraphs (7)(B) and (9) of section 641(c) of
such Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12) and
645A(d) of such Act: Provided further, That amounts
allocated to Head Start grantees at the discretion of the
Secretary to supplement activities pursuant to the previous
proviso shall not be included in the calculation of the
``base grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of the Head Start Act: Provided
further, That notwithstanding section 640 of the Head Start
Act, of the amount provided for making payments under the
Head Start Act, and in addition to funds otherwise available
under section 640 for such purposes, $500,000,000 shall be
available through March 31, 2016 for Early Head Start
programs as described in section 645A of such Act, for
conversion of Head Start services to Early Head Start
services as described in section 645(a)(5)(A) of such Act,
and for discretionary grants for high quality infant and
toddler care through Early Head Start-Child Care
Partnerships, to entities defined as eligible under section
645A(d) of such Act, with such funds in this Act and Public
Law 113-76 not included in the calculation of the ``base
grant'' for the current or any subsequent fiscal year as such
term is used in section 640(a)(7)(A) of the Head Start Act,
and, notwithstanding section 645A(c)(2) of such Act, these
funds are available to serve children under age 4: Provided
further, That of the amount made available in the immediately
preceding proviso, up to $10,000,000 shall be available for
the Federal costs of administration and evaluation activities
of the program described in such proviso: Provided further,
That $710,383,000 shall be for making payments under the CSBG
Act: Provided further, That $36,733,000 shall be for
sections 680 and 678E(b)(2) of the CSBG Act, of which not
less than $29,883,000 shall be for section 680(a)(2) and not
less than $6,500,000 shall be for section 680(a)(3)(B) of
such Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the CSBG Act,
and have not been expended by such entity, they shall remain
with such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of
such grantees after a period of not more than 12 years after
the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments
and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
section 303(a)(2)(A)(i) of the Family Violence Prevention and
Services Act shall not apply to amounts provided herein:
Provided further, That $1,864,000 shall be for a human
services case management system for federally declared
disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $4,832,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2016, $2,300,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
OAA, titles III and XXIX of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5
of subtitle D of title II of the Help America Vote Act of
2002, and for Department-wide coordination of policy and
program activities that assist individuals with disabilities,
$1,621,141,000, together with $52,115,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry
out section 4360 of the Omnibus Budget Reconciliation Act of
1990: Provided, That amounts appropriated under this heading
may be used for grants to States under section 361 of the OAA
only for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided
further, That none of the funds provided shall be used to
carry out sections 1701 and 1703 of the PHS Act (with respect
to chronic disease self-management activity grants), except
that such funds may be used for necessary expenses associated
with administering any such grants awarded prior to the date
of the enactment of this Act: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $448,034,000,
together with $64,828,000 from the amounts available under
section 241 of the PHS Act to carry out national health or
human services research and evaluation activities: Provided,
That of this amount, $52,224,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That
of the funds made available under this heading, $101,000,000
shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and
age appropriate programs that reduce teen pregnancy and for
the Federal costs associated with administering and
evaluating such contracts and grants, of which not more than
10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional
program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been
proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $1,750,000 is for
strengthening the Department's acquisition workforce capacity
and capabilities: Provided further, That with respect to the
previous proviso, such funds shall be available for training,
recruiting, retaining, and hiring members of the acquisition
workforce as defined by 41 U.S.C. 1703, for information
technology in support of acquisition workforce effectiveness
and for management solutions to improve acquisition
management: Provided further, That of the funds made
available under this heading, $5,000,000 shall be for making
competitive grants to provide abstinence education (as
defined by section 510(b)(2)(A)-(H) of the Social Security
Act) to adolescents, and for Federal costs of administering
the grant: Provided further, That grants made under the
authority of section 510(b)(2)(A)-(H) of the Social Security
Act shall be made only to public and private entities that
agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case
of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity
in a different setting than the setting in which abstinence
education was provided: Provided further, That funds
provided in this Act for embryo adoption activities may be
used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings
and Appeals, $87,381,000, to be transferred in appropriate
part from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.
[[Page H9177]]
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $71,000,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $848,154,000, of
which $415,000,000 shall remain available through September
30, 2016, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act, and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the
amounts made available to support emergency operations shall
remain available through September 30, 2017: Provided
further, That these funds are in addition to amounts provided
in section 136 of Public Law 113-164.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $255,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $71,915,000; of
which $39,906,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2015:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the
[[Page H9178]]
same basis as that provided under subchapter I of chapter 63
of title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research
identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 214. Funds which are available for Individual
Learning Accounts for employees of CDC and the Agency for
Toxic Substances and Disease Registry (``ATSDR'') may be
transferred to appropriate accounts of CDC, to be available
only for Individual Learning Accounts: Provided, That such
funds may be used for any individual full-time equivalent
employee while such employee is employed either by CDC or
ATSDR.
Sec. 215. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 216. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 217. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 218. (a) The Secretary shall establish a publicly
accessible Web site to provide information regarding the uses
of funds made available under section 4002 of the Patient
Protection and Affordable Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of
the ACA, the Secretary shall include on the Web site
established under subsection (a) at a minimum the following
information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to
be posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for
grants, cooperative agreements, or contracts intended to be
awarded using such funds, to be posted not later than the day
after the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted
not later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013
through 2015, the Secretary shall also include on the Web
site established under subsection (a), semi-annual reports
from each entity awarded a grant, cooperative agreement, or
contract from such funds with a value of $25,000 or more,
summarizing the activities undertaken and identifying any
sub-grants or sub-contracts awarded (including the purpose of
the award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall:
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 219. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the Patient Protection and Affordable Care Act of
2010 (``ACA'') to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this Consolidated Act) accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 220. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section:
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 221. (a) The Secretary shall publish in the fiscal
year 2016 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the Patient Protection and Affordable
Care Act of 2010 (``ACA''), and the amendments made by that
Act, in the proposed fiscal year and the 4 prior fiscal
years.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who:
(1) Are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA;
(3) or who work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 222. In addition to the amounts otherwise available
for ``Centers for Medicare and Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
Sec. 223. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the execution of a
contract awarded in fiscal year 2015 under section 338B of
such Act.
Sec. 224. Title IV of the PHS Act is amended by:
(1) Striking ``National Center for Complementary and
Alternative Medicine'' in each place it appears and replacing
it with ``National Center for Complementary and Integrative
Health'';
(2) Striking ``alternative medicine'' in each place it
appears and replacing it with ``integrative health'';
(3) Striking all references to ``alternative and
complementary medical treatment'' or ``complementary and
alternative treatment'' in each place either appears and
inserting ``complementary and integrative health'';
(4) Striking references to ``alternative medical
treatment'' in each place it appears and inserting
``integrative health treatment''; and
(5) Striking section 485D(c) and inserting:
``(c) In carrying out subsection (a), the Director of the
Center shall, as appropriate, study the integration of new
and non-traditional approaches to health care treatment and
consumption, including but not limited
[[Page H9179]]
to non-traditional treatment, diagnostic and prevention
systems, modalities, and disciplines.''.
Sec. 225. In addition to amounts provided herein, payments
made for research organisms or substances, authorized under
section 301(a) of the PHS Act, shall be retained and credited
to the appropriations accounts of the Institutes and Centers
of the NIH making the substance or organism available under
section 301(a). Amounts credited to the account under this
authority shall be available for obligation through September
30, 2016.
Sec. 226. The Secretary shall publish, as part of the
fiscal year 2016 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare and Medicaid Services specifically for Health
Insurance Marketplaces for each fiscal year since the
enactment of the Patient Protection and Affordable Care Act
(Public Law 111-148) and the proposed uses for such funds for
fiscal year 2016. Such information shall include, for each
such fiscal year--
(1) the amount of funds used for each activity specified
under the heading ``Health Insurance Marketplace
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
Consolidated Act) accompanying this Act; and
(2) the milestones completed for data hub functionality and
implementation readiness.
Sec. 227. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare and Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
Sec. 228. (a) Subject to the succeeding provisions of this
section, activities authorized under part A of title IV and
section 1108(b) of the Social Security Act shall continue
through September 30, 2015, in the manner authorized for
fiscal year 2014, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority
through September 30, 2015, at the level provided for such
activities for fiscal year 2014, except as provided in
subsections (b) and (c).
(b) In the case of the Contingency Fund for State Welfare
Programs established under section 403(b) of the Social
Security Act--
(1) the amount appropriated for section 403(b) of such Act
shall be $608,000,000 for each of fiscal years 2015 and 2016;
(2) the requirement to reserve funds provided for in
section 403(b)(2) of such Act shall not apply during fiscal
years 2015 and 2016; and
(3) grants and payments may only be made from such Fund for
fiscal year 2015 after the application of subsection (d).
(c) In the case of research, evaluations, and national
studies funded under section 413(h)(1) of the Social Security
Act, no funds shall be appropriated under that section for
fiscal year 2015 or any fiscal year thereafter.
(d) Of the amount made available under subsection (b)(1)
for section 403(b) of the Social Security Act for fiscal year
2015--
(1) $15,000,000 is hereby transferred and made available to
carry out section 413(h) of the Social Security Act; and
(2) $10,000,000 is hereby transferred and made available to
the Bureau of the Census to conduct activities using the
Survey of Income and Program Participation to obtain
information to enable interested parties to evaluate the
impact of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
(e) Section 413(h)(1) of the Social Security Act (42 U.S.C.
613(h)(1)) is amended, in the matter preceding subparagraph
(A), by striking ``Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $15,000,000 for fiscal year 2012'' and inserting
``Funds made available to carry out this section for a fiscal
year shall be used''.
(f) Section 414 of the Social Security Act (42 U.S.C. 614)
is repealed.
(g) Expenditures made pursuant to Public Law 113-164 for
section 403(b) of the Social Security Act for fiscal year
2015 shall be charged to the appropriation provided by
subsection (b)(1) for such fiscal year.
Sec. 229. The remaining unobligated balances of the amount
appropriated for fiscal year 2015 by section 510(d) of the
Social Security Act (42 U.S.C. 710(d)) for which no
application has been received by the Funding Opportunity
Announcement deadline, shall be made available to States that
require the implementation of each element described in
subparagraphs (A) through (H) of the definition of abstinence
education in section 510(b)(2). The remaining unobligated
balances shall be reallocated to such States that submit a
valid application consistent with the original formula for
this funding.
Sec. 230. Hereafter, for each fiscal year through fiscal
year 2025, the Director of the National Institutes of Health
shall prepare and submit directly to the President for review
and transmittal to Congress, after reasonable opportunity for
comment, but without change, by the Secretary of Health and
Human Services and the Advisory Council on Alzheimer's
Research, Care, and Services, an annual budget estimate
(including an estimate of the number and type of personnel
needs for the Institutes) for the initiatives of the National
Institutes of Health pursuant to the National Alzheimer's
Plan, as required under section 2(d)(2) of Public Law 111-
375.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2015''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (referred to in this Act as ``ESEA'')
and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $15,536,107,000, of
which $4,652,762,000 shall become available on July 1, 2015,
and shall remain available through September 30, 2016, and of
which $10,841,177,000 shall become available on October 1,
2015, and shall remain available through September 30, 2016,
for academic year 2015-2016: Provided, That $6,459,401,000
shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $3,984,000 of these funds shall
be available to the Secretary of Education (referred to in
this title as ``Secretary'') on October 1, 2014, to obtain
annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further,
That $3,294,050,000 shall be for targeted grants under
section 1125 of the ESEA: Provided further, That
$3,294,050,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That funds available under sections 1124, 1124A, 1125 and
1125A of the ESEA may be used to provide homeless children
and youths with services not ordinarily provided to other
students under those sections, including supporting the
liaison designated pursuant to section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act, and providing
transportation pursuant to section 722(g)(1)(J)(iii) of such
Act: Provided further, That $710,000 shall be to carry out
sections 1501 and 1503 of the ESEA: Provided further, That
$505,756,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated
by the Secretary through the formula described in section
1003(g)(2) and shall be used consistent with the requirements
of section 1003(g), except that State and local educational
agencies may use such funds to serve any school eligible to
receive assistance under part A of title I that has not made
adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency
rates and, in the case of secondary schools, priority shall
be given to those schools with graduation rates below 60
percent: Provided further, That notwithstanding section
1003(g)(5)(C) of the ESEA, the Secretary may permit a State
educational agency to establish an award period of up to 5
years for each participating local educational agency:
Provided further, That funds available for school improvement
grants for fiscal year 2014 and thereafter may be used by a
local educational agency to implement a whole-school reform
strategy for a school using an evidence-based strategy that
ensures whole-school reform is undertaken in partnership with
a strategy developer offering a whole-school reform program
that is based on at least a moderate level of evidence that
the program will have a statistically significant effect on
student outcomes, including at least one well-designed and
well-implemented experimental or quasi-experimental study:
Provided further, That funds available for school improvement
grants may be used by a local educational agency to implement
an alternative State-determined school improvement strategy
that has been established by a State educational agency with
the approval of the Secretary: Provided further, That a
local educational agency that is determined to be eligible
for services under subpart 1 or 2 of part B of title VI of
the ESEA may modify not more than one element of a school
improvement grant model: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational
agency may establish a maximum subgrant size of not more than
$2,000,000 for each participating school applicable to such
funds: Provided further, That the Secretary may reserve up
to 5 percent of the funds available for section 1003(g) of
the ESEA to carry out activities to build State and local
educational agency capacity to implement effectively the
school improvement grants program: Provided further, That
$160,000,000 shall be available under section 1502 of the
ESEA for a comprehensive literacy development and education
program to advance literacy skills, including pre-literacy
skills, reading, and writing, for students from birth through
grade 12, including limited-English-proficient students and
students with disabilities, of which one-half of 1 percent
shall be reserved for the Secretary of the Interior for such
a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to 5 percent may
be reserved for national activities, and the remainder shall
be used to award competitive grants to State educational
agencies for such a program, of which a State educational
agency may reserve up to 5 percent for State leadership
activities, including technical assistance and training,
[[Page H9180]]
data collection, reporting, and administration, and shall
subgrant not less than 95 percent to local educational
agencies or, in the case of early literacy, to local
educational agencies or other nonprofit providers of early
childhood education that partner with a public or private
nonprofit organization or agency with a demonstrated record
of effectiveness in improving the early literacy development
of children from birth through kindergarten entry and in
providing professional development in early literacy, giving
priority to such agencies or other entities serving greater
numbers or percentages of disadvantaged children: Provided
further, That the State educational agency shall ensure that
at least 15 percent of the subgranted funds are used to serve
children from birth through age 5, 40 percent are used to
serve students in kindergarten through grade 5, and 40
percent are used to serve students in middle and high school
including an equitable distribution of funds between middle
and high schools: Provided further, That eligible entities
receiving subgrants from State educational agencies shall use
such funds for services and activities that have the
characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and
other research-based methods of improving classroom
instruction and practice: Provided further, That $37,474,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
ESEA, $1,288,603,000, of which $1,151,233,000 shall be for
basic support payments under section 8003(b), $48,316,000
shall be for payments for children with disabilities under
section 8003(d), $17,406,000 shall be for construction under
section 8007(b) and be available for obligation through
September 30, 2016, $66,813,000 shall be for Federal property
payments under section 8002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 8008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 8003(a) for school year 2014-2015,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 8003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A and B of title II, part B of title IV, parts A and
B of title VI, and parts B and C of title VII of the ESEA;
the McKinney-Vento Homeless Assistance Act; section 203 of
the Educational Technical Assistance Act of 2002; the Compact
of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $4,402,671,000, of which $2,585,661,000
shall become available on July 1, 2015, and remain available
through September 30, 2016, and of which $1,681,441,000 shall
become available on October 1, 2015, and shall remain
available through September 30, 2016, for academic year 2015-
2016: Provided, That funds made available to carry out part
B of title VII of the ESEA may be used for construction,
renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary
school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That funds
made available to carry out part C of title VII of the ESEA
shall be awarded on a competitive basis, and also may be used
for construction: Provided further, That $48,445,000 shall
be available to carry out section 203 of the Educational
Technical Assistance Act of 2002: Provided further, That
$16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That up to 2.3 percent of the
funds for subpart 1 of part A of title II of the ESEA shall
be reserved by the Secretary for competitive awards for
teacher or principal recruitment and training or professional
enhancement activities, including for civic education
instruction, to national not-for-profit organizations, of
which up to 8 percent may only be used for research,
dissemination, evaluation, and technical assistance for
competitive awards carried out under this proviso: Provided
further, That $152,717,000 shall be to carry out part B of
title II of the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the ESEA,
$123,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V of the ESEA, and section 14007 of
division A of the American Recovery and Reinvestment Act of
2009, as amended, $1,102,111,000: Provided, That up to
$120,000,000 shall be available through December 31, 2015 for
section 14007 of division A of Public Law 111-5, and up to 5
percent of such funds may be used for technical assistance
and the evaluation of activities carried out under such
section: Provided further, That the education facilities
clearinghouse established through a competitive award process
in fiscal year 2013 is authorized to collect and disseminate
information on effective educational practices and the latest
research regarding the planning, design, financing,
construction, improvement, operation, and maintenance of
safe, healthy, high-performance public facilities for early
learning programs, kindergarten through grade 12, and higher
education: Provided further, That $230,000,000 of the funds
for subpart 1 of part D of title V of the ESEA shall be for
competitive grants to local educational agencies, including
charter schools that are local educational agencies, or
States, or partnerships of: (1) a local educational agency, a
State, or both; and (2) at least one nonprofit organization
to develop and implement performance-based compensation
systems for teachers, principals, and other personnel in
high-need schools: Provided further, That such performance-
based compensation systems must consider gains in student
academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That recipients of such grants shall demonstrate
that such performance-based compensation systems are
developed with the input of teachers and school leaders in
the schools and local educational agencies to be served by
the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools
(which may be developed and used for the entire local
educational agency or only for schools served under the
grant) that would enhance the quality and success of the
compensation system, such as high-quality teacher evaluations
and tools to measure growth in student achievement: Provided
further, That applications for such grants shall include a
plan to sustain financially the activities conducted and
systems developed under the grant once the grant period has
expired: Provided further, That up to 5 percent of such
funds for competitive grants shall be available for technical
assistance, training, peer review of applications, program
outreach, and evaluation activities: Provided further, That
$250,000,000 of the funds for part D of title V of the ESEA
shall be available through December 31, 2015 for carrying
out, in accordance with the applicable requirements of part D
of title V of the ESEA, a preschool development grants
program: Provided further, That the Secretary, jointly with
the Secretary of HHS, shall make competitive awards to States
for activities that build the capacity within the State to
develop, enhance, or expand high-quality preschool programs,
including comprehensive services and family engagement, for
preschool-aged children from families at or below 200 percent
of the Federal poverty line: Provided further, That each
State may subgrant a portion of such grant funds to local
educational agencies and other early learning providers
(including, but not limited to, Head Start programs and
licensed child care providers), or consortia thereof, for the
implementation of high-quality preschool programs for
children from families at or below 200 percent of the Federal
poverty line: Provided further, That subgrantees that are
local educational agencies shall form strong partnerships
with early learning providers and that subgrantees that are
early learning providers shall form strong partnerships with
local educational agencies, in order to carry out the
requirements of the subgrant: Provided further, That up to 3
percent of such funds for preschool development grants shall
be available for technical assistance, evaluation, and other
national activities related to such grants: Provided
further, That $10,000,000 of funds available under part D of
title V of the ESEA shall be for the Full-Service Community
Schools program: Provided further, That of the funds
available for part B of title V of the ESEA, the Secretary
shall use up to $11,000,000 to carry out activities under
section 5205(b) and shall use not less than $13,000,000 for
subpart 2: Provided further, That of the funds available for
subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary shall reserve
up to $75,000,000 to make multiple awards to non-profit
charter management organizations and other entities that are
not for-profit entities for the replication and expansion of
successful charter school models and shall reserve not less
than $11,000,000 to carry out the activities described in
section 5205(a), including improving quality and oversight of
charter schools and providing technical assistance and grants
to authorized public chartering agencies in order to increase
the number of high-performing charter schools: Provided
further, That funds available for part B of title V of the
ESEA may be used for grants that support preschool education
in charter schools: Provided further, That each application
submitted pursuant to section 5203(a) shall describe a plan
to monitor and hold accountable authorized public chartering
agencies through such activities as providing technical
assistance or
[[Page H9181]]
establishing a professional development program, which may
include evaluation, planning, training, and systems
development for staff of authorized public chartering
agencies to improve the capacity of such agencies in the
State to authorize, monitor, and hold accountable charter
schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that
State law, regulations, or other policies require that: (1)
each authorized charter school in the State operate under a
legally binding charter or performance contract between
itself and the school's authorized public chartering agency
that describes the rights and responsibilities of the school
and the public chartering agency; conduct annual, timely, and
independent audits of the school's financial statements that
are filed with the school's authorized public chartering
agency; and demonstrate improved student academic
achievement; and (2) authorized public chartering agencies
use increases in student academic achievement for all groups
of students described in section 1111(b)(2)(C)(v) of the ESEA
as one of the most important factors when determining to
renew or revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title
IV and subparts 1, 2, and 10 of part D of title V of the
ESEA, $223,315,000: Provided, That $70,000,000 shall be
available for subpart 2 of part A of title IV, of which up to
$5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (``Project
SERV'') program to provide education-related services to
local educational agencies and institutions of higher
education in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided
further, That $56,754,000 shall be available through December
31, 2015 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$737,400,000, which shall become available on July 1, 2015,
and shall remain available through September 30, 2016, except
that 6.5 percent of such amount shall be available on October
1, 2014, and shall remain available through September 30,
2016, to carry out activities under section 3111(c)(1)(C):
Provided, That the Secretary shall use estimates of the
American Community Survey child counts for the most recent 3-
year period available to calculate allocations under such
part: Provided further, That the Secretary shall use
$14,000,000 of funds available under this paragraph for
grants to all State educational agencies within States with
at least one county where 50 or more unaccompanied children
have been released to sponsors since January 1, 2014, through
the Department of Health and Human Services, Office of
Refugee Resettlement: Provided further, That awards to
eligible State educational agencies shall be based on the
State's relative share of unaccompanied children that have
been released to sponsors since January 1, 2014: Provided
further, That the data on unaccompanied children used by the
Secretary under the two preceding provisos shall be the most
recently available data from the Department of Health and
Human Services, Office of Refugee Resettlement, as of the
date of enactment of this Act: Provided further, That each
eligible State educational agency that receives a grant shall
award subgrants to local educational agencies in the State
that have experienced a significant increase during the 2014-
2015 school year, as determined by the State educational
agency, compared to the average of the 2 preceding school
years, in the number or percentage of immigrant children and
youth enrolled in their schools: Provided further, That
local educational agencies shall use those subgrants for
supplemental academic and non-academic services and supports
to immigrant children and youth: Provided further, That the
term ``immigrant children and youth'' has the meaning given
in section 3301 of the ESEA, and the terms ``State
educational agency'' and ``local educational agency'' have
the meanings given to them in section 9101 of the ESEA:
Provided further, That each eligible State educational agency
shall prepare and submit to the Secretary not later than 1
year after the award a report identifying the local
educational agencies that received subgrants, the State's
definition of ``significant increase'' used to award the
subgrants; and such other information as the Secretary may
require.
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $12,522,358,000, of which
$3,006,259,000 shall become available on July 1, 2015, and
shall remain available through September 30, 2016, and of
which $9,283,383,000 shall become available on October 1,
2015, and shall remain available through September 30, 2016,
for academic year 2015-2016: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2014, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2014: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611(d), from funds appropriated
under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed five, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
level of effort a local educational agency must meet under
section 613(a)(2)(A)(iii) of the IDEA, in the year after it
fails to maintain effort is the level of effort that would
have been required in the absence of that failure and not the
LEA's reduced level of expenditures: Provided further, That
the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$3,709,853,000, of which $3,335,074,000 shall be for grants
for vocational rehabilitation services under title I of the
Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent
to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities
aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving
the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, non-profit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2016: Provided further, That
$2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase
of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a
loan guarantee; or insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and
control: Provided further, That State agencies and
community-based disability organizations that are directed by
and operated for individuals with disabilities shall be
eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,931,000.
[[Page H9182]]
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$67,016,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $120,275,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,707,686,000, of which $916,686,000 shall become available
on July 1, 2015, and shall remain available through September
30, 2016, and of which $791,000,000 shall become available on
October 1, 2015, and shall remain available through September
30, 2016: Provided, That of the amount provided for Adult
Education State Grants, $71,439,000 shall be made available
for integrated English literacy and civics education services
to immigrants and other limited-English-proficient
populations: Provided further, That of the amount reserved
for integrated English literacy and civics education,
notwithstanding section 211 of the AEFLA, 65 percent shall be
allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year
average of the United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by
the average of the 3 most recent years for which United
States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts
made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 243.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,198,210,000, which shall remain
available through September 30, 2016.
The maximum Pell Grant for which a student shall be
eligible during award year 2015-2016 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$1,396,924,000, to remain available through September 30,
2016.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Carl D. Perkins Career and Technical
Education Act of 2006, $1,924,839,000: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in
advanced foreign language training and international studies
in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions,
or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent
may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That
up to 1.5 percent of the funds made available under chapter 2
of subpart 2 of part A of title IV of the HEA may be used for
evaluation: Provided further, That up to 2.5 percent of the
funds made available under this Act for part B of title VII
of the HEA may be used for technical assistance and the
evaluation of activities carried out under such section.
Howard University
For partial support of Howard University, $221,821,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $19,096,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2016: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $303,593,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$573,935,000, which shall remain available through September
30, 2016: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may
be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce
data systems, or to further develop such systems: Provided
further, That up to $6,000,000 of the funds available to
carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations
or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels: Provided further, That $137,235,000 shall
be for carrying out activities authorized by the National
Assessment of Educational Progress Authorization Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $411,000,000, of which up to
$1,000,000, to remain available until expended, shall be for
relocation of, and renovation of buildings occupied by,
Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $100,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $57,791,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2015''
for ``2009''.
Sec. 307. The Secretary, in consultation with the Director
of the Institute of Education Sciences, may reserve funds
under section 9601 of the ESEA (subject to the limitations in
subsections (b) and (c) of that section) in order to carry
out activities authorized under paragraphs (1) and (2) of
subsection (a) of that section with respect to
[[Page H9183]]
any ESEA program funded in this Act and without respect to
the source of funds for those activities: Provided, That
high-quality evaluations of ESEA programs shall be
prioritized, before using funds for any other evaluation
activities: Provided further, That any funds reserved under
this section shall be available from July 1, 2015 through
September 30, 2016: Provided further, That not later than 10
days prior to the initial obligation of funds reserved under
this section, the Secretary, in consultation with the
Director, shall submit an evaluation plan to the Senate
Committees on Appropriations and Health, Education, Labor,
and Pensions and the House Committees on Appropriations and
Education and the Workforce which identifies the source and
amount of funds reserved under this section, the impact on
program grantees if funds are withheld, the programs to be
evaluated with such funds, how ESEA programs will be
regularly evaluated, and how findings from evaluations
completed under this section will be widely disseminated.
Sec. 308. The Secretary of Education shall--
(1) modify the Free Application for Federal Student Aid
described in section 483 of the HEA so that the Free
Application for Federal Student Aid contains an individual
box for the purpose of identifying students who are foster
youth or were in the foster care system; and
(2) utilize such identification as a tool to notify
students who are foster youth or were in the foster care
system of their potential eligibility for Federal student
aid, including postsecondary education programs through the
John H. Chafee Foster Care Independence Program and any other
Federal programs under which such students may be eligible to
receive assistance.
Sec. 309. (a) Student Eligibility.--
(1) Subsection (d) of section 484 of the HEA is amended to
read as follows:
``(d) Students Who Are Not High School Graduates.--
``(1) Student eligibility.--In order for a student who does
not have a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such
certificate, to be eligible for any assistance under subparts
1, 3, and 4 of part A and parts B, C, D, and E of this title,
the student shall meet the requirements of one of the
following subparagraphs:
``(A) The student is enrolled in an eligible career pathway
program and meets one of the following standards:
``(i) The student shall take an independently administered
examination and shall achieve a score, specified by the
Secretary, demonstrating that such student can benefit from
the education or training being offered. Such examination
shall be approved by the Secretary on the basis of compliance
with such standards for development, administration, and
scoring as the Secretary may prescribe in regulations.
``(ii) The student shall be determined as having the
ability to benefit from the education or training in
accordance with such process as the State shall prescribe.
Any such process described or approved by a State for the
purposes of this section shall be effective 6 months after
the date of submission to the Secretary unless the Secretary
disapproves such process. In determining whether to approve
or disapprove such process, the Secretary shall take into
account the effectiveness of such process in enabling
students without secondary school diplomas or the equivalent
thereof to benefit from the instruction offered by
institutions utilizing such process, and shall also take into
account the cultural diversity, economic circumstances, and
educational preparation of the populations served by the
institutions.
``(iii) The student shall be determined by the institution
of higher education as having the ability to benefit from the
education or training offered by the institution of higher
education upon satisfactory completion of 6 credit hours or
the equivalent coursework that are applicable toward a degree
or certificate offered by the institution of higher
education.
``(B) The student has completed a secondary school
education in a home school setting that is treated as a home
school or private school under State law.
``(2) Eligible career pathway program.--In this subsection,
the term `eligible career pathway program' means a program
that--
``(A) concurrently enrolls participants in connected adult
education and eligible postsecondary programs;
``(B) provides counseling and supportive services to
identify and attain academic and career goals;
``(C) provides structured course sequences that--
``(i) are articulated and contextualized; and
``(ii) allow students to advance to higher levels of
education and employment;
``(D) provides opportunities for acceleration to attain
recognized postsecondary credentials, including degrees,
industry relevant certifications, and certificates of
completion of apprenticeship programs;
``(E) is organized to meet the needs of adults;
``(F) is aligned with the education and skill needs of the
regional economy; and
``(G) has been developed and implemented in collaboration
with partners in business, workforce development, and
economic development.''.
(2) The amendment made by paragraph (1) shall take effect
as if such amendment was enacted on June 30, 2014, and shall
apply to students who are enrolled or who first enroll in an
eligible program of study on or after July 1, 2014.
(b) Section 401 (b)(2)(A)(ii) of the HEA is amended by
inserting after ``year'' and before the comma ``except that a
student eligible only under 484(d)(1)(A) who first enrolls in
an eligible program of study on or after July 1, 2015 shall
not be eligible for the amount of the increase calculated
under paragraph (7)(B)''.
Sec. 310. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2015 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 311. In making awards under section 402D of the HEA
with funds appropriated by this Act, the Secretary shall--
(1) notwithstanding any other provision of law, publish a
notice inviting applications for new awards no later than
December 18, 2014; and
(2) make all awards by August 10, 2015.
This title may be cited as the ``Department of Education
Appropriations Act, 2015''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $5,362,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $758,349,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program
grant funds may be used to defray the costs of conducting
grant application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle; (2)
$70,000,000 shall be available for expenses authorized under
section 501(a)(4)(E) of the 1990 Act; (3) $16,038,000 shall
be available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (4) $30,000,000 shall be available to carry out subtitle
E of the 1990 Act; and (5) $3,800,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990
Act, which, notwithstanding the provisions of section 198P
shall be awarded by CNCS on a competitive basis: Provided
further, That for the purposes of carrying out the 1990 Act,
satisfying the requirements in section 122(c)(1)(D) may
include a determination of need by the local community:
Provided further, That not to exceed 20 percent of funds made
available under section 501(a)(4)(E) of the 1990 Act may be
used for Social Innovation Fund Pilot Program-related
performance-based awards for Pay for Success projects and
shall remain available through September 30, 2016: Provided
further, That, with respect to the previous proviso, any
funds obligated for such projects shall remain available for
disbursement until expended, notwithstanding 31 U.S.C.
1552(a): Provided further, That any funds deobligated from
projects under section 501(a)(4)(E) of the 1990 Act shall
immediately be available for activities authorized under 198K
of such Act.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $209,618,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $81,737,000.
[[Page H9184]]
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,250,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2015,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act:
(1) Entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA''); and
(2) Individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2017,
$445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds
made available to CPB by this Act shall be used to support
the Television Future Fund or any similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$45,666,000, including up to $400,000 to remain available
through September 30, 2016 for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $16,751,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $227,860,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $7,650,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $11,749,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $274,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 406. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $13,227,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $11,639,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $34,000,000, which shall include amounts becoming
available in fiscal year 2014 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2016, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $111,225,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$8,437,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
[[Page H9185]]
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 228(g), and 1131(b)(2) of
the Social Security Act, $16,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $41,232,978,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $83,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2017.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2016,
$19,200,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$10,284,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,300,000 shall be for the Social Security
Advisory Board: Provided further, That, $131,000,000 may be
used for the costs associated with conducting continuing
disability reviews under titles II and XVI of the Social
Security Act and conducting redeterminations of eligibility
under title XVI of the Social Security Act: Provided
further, That the Commissioner may allocate additional funds
under this paragraph above the level specified in the
previous proviso for such activities but only to reconcile
estimated and actual unit costs for conducting such
activities and after notifying the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any such reallocation:
Provided further, That unobligated balances of funds provided
under this paragraph at the end of fiscal year 2015 not
needed for fiscal year 2015 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous
proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time
for employees of the Social Security Administration pursuant
to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
In addition, for the costs associated with continuing
disability reviews under titles II and XVI of the Social
Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social
Security Act, $1,396,000,000 may be expended, as authorized
by section 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided,
That, of such amount, $273,000,000 is provided to meet the
terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$1,123,000,000 is additional new budget authority specified
for purposes of section 251(b)(2)(B) of such Act: Provided
further, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $124,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2015
exceed $124,000,000, the amounts shall be available in fiscal
year 2016 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $28,829,000, together with not to exceed
$74,521,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
[[Page H9186]]
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2015, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2015, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2015 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act,
or the fiscal year 2015 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2015,
but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
(rescission)
Sec. 520. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act, $1,745,000,000 are hereby rescinded.
Sec. 521. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
[[Page H9187]]
(rescission)
Sec. 522. Of the funds made available for fiscal year 2015
under section 3403 of Public Law 111-148, $10,000,000 are
rescinded.
Sec. 523. Not later than 30 days after the end of each
calendar quarter, beginning with the first quarter of fiscal
year 2013, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House
of Representatives and Senate a quarterly report on the
status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and
obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or,
to the extent feasible, earlier fiscal years) from which
balances were derived.
Sec. 524. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall:
(1) be designed to improve outcomes for disconnected youth,
and
(2) involve Federal programs targeted on disconnected
youth, or designed to prevent youth from disconnecting from
school or work, that provide education, training, employment,
and other related social services. Such Pilots shall be
governed by the provisions of section 526 of the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2014, except that in
carrying out such Pilots section 526 shall be applied by
substituting ``fiscal year 2015'' for ``fiscal year 2014'' in
the title of subsection (b) and by substituting ``September
30, 2019'' for ``September 30, 2018'' each place it appears.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2014.
Sec. 525. Each Federal agency, or in the case of an agency
with multiple bureaus, each bureau (or operating division)
funded under this Act that has research and development
expenditures in excess of $100,000,000 per year shall develop
a Federal research public access policy that provides for--
(1) the submission to the agency, agency bureau, or
designated entity acting on behalf of the agency, a machine-
readable version of the author's final peer-reviewed
manuscripts that have been accepted for publication in peer-
reviewed journals describing research supported, in whole or
in part, from funding by the Federal Government;
(2) free online public access to such final peer-reviewed
manuscripts or published versions not later than 12 months
after the official date of publication; and
(3) compliance with all relevant copyright laws.
Sec. 526. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 527. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
(transfer)
Sec. 528. (a) This section applies to the amounts that--
(1) are made available in this Act--
(A) under the heading ``Rehabilitation Services and
Disability Research'' in title III; or
(B) under the heading ``program administration'' under the
heading ``Departmental Management'' in title III; and
(2) relate to functions described in subsection (b),
(m)(1), or (n)(2) of section 491 of the WIOA.
(b) Amounts described in subsection (a) shall be obligated,
expended, and transferred in accordance with that section
491.
Sec. 529. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be
provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries,
allied organizations, or successors.
TITLE VI
EBOLA RESPONSE AND PREPAREDNESS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and
Program Support,'' $1,771,000,000, to remain available until
September 30, 2019, to prevent, prepare for, and respond to
Ebola domestically and internationally; for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or
State quarantine law; and to carry out titles II, III, and
XVII of the Public Health Service (``PHS'') Act with respect
to domestic preparedness and global health: Provided, That
no less than $10,000,000 shall be for worker-based training
to prevent and reduce exposure of hospital employees,
emergency first responders and other workers who are at risk
of exposure to Ebola through their work duties: Provided
further, That $597,000,000 shall be used to support national
public health institutes and global health security:
Provided further, That $155,000,000 shall be to support the
Public Health Emergency Preparedness program: Provided
further, That products purchased with these funds may, at the
discretion of the Secretary of Health and Human Services, be
deposited in the Strategic National Stockpile under section
319F-2 of the PHS Act: Provided further, That funds may be
used for purchase and insurance of official motor vehicles in
foreign countries: Provided further, That such funds may be
transferred by the Director of the Centers for Disease
Control and Prevention (``CDC'') to other accounts of the CDC
for the purposes provided in this paragraph: Provided
further, That the Director of the CDC shall notify the
Committees on Appropriations of the House of Representatives
and the Senate promptly after any transfer under the
preceding proviso: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority provided by law: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Institutes of Health
national institute of allergy and infectious diseases
For an additional amount for ``National Institute of
Allergy and Infectious Diseases'' to prevent, prepare for,
and respond to Ebola domestically and internationally,
including expenses related to carrying out section 301 and
title IV of the PHS Act, $238,000,000, to remain available
until September 30, 2016: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prevent, prepare for, and
respond to Ebola domestically or internationally, and to
develop necessary medical countermeasures and vaccines
including the development and purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, and
administrative activities, $733,000,000, to remain available
until September 30, 2019: Provided, That products purchased
with these funds may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the PHS Act:
Provided further, That, notwithstanding section 496(b) of the
PHS Act, funds may be used for the renovation and alteration
of privately owned facilities to improve preparedness and
response capability at the State and local level: Provided
further, That sections 319C-1(h)(3) and 319C-2(h) of the PHS
Act shall not apply to funds appropriated under this heading:
Provided further, That reimbursement of domestic
transportation and treatment costs (other than costs paid or
reimbursed by the individual's health coverage) for an
individual treated in the United States for Ebola, before or
after the date of enactment of this Act, shall be deemed to
be a use of resources of the Secretary in implementation of a
plan under section 311(c)(1) of the PHS Act (42 U.S.C.
243(c)(1)), and funds made available by this title shall be
available for that purpose, at the discretion of the
Secretary: Provided further, That funds appropriated in this
paragraph may be used for the purposes specified in this
paragraph and to the fund authorized by section 319F-4 of the
PHS Act: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
General Provisions
Sec. 601. For purposes of preventing, preparing for, and
responding to Ebola domestically or internationally, the
Secretary of Health and Human Services may use funds provided
in this title--
(1) for the CDC to acquire, lease, construct, alter,
renovate, equip, furnish, or manage facilities outside of the
United States, as necessary to conduct such programs, in
consultation with the Secretary of State, either directly for
the use of the United States Government or for the use,
pursuant to grants, direct assistance, or cooperative
agreements, of public or nonprofit private institutions or
agencies in participating foreign countries;
(2) for the CDC to obtain by contract (in accordance with
section 3109 of title 5, but without regard to the
limitations in such
[[Page H9188]]
section on the period of service and on pay) the personal
services of experts or consultants who have scientific or
other professional qualifications, except that in no case
shall the compensation provided to any such expert or
consultant exceed the daily equivalent of the annual rate of
compensation for Executive Level II employees; and
(3) to use available resources to provide Federal
assistance as necessary for repatriation notwithstanding the
limitation on temporary assistance in section 1113(d) of the
Social Security Act.
Sec. 602. The Secretary shall provide notice to the
Committees on Appropriations of the House of Representatives
and the Senate within 15 days of the use of the provisions in
section 601.
Sec. 603. A grant awarded by the Department of Health and
Human Services with funds made available by this title may be
made conditional on agreement by the awardee to comply with
existing and future guidance from the Secretary regarding
control of the spread of the Ebola virus.
(transfer of funds)
Sec. 604. Funds appropriated in this title may be
transferred to, and merged with, other appropriation accounts
of the Centers for Disease Control and Prevention, the
Assistant Secretary for Preparedness and Response, or the
National Institutes of Health for the purposes specified in
this title following consultation with the Office of
Management and Budget: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate
shall be notified 10 days in advance of any such transfer:
Provided further, That, upon a determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation: Provided further, That none of the funds made
available by this title may be transferred pursuant to the
authority in section 206 of this Act or section 241(a) of the
PHS Act.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2015''.
DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2015
TITLE I
LEGISLATIVE BRANCH
SENATE
expense allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate,
$39,920; Majority Whip of the Senate, $9,980; Minority Whip
of the Senate, $9,980; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $4,690 for
each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$177,723,681, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,142,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,658,000 for each such
committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,692,905 for each such
committee; in all, $3,385,810.
office of the chaplain
For Office of the Chaplain, $416,886.
office of the secretary
For Office of the Secretary, $24,772,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$69,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,762,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $47,355,869.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,408,500.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,120,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate,
$7,110; Secretary for the Majority of the Senate, $7,110;
Secretary for the Minority of the Senate, $7,110; in all,
$28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain
available until September 30, 2017.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$6,250,000 of which $4,350,000 shall remain available until
September 30, 2019.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $128,300,499, which shall remain
available until September 30, 2019.
miscellaneous items
For miscellaneous items, $21,178,002, which shall remain
available until September 30, 2017.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $390,000,000 of which $19,109,214 shall remain
available until September 30, 2017.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
senate stationery procurement
Sec. 1. (a) Sections 65, 66, 67, and 68 of the Revised
Statutes (2 U.S.C. 6569, 6570, 6571) are repealed.
(b) The fifth paragraph after the paragraph under the side
heading ``For contingent expenses, namely'': under the
subheading ``Senate'', under the heading ``Legislative'' of
the Act of March 3, 1887 (24 Stat. 596, chapter 392; 2 U.S.C.
6572), is amended by striking ``sections, sixty-five, sixty
six, sixty-seven, sixty-eight, and sixty-nine,'' and
inserting ``section 69''.
Sec. 2. Section 7(e) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 6115 note) is amended by
striking ``and the 110th Congress'' and inserting ``the 110th
Congress, and the 114th Congress''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the Speaker, $6,645,417,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,180,048, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $7,114,471, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,459,639, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2015 until January 2, 2016.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$554,317,732.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $123,903,173:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2016, except that
$2,300,000 of such amount
[[Page H9189]]
shall remain available until expended for committee room
upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $23,271,004, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2016.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $171,344,864, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representative and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $24,009,473; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $11,926,729 of which
$4,344,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $113,100,000,
of which $4,000,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $4,741,809; for salaries and expenses of the Office
of General Counsel, $1,340,987; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $1,952,249; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$4,087,587, of which $1,000,000 shall remain available until
expended for the completion of the House Modernization
Initiative; for salaries and expenses of the Office of the
Legislative Counsel of the House, $8,892,975, of which
$540,000 shall remain available until expended for the
completion of the House Modernization Initiative; for
salaries and expenses of the Office of Interparliamentary
Affairs, $814,069; for other authorized employees, $478,986.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $285,620,336, including: supplies,
materials, administrative costs and Federal tort claims,
$4,152,789; official mail for committees, leadership offices,
and administrative offices of the House, $190,486; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $256,635,776, to remain
available until March 31, 2016; Business Continuity and
Disaster Recovery, $16,217,008 of which $5,000,000 shall
remain available until expended; transition activities for
new members and staff, $3,737,000, to remain available until
expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics,
$1,467,030; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $720,247.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction
or To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2015. Any amount remaining after all payments are
made under such allowances for fiscal year 2015 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint
resolution, or resolution to the office of a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
delivery of congressional record
Sec. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50
printed copies of any edition of the United States Code to
all offices of the House of Representatives.
delivery of reports of disbursements
Sec. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of
disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
delivery of daily calendar
Sec. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $10,095,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,486,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,371,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,387,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$286,500,000 of which overtime shall not exceed $23,425,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
general expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $61,459,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2015 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000
shall remain available until September 30, 2016: Provided,
That not more than $500 may
[[Page H9190]]
be expended on the certification of the Executive Director of
the Office of Compliance in connection with official
representation and reception expenses.
Administrative Provision
employee notifications
Sec. 1001. Section 301(h)(2) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1381(h)(2)) is amended
by striking ``the residences of covered employees'' and
inserting ``covered employees by the end of each fiscal
year''.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $45,700,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for
surveys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Senate
and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $91,455,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $54,665,000, of which $9,134,000
shall remain available until September 30, 2019, and of which
$21,222,000 shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $11,973,000, of which
$2,000,000 shall remain available until September 30, 2019.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $94,313,000, of which
$36,488,000 shall remain available until September 30, 2019.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $89,446,898, of
which $24,824,898 shall remain available until September 30,
2019.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $70,000,000, to remain available
until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $90,652,000, of which $8,686,000 shall
remain available until September 30, 2019: Provided, That
not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2015.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $42,180,000, of which $17,042,000
shall remain available until September 30, 2019.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$19,159,000, of which $1,000,000 shall remain available until
September 30, 2019.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $15,573,000, of which $5,693,000 shall remain
available until September 30, 2019: Provided, That of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $20,844,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 1101. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, determines that any such deviations are
due to unforeseeable events, government-driven scope changes,
or are not significant within the overall scope of the
project and/or program.
u.s. botanic garden administration of educational outreach and services
Sec. 1102. (a) The Architect of the Capitol, subject to the
direction of the Joint Committee of Congress on the Library,
may enter into cooperative agreements with entities under
such terms as the Architect determines advisable, in order to
support the United States Botanic Garden in carrying out its
duties, authorities, and mission.
(b)(1) The Architect of the Capitol may, subject to the
direction of the Joint Committee of Congress on the Library,
enter into a no-cost agreement, through a contract,
cooperative agreement, or memorandum of understanding, with a
qualified entity to conduct, or provide support for, an
educational exhibit, program, class, or outreach that
benefits the educational mission of the United States Botanic
Garden.
(2) Any agreement under paragraph (1) may--
(A) allow the qualified entity to accept fees for any
program or class described in paragraph (1) in order to cover
all or a portion of the entity's costs of any supplies,
honoraria, or associated expenses for the program or class;
and
(B) subject to such terms as the Architect considers
appropriate and necessary, grant temporary concessions to the
qualified entity, or allow the qualified entity to grant
temporary concessions to another person, in connection with
an educational exhibit, program, class, or outreach described
in paragraph (1), including concessions for food and
merchandise sales that are specifically related to the
educational mission involved.
(3) Section 5104(c) of title 40, United States Code, shall
not apply to any activity carried out under this subsection.
(4) In this subsection, the term ``qualified entity''
means--
(A) the National Fund for the United States Botanic Garden;
and
(B) any other organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code that the Architect of the Capitol
determines shares interests complementary to the educational
mission of the United States Botanic Garden.
(c) Any authority under subsection (a) or (b) shall not
apply to any agreement providing for the construction or
improvement of real property.
(d) This section shall apply with respect to fiscal year
2015 and each succeeding fiscal year.
scrims
Sec. 1103. None of the funds made available by this Act
may be used for scrims containing photographs of building
facades during restoration or construction projects performed
by the Architect of the Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $419,357,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2015, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2015 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation
[[Page H9191]]
or expenditure in appropriations Acts: Provided further,
That the total amount available for obligation shall be
reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total
amount appropriated, $8,231,000 shall remain available until
expended for the digital collections and educational
curricula program.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$54,303,000, of which not more than $27,971,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2015 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$5,611,000 shall be derived from collections during fiscal
year 2015 under sections 111(d)(2), 119(b)(2), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $33,582,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $106,945,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$50,248,000: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 1201. (a) In General.--For fiscal year 2015, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$203,058,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); publishing of
Government publications authorized by law to be distributed
to Members of Congress; and publishing and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $79,736,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That any
unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may
be transferred to the Government Publishing Office business
operations revolving fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on
only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress,
other Government agencies, and designated depository and
international exchange libraries as authorized by law,
$31,500,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2013 and 2014 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account
or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Publishing Office
business operations revolving fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $8,757,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
business operations revolving fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the business operations
revolving fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided
further, That the business operations revolving fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the business operations
revolving fund may provide information in any format:
Provided further, That the business operations revolving fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at GPO's passport facility
in the District of Columbia.
Administrative Provision
redesignation of government printing office to government publishing
office
Sec. 1301. (a) In General.--The Government Printing Office
is hereby redesignated the Government Publishing Office.
(b) References.--Any reference to the Government Printing
Office in any law, rule, regulation, certificate, directive,
instruction, or other official paper in force on the date of
enactment of this Act shall be considered to refer and apply
to the Government Publishing Office.
(c) Title 44, United States Code.--Title 44, United States
Code, is amended--
(1) by striking ``Public Printer'' each place that term
appears and inserting ``Director of the Government Publishing
Office''; and
(2) in the heading for each of sections 301, 302, 303, 304,
305, 306, 307, 502, 710, 1102, 1111, 1115, 1340, 1701, 1712,
and 1914, by striking ``public printer'' and inserting
``director of the government publishing office''.
(d) Other References.--Any reference in any law other than
in title 44, United States
[[Page H9192]]
Code, or in any rule, regulation, certificate, directive,
instruction, or other official paper in force on the date of
enactment of this Act to the Public Printer shall be
considered to refer and apply to the Director of the
Government Publishing Office.
(e) Title 44, United States Code.--Title 44, United States
Code, is amended--
(1) by striking ``Deputy Public Printer'' each place that
term appears and inserting ``Deputy Director of the
Government Publishing Office''; and
(2) in the heading for each of sections 302 and 303, by
striking ``deputy public printer'' and inserting ``deputy
director of the government publishing office''.
(f) Other References.--Any reference in any law other than
in title 44, United States Code, or in any rule, regulation,
certificate, directive, instruction, or other official paper
in force on the date of enactment of this Act to the Deputy
Public Printer shall be considered to refer and apply to the
Deputy Director of the Government Publishing Office.
(g) Section 301 of title 44, United States Code, is
amended--
(1) in the first sentence, by striking ``, who must be a
practical printer and versed in the art of bookbinding,'';
and
(2) in the second sentence, by striking ``His'' and
inserting ``The''.
(h) Section 302 of title 44, United States Code, is
amended--
(1) in the first sentence, by striking ``, who must be a
practical printer and versed in the art of bookbinding,'';
and
(2) in the second sentence--
(A) by striking ``He'' and inserting ``The Deputy Director
of the Government Publishing Office'';
(B) by striking ``perform the duties formerly required of
the chief clerk,'';
(C) by striking ``, and perform'' and inserting ``and
perform''; and
(D) by striking ``of him''.
(i) Chapter 3 of title 44, United States Code is amended--
(1) in the first sentence of section 304, by striking ``or
his'' and inserting ``or the Director's'';
(2) in section 305(a)--
(A) by striking ``he considers'' and inserting ``the
Director considers''; and
(B) by striking ``He may not'' and inserting ``The Director
of the Government Publishing Office may not'';
(3) in section 306, by striking ``his direction'' and
inserting ``the direction of the Director'';
(4) in section 308--
(A) in subsection (b)(1)--
(i) by striking ``his accounts'' and inserting ``the
accounts of the disbursing officer''; and
(ii) by striking ``his name'' and inserting ``the name of
the disbursing officer'';
(B) in subsection (b)(2)--
(i) by striking ``his estate'' and inserting ``the estate
of the disbursing officer'';
(ii) by striking ``to him'' and inserting ``to the deputy
disbursing officer''; and
(iii) by striking ``his service'' and inserting ``the
service of the deputy disbursing officer''; and
(C) in subsection (c)(1)--
(i) by striking ``by him'' and inserting ``by such officer
or employee'';
(ii) by striking ``his discretion'' and inserting ``the
discretion of the Comptroller General''; and
(iii) by striking ``whenever he'' each place that terms
appears and inserting ``whenever the Comptroller General'';
(5) in section 309--
(A) in the second sentence of subsection (a), by striking
``by him'' and inserting ``by the Director''; and
(B) in subsection (f), by striking ``his or her
discretion'' and inserting ``the discretion of the
Comptroller General'';
(6) in section 310, by striking ``his written request'' and
inserting ``the written request of the Director'';
(7) in section 311(b), by striking ``he justifies'' and
inserting ``the Director justifies'';
(8) in section 312, by striking ``his service'' and
inserting ``the service of such officer''; and
(9) in section 317, by striking ``his delegate'' and
inserting ``a delegate of the Director''.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $522,000,000: Provided, That,
in addition, $23,750,000 of payments received under sections
782, 3521, and 9105 of title 31, United States Code, shall be
available without fiscal year limitation: Provided further,
That this appropriation and appropriations for administrative
expenses of any other department or agency which is a member
of the National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance
an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of
non-Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to
any appropriation from which costs involved are initially
financed.
Administrative Provision
center for audit excellence
Sec. 1401. (a) Center for Audit Excellence.--
(1) Establishment.--Chapter 7 of title 31, United States
Code, is amended by adding at the end the following new
subchapter:
``Subchapter VII--Center for Audit Excellence
``SEC. 791. CENTER FOR AUDIT EXCELLENCE.
``(a) Establishment.--The Comptroller General shall
establish, maintain, and operate a center within the
Government Accountability Office to be known as the `Center
for Audit Excellence' (hereafter in this subchapter referred
to as the `Center').
``(b) Purpose and Activities.--
``(1) In general.--The Center shall build institutional
auditing capacity and promote good governance by providing
affordable, relevant, and high-quality training, technical
assistance, and products and services to qualified personnel
and entities of governments (including the Federal
Government, State and local governments, tribal governments,
and governments of foreign nations), international
organizations, and other private organizations.
``(2) Determination of qualified personnel and entities.--
Personnel and entities shall be considered qualified for
purposes of receiving training, technical assistance, and
products or services from the Center under paragraph (1) in
accordance with such criteria as the Comptroller General may
establish and publish.
``(c) Fees.--
``(1) Permitting charging of fees.--The Comptroller General
may establish, charge, and collect fees (on a reimbursable or
advance basis) for the training, technical assistance, and
products and services provided by the Center under this
subchapter.
``(2) Deposit into separate account.--The Comptroller
General shall deposit all fees collected under paragraph (1)
into the Center for Audit Excellence Account established
under section 792.
``(d) Gifts of Property and Services.--The Comptroller
General may accept and use conditional or non-conditional
gifts of property (both real and personal) and services
(including services of guest lecturers) to support the
operation of the Center, except that the Comptroller General
may not accept or use such a gift if the Comptroller General
determines that the acceptance or use of the gift would
compromise or appear to compromise the integrity of the
Government Accountability Office.
``(e) Sense of Congress Regarding Personnel.--It is the
sense of Congress that the Center should be staffed primarily
by personnel of the Government Accountability Office who are
not otherwise engaged in carrying out other duties of the
Office under this chapter, so as to ensure that the operation
of the Center will not detract from or impact the oversight
and audit work of the Office.
``SEC. 792. ACCOUNT.
``(a) Establishment of Separate Account.--There is
established in the Treasury as a separate account for the
Government Accountability Office the `Center for Audit
Excellence Account', which shall consist of the fees
deposited by the Comptroller General under section 791(c) and
such other amounts as may be appropriated under law.
``(b) Use of Account.--Amounts in the Center for Audit
Excellence Account shall be available to the Comptroller
General, in amounts specified in appropriations Acts and
without fiscal year limitation, to carry out this subchapter.
``SEC. 793. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may
be necessary to carry out this subchapter.''.
(2) Clerical amendment.--The table of sections for chapter
7 of title 31, United States Code, is amended by adding at
the end the following:
``subchapter vii--center for audit excellence
``791. Center for Audit Excellence.
``792. Account.
``793. Authorization of appropriations.''
(b) Approval of Business Plan.--The Comptroller General may
not begin operating the Center for Audit Excellence under
subchapter VII of chapter 7 of title 31, United States Code
(as added by subsection (a)) until--
(1) the Comptroller General submits a business plan for the
Center to the Committees on Appropriations of the House of
Representatives and Senate; and
(2) each such Committee approves the plan.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,700,000:
Provided, That funds made available to support Russian
participants shall
[[Page H9193]]
only be used for those engaging in free market development,
humanitarian activities, and civic engagement, and shall not
be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2015
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
landscape maintenance
Sec. 206. For fiscal year 2015 and each fiscal year
thereafter, the Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets, in Square
580 up to the beginning of I-395.
limitation on transfers
Sec. 207. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 208. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2015''.
DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $528,427,000, to remain available until
September 30, 2019: Provided, That of this amount, not to
exceed $51,127,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,018,772,000, to remain available until September 30, 2019:
Provided, That of this amount, not to exceed $33,366,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $811,774,000, to remain
available until September 30, 2019: Provided, That of this
amount, not to exceed $10,738,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That none of the funds provided
under this heading for military construction in the United
Kingdom as identified in the table entitled ``Military
Construction'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) may be obligated or expended until the
Department of Defense completes a European Consolidation
Study, and the Secretary of Defense (1) provides to the
Committees on Appropriations of both Houses of Congress a
comprehensive European basing strategy reflecting the
findings of the Consolidation Study, and (2) certifies in
writing the requirement identified in the study for any
military construction project in the United Kingdom funded in
this section.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,991,690,000,
to remain available until September 30, 2019: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $162,240,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount appropriated, notwithstanding any other
provision of law, $37,918,000 shall be available for payments
to the North Atlantic Treaty Organization for the planning,
design, and construction of a new North Atlantic Treaty
Organization headquarters: Provided further, That none of
the funds made available by this title may be used to
construct a squadron operations facility at Cannon Air Force
Base, New Mexico, until the Secretary of Defense submits to
the Committees on Appropriations of both Houses of Congress a
report that includes the following:
(1) A definition of ``Special Operations Forces-peculiar''
as it applies to the use of United States Special Operations
Command (USSOCOM) funding to meet military construction
requirements for facilities that provide healthcare services
or support fitness activities.
(2) A description of the decision-making process used to
determine whether a military construction project that
provides healthcare facilities or supports fitness activities
should be funded by the USSOCOM or the military services.
(3) An addendum to the DOD Form 1391 for this project
providing a schematic of the human performance center, a
listing of the planned equipment related to training and
resiliency and a description of the mission-critical benefit
of each item, an explanation of why the unique physical and
psychological health services incorporated could not be
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provided by the Defense Health Agency or military services,
and a planned staffing breakdown.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$128,920,000, to remain available until September 30, 2019:
Provided, That of the amount appropriated, not to exceed
$17,600,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$92,663,000, to remain available until September 30, 2019:
Provided, That of the amount appropriated, not to exceed
$7,700,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $103,946,000, to remain
available until September 30, 2019: Provided, That of the
amount appropriated, not to exceed $8,337,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $51,528,000, to remain available until September 30,
2019: Provided, That of the amount appropriated, not to
exceed $2,123,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $49,492,000, to remain
available until September 30, 2019: Provided, That of the
amount appropriated, not to exceed $6,892,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $199,700,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$78,609,000, to remain available until September 30, 2019.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $350,976,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $16,412,000, to remain available until September 30,
2019.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $354,029,000.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $327,747,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $61,100,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $1,662,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$38,715,000, to remain available until September 30, 2019,
which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687
note), as amended by section 2711 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239),
$315,085,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
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Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities: Provided further, That the transfer
authority in this provision shall also be applicable to
amounts appropriated for construction in ``Family Housing''
accounts in section 2002 of Public Law 112-10.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 121. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 123. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 124. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 125. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 126. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 127. For an additional amount for ``Military
Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', ``Military Construction, Army
Reserve'', and ``Military Construction, Navy Reserve'',
$125,000,000, to remain available until September 30, 2018:
Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out
construction of projects, excluding in Europe, as authorized
in division B of Public Law 113-66: Provided further, That
not later than 30 days after enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
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Sec. 128. For an additional amount for ``Military
Construction, Army'', $61,000,000; ``Military Construction,
Army National Guard'', $5,000,000; and ``Military
Construction, Army Reserve'', $51,000,000, to remain
available until September 30, 2019: Provided, That
notwithstanding any other provision of law, such funds may
only be obligated to carry out construction of certain
projects as authorized in division B of an Act authorizing
appropriations for fiscal year 2015 for military activities
of the Department of Defense (relating to Military
Construction Authorizations): Provided further, That not
later than 30 days after enactment of this Act, the Secretary
of the Army shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds
provided under this heading.
(rescission of funds)
Sec. 129. Of the unobligated balances available for
``Military Construction, Army'', from prior appropriations
Acts (other than appropriations designated by law as being
for contingency operations directly related to the global war
on terrorism or as an emergency requirement), $49,533,000 are
hereby rescinded.
(rescission of funds)
Sec. 130. Of the unobligated balances available for
``Military Construction, Navy and Marine Corps'', from prior
appropriations Acts (other than appropriations designated by
law as for being for contingency operations directly related
to the global war on terrorism or as an emergency
requirement), $25,522,000 are hereby rescinded.
(rescission of funds)
Sec. 131. Of the unobligated balances available for
``Military Construction, Air Force'', from prior
appropriations Acts (other than appropriations designated by
law as for being for contingency operations directly related
to the global war on terrorism or as an emergency
requirement), $41,392,000 are hereby rescinded.
(rescission of funds)
Sec. 132. Of the unobligated balances available for ``NATO
Security Investment Program'', from prior appropriations Acts
(other than appropriations designated by law as being for
contingency operations directly related to the global war on
terrorism or as an emergency requirement), $25,000,000 are
hereby rescinded.
(rescission of funds)
Sec. 133. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $63,800,000 are hereby
rescinded.
Sec. 134. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 135. None of the funds made available by this Act may
be used for the closure or abandonment of any facility
located at Lajes Field, Azores, Portugal.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $79,071,000,000, to remain available until expended:
Provided, That not to exceed $15,430,000 of the amount
appropriated under this heading shall be reimbursed to
``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for
necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $14,997,136,000, to remain available
until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of
title 38, United States Code, other than under paragraphs
(1), (2), (5), and (11) of that subsection, shall be charged
to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $63,257,000, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That during fiscal year 2015, within the resources available,
not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $160,881,000.
vocational rehabilitation loans program account
For the cost of direct loans, $10,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,877,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $361,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,130,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $209,189,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2014; and, in addition,
$47,603,202,000, plus reimbursements, shall become available
on October 1, 2015, and shall remain available until
September 30, 2016: Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,144,000,000, plus reimbursements,
shall become available on October 1, 2015, and shall remain
available until September 30, 2016.
[[Page H9197]]
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services, $4,915,000,000, plus
reimbursements, shall become available on October 1, 2015,
and shall remain available until September 30, 2016.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $588,922,000,
plus reimbursements, shall remain available until September
30, 2016.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $256,800,000, of which not
to exceed $25,600,000 shall remain available until September
30, 2016.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $321,591,000, of
which not to exceed $9,660,000 shall remain available until
September 30, 2016: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $99,294,000, of which not to exceed $9,429,000 shall
remain available until September 30, 2016.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,534,254,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That of the funds made
available under this heading, not to exceed $124,000,000
shall remain available until September 30, 2016.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,903,344,000, plus reimbursements: Provided,
That $1,039,000,000 shall be for pay and associated costs, of
which not to exceed $30,792,000 shall remain available until
September 30, 2016: Provided further, That $2,316,009,000
shall be for operations and maintenance, of which not to
exceed $160,000,000 shall remain available until September
30, 2016: Provided further, That $548,335,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2016: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
develop a standard data reference terminology model:
Provided further, That of the funds made available for
information technology systems development, modernization,
and enhancement for VistA Evolution, not more than 25 percent
may be obligated or expended until the Secretary of Veterans
Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a report
that describes: (1) the status of and changes to the VistA
Evolution program plan (hereinafter referred to as the
``Plan''), VistA 4 product roadmap (``Roadmap''), or the
VistA Evolution cost estimate, dated March 24, 2014; (2) any
changes to the scope or functionality of projects within the
VistA Evolution program as established in the Plan; (3) any
refinements to the cost estimate presented in the Plan,
including those based on actual costs incurred; (4) a Project
Management Accountability System resourced schedule for every
development project within the VistA Evolution program,
including a testing methodology schedule; (5) progress toward
developing and implementing all levels of interoperability,
including semantic interoperability, between the electronic
health record systems of the Department of Defense and the
Department of Veterans Affairs; and (6) a detailed governance
structure for the VistA Evolution program, including the
establishment of a single program director and integrator who
shall have responsibility for the entire program: Provided
further, That the funds made available under this heading for
information technology systems development, modernization,
and enhancement, shall be for the projects, and in the
amounts, specified under this heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $126,411,000, of which $12,141,000 shall remain
available until September 30, 2016.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$561,800,000, of which $527,800,000 shall remain available
until September 30, 2019, and of which $34,000,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds made
available under this heading for fiscal year 2015, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2015; and
(2) by the awarding of a construction contract by September
30, 2016: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project
[[Page H9198]]
for which obligations are not incurred within the time
limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $495,200,000, to remain available until September 30,
2019, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$46,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2015 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2015, in this or any other
Act, under the ``Medical Services'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
Services'' and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2014.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2015, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2015 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2015 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $42,904,000 for the Office of Resolution Management
and $3,400,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 214. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and
[[Page H9199]]
burials for beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
Services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2015 may
be transferred to or from the ``Information Technology
Systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 221. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2015, in this or any
other Act, under the ``Medical Facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year: Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2015 for ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $259,251,213, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2015,
for ``Medical Services'', ``Medical Support and Compliance'',
and ``Medical Facilities'', up to $245,398,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for
``Medical Services'', ``Medical Support and Compliance'', and
``Medical Facilities'', a minimum of $15,000,000 shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of
division J of Public Law 113-76, the following amounts which
became available on October 1, 2014, are hereby rescinded
from the following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified to remain available until
September 30, 2016:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in major construction projects that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 228. The scope of work for a project included in
``Construction, Major Projects'' may not be increased above
the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations.
Sec. 229. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report that contains the following
information from each Veterans Benefits Administration
Regional Office: (1) the average time to complete a
disability compensation claim; (2) the number of claims
pending more than 125 days; (3) error rates; (4) the number
of claims personnel; (5) any corrective action taken within
the quarter to address poor performance; (6) training
programs undertaken; and (7) the number and results of
Quality Review Team audits: Provided, That each quarterly
report shall be submitted no later than 30 days after the end
of the respective quarter.
Sec. 230. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming
request if at any point during fiscal year 2015, the funding
allocated for a medical care initiative identified in the
fiscal year 2015 expenditure plan is adjusted by more than
$25,000,000 from the allocation shown in the corresponding
congressional budget justification. Such a reprogramming
request may go forward only if the Committees on
Appropriations of both Houses of Congress approve the request
or if a period of 14 days has elapsed.
Sec. 231. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2015 for ``Medical
Services'' and ``Medical Support and Compliance'', a maximum
of $8,371,000 may be obligated from the ``Medical Services''
account and a maximum of $114,703,000 may be obligated from
the ``Medical Support and Compliance'' account for the VistA
Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
[[Page H9200]]
Sec. 232. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
(including rescission of funds)
Sec. 233. (a) There is hereby rescinded an aggregate amount
of $41,000,000 from the total budget authority provided for
fiscal year 2015 for discretionary accounts of the Department
of Veterans Affairs in--
(1) this Act; or
(2) any advance appropriation for fiscal year 2015 in prior
appropriation Acts.
(b) The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a report specifying
the account and amount of each rescission not later than 20
days following enactment of this Act.
Sec. 234. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
Sec. 235. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary
provides to the Committees on Appropriations of both Houses
of Congress a report including the following elements: (1) a
national realignment strategy that includes a detailed
description of realignment plans within each Veterans
Integrated Service Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements; (2)
an explanation of the process by which those plans were
developed and coordinated within the VISN; (3) a cost vs.
benefit analysis of each planned realignment, including the
cost of replacing Veterans Health Administration services
with contract care or other outsourced services; (4) an
analysis of how any such planned realignment of services will
impact access to care for veterans living in rural or highly
rural areas, including travel distances and transportation
costs to access a VA medical facility and availability of
local specialty and primary care; (5) an inventory of VA
buildings with historic designation and the methodology used
to determine the buildings' condition and utilization; (6) a
description of how any realignment will be consistent with
requirements under the National Historic Preservation Act;
and (7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 236. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 237. None of the funds made available in this Act or
prior Acts may be used by the Secretary of Veterans Affairs
to expand the dialysis pilot program approved by the Under
Secretary of Veterans Affairs for Health in August 2010 and
by the Secretary of Veterans Affairs in September 2010 or to
create any new dialysis capability provided by the Department
of Veterans Affairs in any facility that is not an initial
facility under the pilot program until the later of the
following dates:
(1) September 30, 2015.
(2) The date on which an independent analysis of the
dialysis pilot program has been conducted at each initial
facility and has been submitted to the Committees on
Appropriations and the Committees on Veterans' Affairs of
both Houses of Congress.
(including transfer of funds)
Sec. 238. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2015 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2015, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 239. Amounts made available for the Department of
Veterans Affairs for fiscal year 2015, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
such Committees issue an approval.
(rescission of funds)
Sec. 240. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $15,000,000
are hereby rescinded.
Sec. 241. Subsection (b) of section 504 of the Veterans'
Benefits Improvements Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note) is amended to read as follows:
``(b) Limitation.--The Secretary may carry out the pilot
program under this section as follows:
``(1) In fiscal years before fiscal year 2015, through not
more than 10 regional offices of the Department of Veterans
Affairs.
``(2) In fiscal year 2015, through not more than 12
regional offices of the Department.
``(3) In fiscal year 2016, through not more than 15
regional offices of the Department.
``(4) In fiscal year 2017 and each fiscal year thereafter,
through such regional offices of the Department as the
Secretary considers appropriate.''.
Sec. 242. Section 101(d)(2)(B)(ii) of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
38 U.S.C. 1701 note) is amended by adding at the end the
following new subclause:
``(III) Other exceptions.--With respect to furnishing care
or services under this section in Alaska, the Alaska Fee
Schedule of the Department of Veterans Affairs will be
followed, except for when another payment agreement,
including a contract or provider agreement, is in place. With
respect to care or services furnished under this section in a
State with an All-Payer Model Agreement under the Social
Security Act that became effective on January 1, 2014, the
Medicare payment rates under clause (i) shall be calculated
based on the payment rates under such agreement.''.
Sec. 243. Section 1710(e)(1)(F) of title 38, United States
Code, is amended by striking ``January 1, 1957,'' and
inserting ``August 1, 1953''.
advance appropriations for certain accounts of department of veterans
affairs
Sec. 244. (a) In General.--Section 117 of title 38, United
States Code, is amended--
(1) by striking ``medical care accounts of the Department''
each place it appears and inserting ``covered accounts of the
Department'';
(2) in subsection (a)--
(A) by striking ``beginning with fiscal year 2011,''; and
(B) by striking ``discretionary'' each place it appears;
(3) in subsection (c)--
(A) by striking ``medical care accounts of the Veterans
Health Administration, Department of Veterans Affairs
account'' and inserting ``accounts of the Department of
Veterans Affairs account'';
(B) in paragraph (1), by inserting ``Veterans Health
Administration,'' and after ``(1)'';
(C) in paragraph (2), by inserting ``Veterans Health
Administration,'' after ``(2)'';
(D) in paragraph (3), by inserting ``Veterans Health
Administration,'' after ``(3)'';
(E) by redesignating paragraphs (1) through (3) as
paragraphs (4) through (6), respectively;
(F) by inserting before paragraph (4), as redesignated by
subparagraph (E), the following new paragraphs:
``(1) Veterans Benefits Administration, Compensation and
Pensions.
``(2) Veterans Benefits Administration, Readjustment
Benefits.
``(3) Veterans Benefits Administration, Veterans Insurance
and Indemnities.''; and
(G) in the subsection heading, by striking ``Medical Care
Accounts'' and inserting ``Covered Accounts of the
Department''; and
(4) in the section heading, by striking ``certain medical
care accounts'' and inserting ``certain accounts''.
(b) Applicability.--Section 117 of title 38, United States
Code, shall apply as follows:
(1) With respect to an account described in paragraph (4),
(5), or (6) of subsection (c) of such section, as
redesignated by subsection (a) of this section, for each
fiscal year beginning with fiscal year 2011.
(2) With respect to an account described in paragraph (1),
(2), or (3) of such subsection (c), as added by subsection
(a) of this section, for each fiscal year beginning with
2017.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 1 of title
[[Page H9201]]
38, United States Code, is amended by striking the item
relating to section 117 and inserting the following new item:
``117. Advance appropriations for certain accounts.''.
(d) Conforming and Technical Amendments.--Section 1105(a)
of title 31, United States Code, is amended--
(1) by striking the first paragraph (37) and inserting the
following new paragraph:
``(37) information on estimates of appropriations for the
fiscal year following the fiscal year for which the budget is
submitted for the following accounts of the Department of
Veterans Affairs:
``(A) Veterans Benefits Administration, Compensation and
Pensions.
``(B) Veterans Benefits Administration, Readjustment
Benefits.
``(C) Veterans Benefits Administration, Veterans Insurance
and Indemnities.
``(D) Veterans Health Administration, Medical Services.
``(E) Veterans Health Administration, Medical Support and
Compliance.
``(F) Veterans Health Administration, Medical
Facilities.''; and
(2) by redesignating the second paragraph (37), as added by
section 11(a)(2) of the GPRA Modernization Act of 2010
(Public Law 111-352; 124 Stat. 3881), as paragraph (39).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$74,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$31,386,000: Provided, That $2,500,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $65,800,000, of which
not to exceed $3,000,000 shall remain available until
September 30, 2016. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$63,400,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $46,000,000 to remain available until
September 30, 2017, for a project outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
European Reassurance Initiative Military Construction
For an additional amount for ``Military Construction,
Army'', ``Military Construction, Air Force'', and ``Military
Construction, Defense-Wide'', $175,000,000 to remain
available until September 30, 2017, for military construction
(including planning and design) for projects associated with
the European Reassurance Initiative: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That none of the
funds provided under this heading may be obligated or
expended until the Secretary of Defense submits to the
Committees on Appropriations of both Houses of Congress: (1)
a final spending plan for the European Reassurance Initiative
military construction projects, and (2) the relevant
Department of Defense Form 1391 for each project prior to the
execution of that project.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the
[[Page H9202]]
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations
Act, 2015''.
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $6,460,639,000,
of which up to $650,000,000 may remain available until
September 30, 2016, and of which up to $2,128,115,000 may
remain available until expended for Worldwide Security
Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,270,036,000, of which up to $331,885,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,595,805,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $780,860,000.
(4) Security programs.--For necessary expenses for security
activities, $1,813,938,000, of which up to $1,796,230,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $533,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act, funds may be
reprogrammed within and between paragraphs (1) through (4)
under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs and activities
in the United States funded from any account contained in
this title.
(D) Of the funds appropriated under this heading, up to
$23,500,000, to remain available until expended, shall be for
Conflict Stabilization Operations and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife: Provided,
That such funds may be transferred to, and merged with, funds
previously made available under the heading ``Conflict
Stabilization Operations'' in title I of prior acts making
appropriations for the Department of State, foreign
operations, and related programs.
(E) None of the funds appropriated under this heading may
be used for the preservation of religious sites unless the
Secretary of State determines and reports to the Committees
on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of
the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national
interest of the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$56,400,000, to remain available until expended, as
authorized.
office of inspector general
For necessary expenses of the Office of Inspector General,
$73,400,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $11,000,000 may remain available until
September 30, 2016.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $589,900,000, to remain available until
expended, of which not less than $236,485,000 shall be for
the Fulbright Program: Provided, That fees or other payments
received from, or in connection with, English teaching,
educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this
account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That not
later than 45 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on
Appropriations detailing modifications made to existing
educational and cultural exchange programs since calendar
year 2013, including for special academic and special
professional and cultural exchanges: Provided further, That
any further substantive modifications to programs funded by
this Act under this heading shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,036,000, to remain available
until September 30, 2016.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $822,755,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation expenses as authorized: Provided, That none
of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or
generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,240,500,000,
to remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2015.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $7,900,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,469,136.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $30,000,000.
[[Page H9203]]
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,399,151,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further,
That not later than May 1, 2015, and 30 days after the end of
fiscal year 2015, the Secretary of State shall report to the
Committees on Appropriations any credits available to the
United States, including from the United Nations Tax
Equalization Fund, and provide updated fiscal year 2015 and
fiscal year 2016 assessment costs including offsets from
available credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the
United Nations and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
available to the United States and provide updated assessment
costs including offsets from available credits and updated
foreign currency exchange rates: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That the
Secretary of State shall review the budgetary and personnel
procedures of the United Nations and affiliated agencies
funded under this heading and, not later than 180 days after
enactment of this Act, submit a report to the Committees on
Appropriations on steps taken at each agency to eliminate
unnecessary administrative costs and duplicative activities
and ensure that personnel practices are transparent and
merit-based.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $2,118,891,000, of which 15 percent shall remain
available until September 30, 2016: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified: (1) of the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; (2) that the United Nations has in place
measures to prevent United Nations employees, contractor
personnel, and peacekeeping troops serving in the mission
from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual
exploitation or other violations of human rights, and to
bring to justice individuals who engage in such acts while
participating in the peacekeeping mission, including
prosecution in their home countries of such individuals in
connection with such acts, and to make information about such
cases publicly available in the country where an alleged
crime occurs and on the United Nations' Web site; and (3) the
source of funds that will be used to pay the cost of the new
or expanded mission, and the estimated cost in future fiscal
years: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State
determines that American manufacturers and suppliers are not
being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That the Secretary of State shall work with
the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures
to ensure that such troops have not violated human rights:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for
any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational
control of a foreign national, unless the President's
military advisors have submitted to the President a
recommendation that such involvement is in the national
interest of the United States and the President has submitted
to the Congress such a recommendation: Provided further,
That not later than May 1, 2015, and 30 days after the end of
fiscal year 2015, the Secretary of State shall report to the
Committees on Appropriations any credits available to the
United States, including those resulting from United Nations
peacekeeping missions or the United Nations Tax Equalization
Fund, and provide updated fiscal year 2015 and fiscal year
2016 assessment costs including offsets from available
credits: Provided further, That any such credits shall only
be available for United States assessed contributions to the
United Nations, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
available to the United States and provide updated assessment
costs including offsets from available credits: Provided
further, That notwithstanding any other provision of law,
funds appropriated or otherwise made available under this
heading shall be available for United States assessed
contributions up to the amount specified in Annex IV
accompanying United Nations General Assembly Resolution 64/
220: Provided further, That such funds may be made available
above the amount authorized in section 404(b)(2)(B) of the
Foreign Relations Authorization Act, fiscal years 1994 and
1995 (22 U.S.C. 287e note) only if the Secretary of State
determines and reports to the appropriate congressional
committees that it is important to the national interest of
the United States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$44,707,000.
construction
For detailed plan preparation and construction of
authorized projects, $29,000,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by Public Law 103-182, $12,561,000: Provided,
That of the amount provided under this heading for the
International Joint Commission, up to $500,000 may remain
available until September 30, 2016, and $9,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $36,681,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants
for radio and television broadcasting to the Middle East,
$726,567,000: Provided, That in addition to amounts
otherwise available for such purposes, up to $44,025,000 of
the amount appropriated under this heading may remain
available until expended for satellite transmissions and
Internet freedom
[[Page H9204]]
programs, of which not less than $17,500,000 shall be for
Internet freedom programs: Provided further, That of the
total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses, of which
$10,000 may be used for representation expenses within the
United States as authorized, and not to exceed $30,000 may be
used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That the authority provided by
section 504(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note)
shall remain in effect through September 30, 2015: Provided
further, That the BBG shall notify the Committees on
Appropriations within 15 days of any determination by the
Board that any of its broadcast entities, including its
grantee organizations, provides an open platform for
international terrorists or those who support international
terrorism, or is in violation of the principles and standards
set forth in subsections (a) and (b) of section 303 of the
United States International Broadcasting Act of 1994 (22
U.S.C. 6202) or the entity's journalistic code of ethics:
Provided further, That significant modifications to BBG
broadcast hours previously justified to Congress, including
changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language
services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up
to $5,000,000 in receipts from advertising and revenue from
business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000
in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall
remain available until expended for carrying out authorized
purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $4,800,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act, $35,300,000, to remain available until September 30,
2016, which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2015, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2015, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2015, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $135,000,000, to remain
available until expended, of which $100,000,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $35,000,000 shall be for
democracy, human rights, and rule of law programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $644,000, as
authorized by section 1303 of Public Law 99-83: Provided,
That the Commission may procure temporary, intermittent, and
other services notwithstanding paragraph (3) of section
1303(g) of Public Law 99-83 (16 U.S.C. 469j): Provided
further, That such authority shall terminate on October 1,
2015: Provided further, That the Commission shall consult
with the Committees on Appropriations prior to exercising
such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom established in title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $3,500,000, to remain available until
September 30, 2016, including not more than $4,000 for
representation expenses, subject to authorization.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,579,000, including not more than $4,000 for representation
expenses, to remain available until September 30, 2016.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911-6919), $2,000,000, including not more than $3,000
for representation expenses, to remain available until
September 30, 2016.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2016: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in
effect during fiscal year 2015 and shall apply to funds
appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,090,836,000, of which up to $163,625,000 may remain
available until September 30, 2016: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $130,815,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$54,285,000, of which up to $8,143,000 may remain available
until September 30, 2016, for the Office of Inspector General
of the United States Agency for International Development.
[[Page H9205]]
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,783,950,000, to
remain available until September 30, 2016, and which shall be
apportioned directly to the United States Agency for
International Development (USAID): Provided, That this
amount shall be made available for training, equipment, and
technical assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; and (7)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to the GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,670,000,000, to remain available until September 30,
2019, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), as amended, for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That the amount of such
contribution should be $1,350,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2015 may be made
available to USAID for technical assistance related to the
activities of the Global Fund: Provided further, That of the
funds appropriated under this paragraph, up to $17,000,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $2,507,001,000, to remain available until September 30,
2016: Provided, That of the funds appropriated under this
heading, not less than $23,000,000 shall be made available
for the American Schools and Hospitals Abroad program, and
not less than $10,500,000 shall be made available for
cooperative development programs of the United States Agency
for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $560,000,000, to remain available
until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development (USAID), pursuant to section
491 of the Foreign Assistance Act of 1961, $47,000,000, to
remain available until expended, to support transition to
democracy and long-term development for countries in crisis:
Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities to prevent or respond to emerging or unforeseen
foreign challenges and complex crises overseas, $20,000,000,
to remain available until expended: Provided, That funds
appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and
crises, except that no funds shall be made available for
lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds
otherwise made available for such purposes, except that such
expenses may not exceed 5
[[Page H9206]]
percent of the funds appropriated under this heading:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days prior to
the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development
(USAID), as authorized by sections 256 and 635 of the Foreign
Assistance Act of 1961, up to $40,000,000 may be derived by
transfer from funds appropriated by this Act to carry out
part I of such Act: Provided, That funds provided under this
paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the
Foreign Assistance Act of 1961 shall be made available only
for micro- and small enterprise programs, urban programs, and
other programs which further the purposes of part I of such
Act: Provided further, That such costs, including the cost
of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made
available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, and funds used for
such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the
House Committee on International Relations on May 9, 1997,
shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect
to any single country shall not exceed $300,000,000:
Provided further, That these funds are available to subsidize
total loan principal, any portion of which is to be
guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $8,120,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2017.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,632,529,000, to remain available until September 30, 2016.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $130,500,000, to remain available until September
30, 2016, of which $75,500,000 shall be made available for
the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
$55,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $931,886,000, to remain
available until expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $10,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to remain
available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501-2523), including the purchase
of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$379,500,000, of which $5,150,000 is for the Office of
Inspector General, to remain available until September 30,
2016: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That of the funds appropriated under this
heading, not to exceed $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be
made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or
suspend a domestic or overseas office or country program
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification
procedures may be waived when there is a substantial security
risk to volunteers or other Peace Corps personnel, pursuant
to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (MCA), $899,500,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further,
That up to 5 percent of the funds appropriated under this
heading may be made available to carry out the purposes of
section 616 of the MCA for fiscal year 2015: Provided
further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available
for a Millennium Challenge Compact entered into pursuant to
section 609 of the MCA only if such Compact obligates, or
contains a commitment to obligate subject to the availability
of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the
Compact: Provided further, That the Chief Executive Officer
of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country
program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold
program: Provided further, That funds appropriated under
this heading by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are available to implement section 609(g) of
the MCA shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold
program after such country has completed a country compact:
Provided further, That any funds that are deobligated from a
Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That
notwithstanding section 606(a)(2) of the MCA, a country shall
be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per
capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is among the
75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to
countries described in the preceding proviso, a country shall
be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per
capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is not among
the 75 lowest per capita income countries as identified by
the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the MCA: Provided further, That any
Millennium Challenge Corporation candidate country under
section 606 of the MCA with a per capita income that changes
in the fiscal year such that the country would be
reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low
income country shall retain its candidacy status in its
former income classification for the fiscal year and the 2
subsequent fiscal years: Provided further, That publication
in the Federal Register of a notice of availability of a copy
of a Compact on the Millennium Challenge Corporation Web site
shall be deemed to satisfy the requirements of section
610(b)(2) of the MCA for such Compact: Provided further,
That none of the funds made available by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs shall be available
for a threshold program in a country that is not currently a
candidate country: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may
be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September 30, 2016:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
[[Page H9207]]
united states african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533), $30,000,000, to remain available
until September 30, 2016, of which not to exceed $2,000 may
be available for representation expenses: Provided, That
funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board
of Directors of the United States African Development
Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was
made: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the Committees on
Appropriations after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$23,500,000, to remain available until September 30, 2017,
which shall be available notwithstanding any other provision
of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $853,055,000, to remain
available until September 30, 2016: Provided, That the
provision of assistance by any other United States Government
department or agency which is comparable to assistance made
available under this heading but which is provided under any
other provision of law, shall be administered in accordance
with the provisions of sections 481(b) and 622(c) of the
Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading for counternarcotics programs
should be used to support social, economic, and judicial
reform programs that address the causes of illicit drug
production, trafficking, addiction, and related violent crime
and corruption: Provided further, That the reporting
requirements contained in section 1404 of Public Law 110-252
shall apply to funds made available by this Act, including a
description of modifications, if any, to the Palestinian
Authority's security strategy: Provided further, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of that Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities,
utilizing regional partners: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply
to funds appropriated under this heading, except that any
funds made available notwithstanding such section shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That not
later than 90 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on
Appropriations on the feasibility and cost of establishing an
aviation platform in Africa to conduct the activities
described in House Report 113-499.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$586,260,000, to remain available until September 30, 2016,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That for the
clearance of unexploded ordnance, the Secretary of State
should prioritize those areas where such ordnance was caused
by the United States: Provided further, That funds made
available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other
provision of law and subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and
weapons destruction, and shall remain available until
expended: Provided further, That such funds may also be used
for such countries other than the Independent States of the
former Soviet Union and international organizations when it
is in the national security interest of the United States to
do so: Provided further, That funds appropriated under this
heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its
right to participate in the activities of that Agency:
Provided further, That funds made available for conventional
weapons destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$144,993,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$28,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That funds appropriated
under this Act should not be used to support any military
training or operations that include child soldiers: Provided
further, That none of the funds appropriated under this
heading shall be obligated except as provided through the
regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$106,074,000, of which up to $4,000,000 may remain available
until September 30, 2016, and may only be provided through
the regular notification procedures of the Committees on
Appropriations: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That of the
funds appropriated under this heading, not to exceed $55,000
may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,014,109,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants only for Israel,
and funds are available for assistance for Jordan and Egypt
subject to section 7041 of this Act: Provided further, That
the funds appropriated under this heading for assistance for
Israel shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That none of the
funds made available under this heading shall be made
available to support or continue any program initially funded
under the authority of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456) (or any successor authority) unless the
Secretary of State, in coordination with the Secretary of
Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services
[[Page H9208]]
that are not sold by the United States Government under the
Arms Export Control Act unless the foreign country proposing
to make such procurement has first signed an agreement with
the United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$63,945,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of
administering military assistance and sales, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this
heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further,
That not more than $904,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of Defense
during fiscal year 2015 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $344,170,000, of which up to
$10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention
on Climate Change: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $136,563,000, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,287,800,000, to remain
available until expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $186,957,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Clean Technology Fund by
the Secretary of the Treasury, $184,630,000, to remain
available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Strategic Climate Fund by
the Secretary of the Treasury, $49,900,000, to remain
available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$102,020,448, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $4,098,794,833.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $3,378,000,
to remain available until expended: Provided, That such
payment shall be subject to prior consultation with the
Committees on Appropriations.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of increase in capital stock, $106,586,000, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$104,977,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$32,418,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $175,668,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,750,000, to remain available until
September 30, 2016.
program account
The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of
funds and borrowing authority available to such corporation,
and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That
none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments
for the export of nuclear equipment, fuel, or technology to
any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further,
That not less than 20 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank
under this Act should be used to finance exports directly by
small business concerns (as defined under section 3 of the
Small Business Act): Provided further, That not less than 10
percent of the aggregate loan, guarantee, and insurance
authority available to the Bank under this Act should be used
for renewable energy technologies or energy efficiency
technologies: Provided further, That notwithstanding section
1(c) of Public Law 103-428, as amended, sections 1(a) and (b)
of Public Law 103-428 shall remain in effect through October
1, 2015.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, not to exceed $106,250,000: Provided, That the
Export-Import Bank (the Bank) may accept, and use, payment or
services provided by transaction participants for legal,
financial,
[[Page H9209]]
or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall remain
in effect until September 30, 2015: Provided further, That
the Bank shall charge fees for necessary expenses (including
special services performed on a contract or fee basis, but
not including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of
pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or
appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which
an application for a loan, guarantee or insurance commitment
has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other
funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2015 in excess of obligations, up to
$10,000,000, shall become available on September 1, 2015, and
shall remain available until September 30, 2018.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $62,787,000: Provided further,
That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $25,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2015, 2016, and 2017:
Provided further, That funds so obligated in fiscal year 2015
remain available for disbursement through 2023; funds
obligated in fiscal year 2016 remain available for
disbursement through 2024; and funds obligated in fiscal year
2017 remain available for disbursement through 2025:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$60,000,000, to remain available until September 30, 2016:
Provided, That of the amounts made available under this
heading, up to $2,500,000 may be made available to provide
comprehensive procurement advice to foreign governments to
support local procurements funded by the United States Agency
for International Development, the Millennium Challenge
Corporation, and the Department of State: Provided further,
That of the funds appropriated under this heading, not more
than $4,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2015 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not
been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct
a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a
Federal agency or department if the Secretary of State
determines that such department or agency has not provided to
the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted
into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as
amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the United States Marine Corps.
(c) For the purposes of calculating the fiscal year 2015
costs of providing new United States diplomatic facilities in
accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note), the Secretary of State, in consultation with the
Director of the Office of Management and Budget, shall
determine the annual program level and agency shares in a
manner that is proportional to the Department of State's
contribution for this purpose.
(d) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, which may be made available
for the acquisition of property or award of construction
contracts for overseas diplomatic facilities during fiscal
year 2015, shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided, That notifications pursuant to
this subsection shall include the information enumerated
under the heading ``Embassy Security, Construction, and
Maintenance'' in House Report 113-499.
(e)(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this
Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, made available through Federal agency Capital
Security Cost Sharing contributions and reimbursements, or
generated from the proceeds of real property sales, other
than from real property sales located in London, United
Kingdom, may be made available for site acquisition and
mitigation, planning, design, or construction of the New
London Embassy: Provided, That the reporting requirement
contained in section 7004(f)(2) of division I of Public Law
112-74 shall remain in effect during fiscal year 2015.
(2) Funds appropriated or otherwise made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
heading ``Embassy Security, Construction, and Maintenance''
may be obligated for the relocation of the United States
Embassy to the Holy See only if the Secretary of State
reports in writing to the Committees on Appropriations that
such relocation continues to be consistent with the
conditions of section 7004(e)(2) of division K of Public Law
113-76.
(f)(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be
made available to address security vulnerabilities at
expeditionary, interim, and temporary facilities abroad,
including physical security upgrades and local guard
staffing, except that the amount of funds made available for
such purposes from this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000: Provided, That the uses of such funds should be
the responsibility of the Assistant Secretary of State for
the Bureau of Diplomatic Security and Foreign Missions, in
consultation
[[Page H9210]]
with the Director of the Bureau of Overseas Buildings
Operations: Provided further, That such funds shall be
subject to prior consultation with the Committees on
Appropriations.
(2) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a list of all expeditionary,
interim, and temporary diplomatic facilities and the number
of personnel and security costs for each such facility:
Provided, That the report required by this paragraph may be
submitted in classified form if necessary.
(3) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an
expeditionary, interim, or temporary diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(g) Funds appropriated under the heading ``Diplomatic and
Consular Programs'', including for Worldwide Security
Protection, and under the heading ``Embassy Security,
Construction, and Maintenance'' in titles I and VIII of this
Act may be transferred to, and merged with, funds
appropriated by such titles under such headings if the
Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
or to prevent or respond to security situations and
requirements, following consultation with, and subject to the
regular notification procedures of, such Committees:
Provided, That such transfer authority is in addition to any
transfer authority otherwise available under any other
provision of law.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in
accordance with section 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined
by a cost-technical tradeoff analysis (as described in
Federal Acquisition Regulation part 15.101), notwithstanding
subsection (c)(3) of such section, for high risk, high threat
posts: Provided, That the authority in this section shall
apply to any options for renewal that may be exercised under
such contracts that are awarded during the current fiscal
year.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between,
and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers, and no such transfer may be made to increase the
appropriation under the heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b) of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2015, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such
Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Global
Health Programs'', ``Development Assistance'', and ``Economic
Support Fund'' shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Department
of State.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds:
Provided, That such audits shall be transmitted to the
Committees on Appropriations: Provided further, That funds
transferred under such authority may be made available for
the cost of such audits.
security assistance report
Sec. 7010. Not later than 120 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a report on funds obligated and expended
during fiscal year 2014 under the headings ``International
Military Education and Training'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program''.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the heading ``Development
Credit Authority'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I
and
[[Page H9211]]
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations at the beginning
of each fiscal year, detailing by account and source year,
the use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2015 on funds appropriated by this Act by a foreign
government or entity against United States assistance
programs for which funds are appropriated by this Act, either
directly or through grantees, contractors, and subcontractors
shall be withheld from obligation from funds appropriated for
assistance for fiscal year 2016 and allocated for the central
government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies
and reports in writing to the Committees on Appropriations,
not later than September 30, 2016, that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance for countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State reports to the
Committees on Appropriations--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement;
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with
the heads of other relevant departments or agencies, shall
submit a report to the Committees on Appropriations, not
later than 90 days after the enactment of this Act, detailing
steps taken by such departments or agencies to comply with
the requirements of this section.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles III through
VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Department
of State or the United States Agency for International
Development (USAID) that are specifically designated for
particular programs or activities by this or any other Act
may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) None of the funds made available in titles I
and II of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain
available for obligation or expenditure in fiscal year 2015,
or provided from any accounts in the Treasury of the United
States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, closes, reorganizes, or renames bureaus,
centers, or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds: Provided, That
unless previously justified to the Committees on
Appropriations, the requirements of this subsection shall
apply to all obligations of funds appropriated under titles I
and II of this Act for paragraphs (1), (2), (5), and (6) of
this subsection.
(b) None of the funds provided under titles I and II of
this Act, or provided under previous appropriations Acts to
the agency or department funded under titles I and II of this
Act that remain available for obligation or expenditure in
fiscal year 2015, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agency or department funded under title
I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
(c) None of the funds made available by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Economic Support Fund'',
``Democracy Fund'', ``Peacekeeping Operations'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign
Military Financing Program'', ``International Military
Education and Training'', ``Conflict Stabilization
Operations'', and ``Peace Corps'', shall be available for
obligation for activities, programs, projects, type of
materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of
[[Page H9212]]
these specific headings unless the Committees on
Appropriations are notified 15 days in advance: Provided,
That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are
appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to the
Congress for obligation for such activity, program, or
project for the current fiscal year: Provided further, That
any notification submitted pursuant to subsection (f) of this
section shall include information (if known on the date of
transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if
subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the
Committees on Appropriations should be informed at the
earliest opportunity and to the extent practicable.
(d) Notwithstanding any other provision of law, with the
exception of funds transferred to, and merged with, funds
appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international
organizations, and funds made available for programs
authorized by section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163)
(or any successor authority), shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided, That in case of
any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) None of the funds appropriated under titles III through
VI of this Act shall be obligated or expended for assistance
for Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba,
Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, Iran,
Iraq, Lebanon, Libya, Pakistan, the Russian Federation,
Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees
if such defense articles are significant military equipment
(as defined in section 47(9) of the Arms Export Control Act)
or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles I and III through V of this Act, which are returned or
not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign
Assistance Act of 1961 or section 7048(a) of this Act, shall
remain available for obligation until September 30, 2017:
Provided, That the requirement to withhold funds for programs
in Burma under section 307(a) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations
Sec. 7019. (a) Funds provided by this Act shall be made
available for programs and countries in the amounts
specifically designated in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) For the purposes of implementing this section and only
with respect to the amounts for programs and countries
specifically designated in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations.
representation and entertainment expenses
Sec. 7020. (a) Each Federal department, agency, or entity
funded in titles I or II of this Act, and the Department of
the Treasury and independent agencies funded in titles III or
VI of this Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further
official agency business and United States foreign policy
interests and are--
(1) primarily for fostering relations outside of the
Executive Branch;
(2) principally for meals and events of a protocol nature;
(3) not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) None of the funds appropriated or otherwise made
available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' may be obligated
or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act: Provided,
That the prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment:
Provided further, That this section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national
interest of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
[[Page H9213]]
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver
in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672, section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to the Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in
the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to
outweigh the injury to United States producers of the same,
similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
American producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions, as defined in section 7029(h) of this Act, to
use the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
made available by this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle them with any
other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
[[Page H9214]]
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the regular notification procedures of the Committees
on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961: Provided, That before using the authority of
this subsection to furnish assistance in support of programs
of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2015, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480): Provided,
That none of the funds appropriated to carry out title I of
such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the
regular notification procedures of the Committees on
Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development (USAID) may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) In addition to the requirements of paragraph (1), the
Administrator of USAID shall report, on a semi-annual basis,
to the appropriate congressional committees on all awards
subject to limited or no competition for local entities:
Provided, That such report should be posted on the USAID Web
site: Provided further, That the requirements of this
subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of
$2,000,000.
(c) Section 7077 of division I of Public Law 112-74 shall
continue in effect during fiscal year 2015, as amended by
division K of Public Law 113-76.
international financial institutions
Sec. 7029. (a) The Secretary of the Treasury shall instruct
the United States executive director of each international
financial institution to seek to require that such
institution adopts and implements a publicly available
policy, including the strategic use of peer reviews and
external experts, to conduct independent, in-depth
evaluations of the effectiveness of at least 25 percent of
all loans, grants, programs, and significant analytical non-
lending activities in advancing the institution's goals of
reducing poverty and promoting equitable economic growth,
consistent with relevant safeguards, to ensure that decisions
to support such loans, grants, programs, and activities are
based on accurate data and objective analysis: Provided,
That not later than 180 days after enactment of this Act, the
Secretary shall submit a report to the Committees on
Appropriations on steps taken by the United States executive
directors and the international financial institutions
consistent with this paragraph.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan, grant,
policy, or strategy if such institution has adopted and is
implementing any social or environmental safeguard relevant
to such loan, grant, policy, or strategy that provides less
protection than World Bank safeguards in effect on September
30, 2014.
(c) None of the funds appropriated under title V of this
Act may be made as payment to any international financial
institution while the United States executive director to
such institution is compensated by the institution at a rate
which, together with whatever compensation such executive
director receives from the United States, is in excess of the
rate provided for an individual occupying a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(d) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to seek to require that such institution conducts
rigorous human rights due diligence and human rights risk
management, as appropriate, in connection with any loan,
grant, policy, or strategy of such institution: Provided,
That prior to voting on any such loan, grant, policy, or
strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, if the executive director has reason to
believe that such loan, grant, policy, or strategy could
result in forced displacement or other violation of human
rights.
(e) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to seek to require that such institution
collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding
proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that
receives funds appropriated by this Act that are provided as
payment to such institution: Provided, That not later than
180 days after enactment of this Act, the Secretary shall
submit a report to the Committees on Appropriations on steps
taken by the United States executive directors and the
international financial institutions consistent with this
paragraph.
(g) The Secretary of the Treasury should support efforts by
the Inter-American Development Bank (IDB) to promote economic
cooperation and integration within the Caribbean region,
consistent with the IDB's charter and United States policy.
(h) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Asian Development Fund,
the Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Funds appropriated by this Act may be made available
for direct government-to-government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed; and
(i) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iii) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(iv) no level of acceptable fraud is assumed; and
(v) the government of the recipient country is taking steps
to publicly disclose on an annual basis its national budget,
to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
[[Page H9215]]
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act;
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear
and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis;
and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) In addition to the requirements in subsection (a), no
funds may be made available for direct government-to-
government assistance without prior consultation with, and
notification of, the Committees on Appropriations: Provided,
That such notification shall contain an explanation of how
the proposed activity meets the requirements of paragraph
(1): Provided further, That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available
for cash transfer, budget support, and cash payments to
individuals.
(3) The Administrator of the United States Agency for
International Development (USAID) or the Secretary of State,
as appropriate, shall suspend any direct government-to-
government assistance if the Administrator or the Secretary
has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) The Secretary of State shall submit to the Committees
on Appropriations, concurrent with the fiscal year 2016
congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country,
proposed funding amount, source of funds, and type of
assistance.
(5) Not later than 90 days after the enactment of this Act
and 6 months thereafter until September 30, 2015, the USAID
Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in subsection (a)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance;
and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) None of the funds made available by this Act may be
used for any foreign country for debt service payments owed
by any country to any international financial institution:
Provided, That for purposes of this subsection, the term
``international financial institution'' has the meaning given
the term in section 7029(h) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of
division K of Public Law 113-76.
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government
contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of
State's Web site: Provided, That the Secretary shall
identify the significant progress made by each such
government to publicly disclose national budget
documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term
steps such government should take to improve fiscal
transparency: Provided further, That the annual report shall
include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise made available for such purposes:
Provided further, That a description of the uses of such
funds shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary may also publicly or privately designate
or identify officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph
(1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) The Secretary may waive the application of paragraph
(1) if the Secretary determines that the waiver would serve a
compelling national interest or that the circumstances which
caused the individual to be ineligible have changed
sufficiently.
(4) Not later than 6 months after enactment of this Act,
the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on
Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well
as the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) Any unclassified portion of the report required under
paragraph (4) shall be posted on the Department of State's
Web site.
(6) For purposes of paragraphs (1)(B), (4), and (5), the
records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) Foreign Assistance Web Site.--Funds appropriated by
this Act under titles I and II, and funds made available for
any independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State's foreign assistance Web site:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Of the funds appropriated by this Act, not
less than $2,264,986,000 should be made available for
democracy programs, as defined in subsection (c).
(b) Funds made available by this Act for democracy programs
may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy
(NED), any regulation.
(c) For purposes of funds appropriated by this Act, the
term ``democracy programs'' means programs that support good
governance, credible and competitive elections, freedom of
expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law,
and that otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, and institutions that are responsive and
accountable to citizens.
(d) Funds appropriated by this Act that are made available
for governance programs should be made available to support
institutions and individuals that demonstrate a commitment to
democracy.
(e) With respect to the provision of assistance for
democracy, human rights, and governance activities in this
Act, the organizations implementing such assistance, the
specific nature of that assistance, and the participants in
such programs shall not be subject to the prior approval by
the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development
(USAID), shall report to the Committees on Appropriations,
not later than 120 days after enactment of this Act,
detailing steps taken by the Department of State and USAID to
comply with the requirements of this subsection.
(f) Any funds made available by this Act for a business and
human rights program in the People's Republic of China shall
be made available on a cost-matching basis from sources other
than the United States Government.
(g) The Bureau of Democracy, Human Rights, and Labor,
Department of State (DRL) and the Bureau for Democracy,
Conflict and Humanitarian Assistance, USAID, shall regularly
communicate their planned programs to the NED.
(h) Funds appropriated by this Act under the heading
``Democracy Fund'' that are made available to DRL shall be
made available to maintain a database of prisons and gulags
in North Korea, in accordance with section 7032(i) of
division K of Public Law 113-76.
(i) Funds appropriated by this Act that are made available
for democracy programs
[[Page H9216]]
shall be made available to support freedom of religion,
including in the Middle East and North Africa.
(j) Funds appropriated under title III of this Act shall be
made available for democracy programs in countries in the
Western Hemisphere above the total amount requested in the
Congressional Budget Justification, Foreign Operations,
Fiscal Year 2015: Provided, That the Department of State and
USAID, as appropriate, shall consult with the Committees on
Appropriations prior to the obligation of such funds.
(k) Funds made available by this Act for the Near East
Regional Democracy program shall be the responsibility of the
Assistant Secretary for Near Eastern Affairs, Department of
State, in consultation with the Assistant Secretary for DRL:
Provided, That such funds shall be made available for the
activities described in section 1243 of Public Law 112-239,
following consultation with the appropriate congressional
committees.
multi-year pledges
Sec. 7033. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development (USAID), from
this or any other Act, may be made available as a general
contribution to the World Food Program, notwithstanding any
other provision of law.
(d) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated under titles III and IV
of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'', ``Peacekeeping
Operations'', ``International Disaster Assistance'',
``Complex Crises Fund'', and ``Transition Initiatives'' may
be made available to support programs to disarm, demobilize,
and reintegrate into civilian society former members of
foreign terrorist organizations: Provided, That the
Secretary of State shall consult with the Committees on
Appropriations prior to the obligation of funds pursuant to
this subsection: Provided further, That for the purposes of
this subsection the term ``foreign terrorist organization''
means an organization designated as a terrorist organization
under section 219 of the Immigration and Nationality Act.
(e) Directives and Authorities.--(1) Funds appropriated by
this Act under the heading ``Economic Support Fund'' shall be
made available to carry out the Program for Research and
Training on Eastern Europe and the Independent States of the
Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501-
4508).
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'' may be made available as a contribution to
establish and maintain memorial sites of genocide, subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Of the amounts made available by this Act under the
heading ``Diplomatic and Consular Programs'' in title I, up
to $500,000 may be made available for grants pursuant to
section 504 of Public Law 95-426 (22 U.S.C. 2656d), including
to facilitate collaboration with indigenous communities.
(f) Partner Vetting.--Funds appropriated by this Act or in
titles I through IV of prior Acts making appropriations for
the Department of State, foreign operations, and related
programs shall be used by the Secretary of State and the
USAID Administrator, as appropriate, to support the continued
implementation of the Partner Vetting System (PVS) pilot
program: Provided, That the Secretary of State and the USAID
Administrator shall jointly submit a report to the Committees
on Appropriations, not later than 30 days after completion of
the pilot program, on the estimated timeline and criteria for
evaluating the PVS pilot program for possible expansion:
Provided further, That such report shall include the
requirements in Senate Report 113-195 and House Report 113-
499: Provided further, That such report may be delivered in
classified form, if necessary.
(g) Contingencies.--During fiscal year 2015, the President
may use up to $100,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Reports Repealed.--Section 304(f) of Public Law 107-
173; section 2104 of Public Law 109-13; and subsection
1405(c) of the Supplemental Appropriations Act of 2008
(Public Law 110-252), are hereby repealed.
(j) Transfers for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the
heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
heading ``Diplomatic and Consular Programs'' for fiscal year
2015, except for funds designated for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, at no later than the end of the fifth
fiscal year after the last fiscal year for which such funds
are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (Public Law 110-457): Provided, That in
determining whether to suspend the issuance of A-3 or G-5
visas under such section, the Secretary should consider the
following as ``credible evidence'': (1) a final court
judgment (including a default judgment) issued against a
current or former employee of such mission or organization
(for which the time period for appeal has expired); (2) the
issuance of a T-visa to the victim; or (3) a request by the
Department of State to the sending state that immunity of
individual diplomats or family members be waived to permit
criminal prosecution: Provided further, That the Secretary
should assist in obtaining payment of final court judgments
awarded to A-3 and G-5 visa holders, including encouraging
the sending states to provide compensation directly to
victims: Provided further, That the Secretary shall include
in the Trafficking in Persons annual report a concise summary
of each trafficking case involving an A-3 or G-5 visa holder
which meets one or more of the items in the first proviso of
this subsection.
(l) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting
``September 30, 2015'' for ``September 30, 2010''.
(2) The authority provided by section 301(a)(3) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall remain in effect for facilities in
Afghanistan through September 30, 2015, except that the
notification and reporting requirements contained in such
section shall include the Committees on Appropriations.
(3) The authority contained in section 1115(d) of Public
Law 111-32 shall remain in effect through September 30, 2015.
(4) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting ``September
30, 2015'' for ``October 1, 2010'' in paragraph (2).
(5) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by
substituting ``September 30, 2015'' for ``October 1, 2010''
in paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting
``September 30, 2015'' for ``October 1, 2010'' in
subparagraph (B).
(7)(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32; 123
Stat. 1904) shall remain in effect through September 30,
2015.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(8) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(A) In section 599D (8 U.S.C. 1157 note)--
[[Page H9217]]
(i) in subsection (b)(3), by striking ``and 2014'' and
inserting ``2014, and 2015''; and
(ii) in subsection (e), by striking ``2014'' each place it
appears and inserting ``2015''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2014'' and inserting ``2015''.
(9) The authorities provided in section 1015(b) of Public
Law 111-212 shall remain in effect through September 30,
2015.
(m) Crowd Control Items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(n) Department of State Working Capital Fund.--Funds
appropriated by this Act or otherwise made available to the
Department of State for payments to the Working Capital Fund
may only be used for the activities and in the amounts
allowed in the President's fiscal year 2015 budget:
Provided, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund
service: Provided further, That Federal agency components
may only pay for Working Capital Fund services that are
consistent with the component's purpose and authorities:
Provided further, That the Working Capital Fund shall be paid
in advance or reimbursed at rates which will return the full
cost of each service.
(o) Security Force Accountability Assistance.--The
Secretary of State shall submit a report to the Committees on
Appropriations not later than 90 days after enactment of this
Act on steps taken to implement section 620M(c) of the
Foreign Assistance Act of 1961, including program details and
sources of funding: Provided, That such report shall
describe how funds appropriated by this Act are used to
encourage, assist, and build the capacity of foreign
governments to investigate, prosecute, and punish security
force personnel who are credibly alleged to have committed
gross violations of human rights, including by providing:
(1) technical assistance in support of such investigations
and prosecutions;
(2) assistance to strengthen civilian-military cooperation
on human rights and the rule of law;
(3) assistance to strengthen the internal accountability
mechanisms and technical capacity of foreign governments to
bring such personnel to justice; and
(4) support for nongovernmental organizations that monitor
and document gross violations.
(p) Humanitarian Assistance.--Funds appropriated by this
Act that are available for monitoring and evaluation of
assistance under the headings ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall,
as appropriate, be made available for the regular collection
of feedback obtained directly from beneficiaries on the
quality and relevance of such assistance: Provided, That the
Department of State and USAID shall conduct regular oversight
to ensure that such feedback is collected and used by
grantees to maximize the cost-effectiveness and utility of
such assistance, and require grantees that receive funds
under such headings to establish procedures for collecting
and responding to such feedback.
(q) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
477) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of
State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(r) Loan Guarantees and Enterprise Funds.--
(1) Funds appropriated under the heading ``Economic Support
Fund'' only in title III of this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Jordan, Ukraine,
and Tunisia, which are authorized to be provided: Provided,
That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance
for the purposes of provisions of law limiting assistance to
a country.
(2) Funds appropriated under the heading ``Economic Support
Fund'' in this Act may be made available to establish and
operate one or more enterprise funds for Egypt and Tunisia:
Provided, That the first, third and fifth provisos under
section 7041(b) of division I of Public Law 112-74 shall
apply to funds appropriated by this Act under the heading
``Economic Support Fund'' for an enterprise fund or funds to
the same extent and in the same manner as such provision of
law applied to funds made available under such section
(except that the clause excluding subsection (d)(3) of
section 201 of the SEED Act shall not apply): Provided
further, That the authority of any such enterprise fund or
funds to provide assistance shall cease to be effective on
December 31, 2025.
(3) Funds made available by this subsection shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(s) Report on Executive Salaries.--Not later than 90 days
after enactment of this Act, the head of any non-Federal or
quasi-Federal organization that is provided a direct
appropriation with funds made available by this Act under
titles I or III shall submit a report to the Committees on
Appropriations on executive salary and compensation:
Provided, That the report shall include the information
specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(t) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ``appropriate congressional committees''
shall mean the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated in this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs'' shall mean funds
that remain available for obligation, and have not expired.
(3) Any reference to Southern Kordofan in this or any other
Act making appropriations for the Department of State,
foreign operations, and related programs shall be deemed to
include portions of Western Kordofan that were previously
part of Southern Kordofan prior to the 2013 division of
Southern Kordofan.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for
[[Page H9218]]
human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2015, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have
committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash
transfer assistance, in fiscal year 2015 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) In general.--Funds appropriated by this Act that are
available for assistance for
[[Page H9219]]
the Government of Egypt may only be made available if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', and subject to paragraph (6) of
this subsection, up to $150,000,000 may be made available for
assistance for Egypt, of which not less than $35,000,000
should be made available for higher education programs
including not less than $10,000,000 for scholarships at not-
for-profit institutions for Egyptian students with high
financial need: Provided, That such funds may also be made
available for democracy programs: Provided further, That
such funds shall be made available for a demonstration
project to combat hepatitis C, on a cost matching basis from
sources other than the United States Government.
(B) Notwithstanding any provision of law restricting
assistance for Egypt, including paragraph (6) of this
subsection, funds made available under the heading ``Economic
Support Fund'' in this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs for assistance for Egypt may
be made available for education and economic growth programs,
subject to prior consultation with the appropriate
congressional committees: Provided, That such funds may not
be made available for cash transfer assistance or budget
support unless the Secretary of State certifies to the
appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize
the economy and implement market-based economic reforms.
(C)(i) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available for
assistance for Egypt, the Secretary of State shall withhold
from obligation an amount that the Secretary determines to be
equivalent to that expended by the United States Government
for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy related trials in Egypt
until the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has dismissed
the convictions issued by the Cairo Criminal Court on June 4,
2013, in ``Public Prosecution Case No. 1110 for the Year
2012''.
(ii) No conviction issued by the Cairo Criminal Court on
June 4, 2013, in ``Public Prosecution Case No. 1110 for the
Year 2012'', against a citizen or national of the United
States or an alien lawfully admitted for permanent residence
in the United States, shall be considered a conviction for
purposes of United States law or for any activity undertaken
within the jurisdiction of the United States.
(3) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', and subject to paragraph (6) of this
subsection, up to $1,300,000,000, to remain available until
September 30, 2016, may be made available for assistance for
Egypt which may be transferred to an interest bearing account
in the Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations:
Provided, That if the Secretary of State is unable to make
the certification in subparagraph (6)(A) or (B) of this
subsection, such funds may be made available at the minimum
rate necessary to continue existing programs, notwithstanding
any provision of law restricting assistance for Egypt and
following consultation with the Committees on Appropriations,
except that defense articles and services from such programs
shall not be delivered until the requirements in
subparagraphs (6)(A), (B), or (C) of this subsection are met:
Provided further, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations describing any
defense articles withheld from delivery to Egypt as of the
date of enactment of this Act: Provided further, That not
later than 90 days after enactment of this Act, the Secretary
shall consult with the Committees on Appropriations on plans
to restructure military assistance for Egypt, including cash
flow financing.
(4) Prior year funds.--Funds appropriated under the
headings ``Foreign Military Financing Program'' and
``International Military Education and Training'' in prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be made
available notwithstanding any provision of law restricting
assistance for Egypt, except that such funds under the
heading ``Foreign Military Financing Program'' shall only be
made available at the minimum rate necessary to continue
existing programs and following consultation with the
Committees on Appropriations, and the defense articles and
services from such programs shall not be delivered until the
requirements in subparagraphs (6)(A), (B), or (C) of this
subsection are met.
(5) Security exemptions.--Notwithstanding any provision of
law restricting assistance for Egypt, including paragraphs
(3), (4), and (6) of this subsection, funds made available
for assistance for Egypt in this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
counterterrorism, border security, and nonproliferation
programs in Egypt, and for development activities in the
Sinai, if the Secretary of State certifies and reports to the
appropriate congressional committees that to do so is
important to the national security interest of the United
States.
(6) Fiscal year 2015 funds.--Except as provided in
paragraphs (2), (3) and (5) of this subsection, funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'' for
assistance for the Government of Egypt may be made available
notwithstanding any provision of law restricting assistance
for Egypt as follows--
(A) up to $725,850,000 may be made available only if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Egypt--
(i) has held free and fair parliamentary elections;
(ii) is implementing laws or policies to govern
democratically and protect the rights of individuals;
(iii) is implementing reforms that protect freedoms of
expression, association, and peaceful assembly, including the
ability of civil society organizations and the media to
function without interference;
(iv) is taking consistent steps to protect and advance the
rights of women and religious minorities;
(v) is providing detainees with due process of law;
(vi) is conducting credible investigations and prosecutions
of the use of excessive force by security forces; and
(vii) has released American citizens who the Secretary of
State determines to be political prisoners and dismissed
charges against them; and
(B) not less than 180 days after a certification and report
under subparagraph (6)(A), up to $725,850,000 may be made
available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
requirements in subparagraph (6)(A) are being met.
(C) The Secretary of State may provide assistance,
notwithstanding the certification requirements of
subparagraphs 6(A) and (B) of this subsection or similar
provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, if the Secretary, after consultation with the
Committees on Appropriations, certifies and reports to such
Committees that it is important to the national security
interest of the United States to provide such assistance:
Provided, That such report, which may be in classified form
if necessary, shall contain a detailed justification and the
reasons why any of the requirements of subparagraphs 6(A) or
(B) cannot be met.
(b) Iran.--
(1) The terms and conditions of paragraphs (1) and (2) of
section 7041(c) in division I of Public Law 112-74 shall
continue in effect during fiscal year 2015 as if part of this
Act.
(2)(A) The reporting requirements in section 7043(c) in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2015 as if part of this Act: Provided,
That the date in subsection (c)(1) shall be deemed to be
``September 30, 2015''.
(B) The Secretary of State shall submit to the appropriate
congressional committees, not later than 30 days after
enactment of this Act and at the end of each 30-day period
thereafter until September 30, 2015, a report on the
implementation of the Joint Plan of Action between the P5+1
and the Government of Iran concluded on November 24, 2013,
and any extension of or successor to that agreement:
Provided, That the report shall include the information
required in House Report 113-499 and Senate Report 113-195,
and may be submitted in classified form if necessary.
(c) Iraq.--
(1) Funds appropriated by this Act may be made available
for assistance for Iraq to promote governance, security, and
internal and regional stability, including in Kurdistan and
other areas impacted by the conflict in Syria, and among
Iraq's religious and ethnic minority populations.
(2) None of the funds appropriated by this Act may be made
available for construction of a permanent United States
consulate in Iraq on property for which no land-use agreement
has been entered into by the Governments of the United States
and Iraq.
(3) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are available for
assistance for Iraq should be made available to enhance the
capacity of Kurdistan Regional Government security services
and for security programs in Kurdistan to address
requirements arising from the violence in Syria and Iraq:
Provided, That the Secretary of State shall consult with the
Committees on Appropriations prior to obligating such funds.
(4) Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the heads of other
relevant United States Government agencies, shall submit a
report to the appropriate congressional committees detailing
steps taken by the United States Government to address the
plight, including resettlement needs, of Iranian dissidents
located at Camp Liberty/Hurriya in Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
the headings ``Economic Support Fund'' and ``Foreign Military
Financing
[[Page H9220]]
Program'', not less than $1,000,000,000 shall be made
available for assistance for Jordan.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may be made
available for the Lebanese Internal Security Forces (ISF) or
the Lebanese Armed Forces (LAF) if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality
Act.
(2) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are available for
assistance for Lebanon may be made available for programs and
equipment for the ISF and the LAF to address security and
stability requirements in areas affected by the conflict in
Syria, following consultation with the appropriate
congressional committees.
(3) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance
for Lebanon may be made available notwithstanding section
1224 of Public Law 107-228.
(4) In addition to the activities described in paragraph
(2), funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Lebanon may be made available only to professionalize the LAF
and to strengthen border security and combat terrorism,
including training and equipping the LAF to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be obligated for assistance for
the LAF until the Secretary of State submits to the
Committees on Appropriations a detailed spend plan, including
actions to be taken to ensure equipment provided to the LAF
is only used for the intended purposes, except such plan may
not be considered as meeting the notification requirements
under section 7015 of this Act or under section 634A of the
Foreign Assistance Act of 1961, and shall be submitted not
later than September 1, 2015: Provided further, That any
notification submitted pursuant to such sections shall
include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Libya
unless the Secretary of State reports to the Committees on
Appropriations that such government is cooperating with
United States Government efforts to investigate and bring to
justice those responsible for the attack on United States
personnel and facilities in Benghazi, Libya in September
2012: Provided, That the limitation in this paragraph shall
not apply to funds made available for the purpose of
protecting United States Government personnel or facilities.
(2) Any notification required for assistance for Libya for
funds appropriated under title IV of this Act shall include a
detailed justification for such assistance, and a description
of the vetting procedures used for any individual or unit
receiving such assistance.
(3) The limitation on the uses of funds in section
7041(f)(2) of division K of Public Law 113-76 shall apply to
funds appropriated by this Act that are made available for
assistance for Libya: Provided, That prior to the obligation
of such funds, the Secretary of State shall take all
appropriate steps to ensure that mechanisms are in place for
monitoring and control of assistance for Libya.
(4) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing--
(A) the number of claims against Libya filed with the
Foreign Claims Settlement Commission pursuant to the
Department of State's referral of claims of November 27, 2013
in connection with the Claims Settlement Agreement between
the United States of America and the Great Socialist People's
Libyan Arab Jamahiriya of August 14, 2008, as implemented
pursuant to the Libyan Claims Resolution Act, Public Law 110-
301 and Executive Order 13477 dated October 31, 2008;
(B) the amount of remaining balances of funds received by
the United States, and held by the United States Treasury,
for payment of awards rendered by the Foreign Claims
Settlement Commission pursuant to the November 27, 2013
referral; and
(C) the process by which the claims are to be adjudicated.
(g) Morocco.--
(1) Funds appropriated under title III of this Act shall be
made available for assistance for the Western Sahara:
Provided, That not later than 90 days after enactment of this
Act and prior to the obligation of such funds the Secretary
of State, in consultation with the Administrator of the
United States Agency for International Development, shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
(2) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are available for
assistance for Morocco may only be used for the purposes
requested in the Congressional Budget Justification, Foreign
Operations, Fiscal Year 2015.
(h) Syria.--
(1) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made
available notwithstanding any other provision of law for non-
lethal assistance for programs to address the needs of
civilians affected by conflict in Syria, and for programs
that seek to--
(A) establish governance in Syria that is representative,
inclusive, and accountable;
(B) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(C) develop and implement political processes that are
democratic, transparent, and adhere to the rule of law;
(D) further the legitimacy of the Syrian opposition through
cross-border programs;
(E) develop civil society and an independent media in
Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) counter extremist ideologies; and
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at regional academic institutions.
(2) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the
Secretary of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria: Provided, That the
Secretary of State shall promptly inform the appropriate
congressional committees of each significant instance in
which assistance provided pursuant to the authority of this
subsection has been compromised, to include the type and
amount of assistance affected, a description of the incident
and parties involved, and an explanation of the Department of
State's response.
(3) Funds appropriated by this Act that are made available
for assistance for Syria pursuant to the authority of this
subsection may only be made available after the Secretary of
State, in consultation with the heads of relevant United
States Government agencies, submits, in classified form if
necessary, an update to the comprehensive strategy required
in section 7041(i)(3) of Public Law 113-76.
(4) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees, and shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(i) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
paragraph (2)(A) resulting from the application of paragraph
(2)(A)(i)(I) if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interest of the United States, and submits a report to such
Committees detailing how the waiver and the continuation of
assistance would assist in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Committees on Appropriations that the Palestinians have
not, after the date of enactment of this Act, obtained in the
United Nations or any specialized agency thereof the same
standing as member states or full membership as a state
outside an agreement negotiated between Israel and the
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification and report pursuant to subparagraph
(B)(i), the President may waive section 1003 of Public Law
100-204 if the President determines and certifies in writing
to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under subparagraph (B)(i) of this paragraph or under
previous provisions of law must expire before the waiver
under the preceding sentence may be exercised.
[[Page H9221]]
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority as
payments for acts of terrorism by individuals who are
imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of
terrorism during the previous calendar year: Provided, That
the Secretary shall report to the Committees on
Appropriations on the amount reduced for fiscal year 2015
prior to the obligation of funds for the Palestinian
Authority.
(j) Yemen.--None of the funds appropriated by this Act for
assistance for Yemen may be made available for the Armed
Forces of Yemen if such forces are controlled by a foreign
terrorist organization, as designated pursuant to section 219
of the Immigration and Nationality Act.
africa
Sec. 7042. (a) Central African Republic.--Funds made
available by this Act for assistance for the Central African
Republic shall be made available for reconciliation and
peacebuilding programs, including activities to promote
inter-faith dialogue at the national and local levels, and
for programs to prevent crimes against humanity.
(b) Counterterrorism Programs.--
(1) Of the funds appropriated by this Act, not less than
$63,331,000 should be made available for the Trans-Sahara
Counterterrorism Partnership program, and not less than
$24,000,000 should be made available for the Partnership for
Regional East Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $10,000,000 shall be made
available for programs to counter extremism in East Africa,
in addition to such sums that may otherwise be made available
for such purposes.
(c) Crisis Response.--Notwithstanding any other provision
of law, up to $10,000,000 of the funds appropriated by this
Act under the heading ``Global Health Programs'' for HIV/AIDS
activities may be transferred to, and merged with, funds
appropriated under the headings ``Economic Support Fund'' and
``Transition Initiatives'' to respond to unanticipated crises
in Africa, except that funds shall not be transferred unless
the Secretary of State certifies to the Committees on
Appropriations that no individual currently on anti-
retroviral therapy supported by such funds shall be
negatively impacted by the transfer of such funds: Provided,
That the authority of this subsection shall be subject to
prior consultation with the Committees on Appropriations.
(d) Ethiopia.--
(1) Funds appropriated by this Act that are available for
assistance for Ethiopian military and police forces shall not
be made available until the Secretary of State--
(A) certifies and reports to the Committees on
Appropriations that the Government of Ethiopia is
implementing policies to--
(i) protect judicial independence; freedom of expression,
association, assembly, and religion; the right of political
opposition parties, civil society organizations, and
journalists to operate without harassment or interference;
and due process of law; and
(ii) permit access for human rights and humanitarian
organizations to the Somali region of Ethiopia; and
(B) submits a report to the Committees on Appropriations on
the types and amounts of United States training and equipment
proposed to be provided to the Ethiopian military and police,
including steps to ensure that such assistance is not
provided in contravention of section 620M of the Foreign
Assistance Act of 1961.
(2) The restriction in paragraph (1) shall not apply to
assistance made available under the heading ``International
Military Education and Training'' (IMET) in this Act,
assistance to Ethiopian military efforts in support of
international peacekeeping operations, countering regional
terrorism, and border security, and assistance for the
Ethiopian Defense Command and Staff College.
(3) Funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'' that
are available for assistance in the lower Omo and Gambella
regions of Ethiopia shall--
(A) not be used to support activities that directly or
indirectly involve forced evictions;
(B) support initiatives of local communities to improve
their livelihoods; and
(C) be subject to prior consultation with affected
populations.
(4) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against financing for any activities that
directly or indirectly involve forced evictions in Ethiopia.
(e) Expanded International Military Education and
Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' in this Act that are made
available for assistance for Angola, Cameroon, Chad, Cote
d'Ivoire, Guinea, and Zimbabwe may be made available only for
training related to international peacekeeping operations,
expanded IMET, and professional military education:
Provided, That the limitation included in this paragraph
shall not apply to courses that support training in maritime
security.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
should be made available for assistance for Equatorial
Guinea.
(f) Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas
affected by the Lord's Resistance Army (LRA) consistent with
the goals of the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act (Public Law 111-172), including
to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support
the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(g) Nigeria.--Funds appropriated by this Act that are made
available for assistance for Nigeria shall be made available
for assistance for women and girls who are targeted by the
terrorist organization Boko Haram, consistent with the
provisions of section 7059 of this Act, and in consultation
with the Government of Nigeria.
(h) Programs in Africa.--
(1) Of the funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Economic Support
Fund'', not less than $7,000,000 shall be made available for
the purposes of section 7042(g)(1) of division K of Public
Law 113-76.
(2) Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than
$8,000,000 shall be made available for the purposes of
section 7042(g)(2) of division K of Public Law 113-76.
(3) Funds made available under paragraphs (1) and (2) shall
be programmed in a manner that leverages a United States
Government-wide approach to addressing shared challenges and
mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in
countries in Africa seeking enhanced partnerships with the
United States in areas of trade, investment, development,
health, and security.
(i) Somalia.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for Somalia should be used to promote dialogue and
reconciliation between the central government and Somali
regions, and should be provided in an impartial manner that
is based on need and institutional capacity: Provided, That
such assistance should also be used to strengthen the rule of
law and government institutions, support civil society
organizations involved in peace building, and support other
development priorities including education and employment
opportunities.
(2) Funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for assistance for Somalia,
notwithstanding section 7042(h)(2) of division K of Public
Law 113-76, following consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(j) South Sudan.--
(1) Funds appropriated by this Act that are made available
for assistance for South Sudan should--
(A) be prioritized for programs that respond to
humanitarian needs and the delivery of basic services and to
mitigate conflict and promote stability, including to address
protection needs and prevent and respond to gender-based
violence;
(B) support programs that build resilience of communities
to address food insecurity, maintain educational
opportunities, and enhance local governance;
(C) be used to advance democracy, including support for
civil society, independent media, and other means to
strengthen the rule of law;
(D) support the transparent and sustainable management of
natural resources by assisting the Government of South Sudan
in conducting regular audits of financial accounts, including
revenues from oil and gas, and the timely public disclosure
of such audits; and
(E) support the professionalization of security forces,
including human rights and accountability to civilian
authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking steps to--
(A) provide access for humanitarian organizations;
(B) end the use of child soldiers;
(C) support a cessation of hostilities agreement;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas; and
(F) establish democratic institutions, including
accountable military and police forces under civilian
authority.
(3) The limitation of paragraph (2) shall not apply to--
(A) humanitarian assistance;
[[Page H9222]]
(B) assistance to directly support South Sudan peace
negotiations or to implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA) and mutual
arrangements related to the CPA.
(k) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues associated
with the CPA, or any other internationally recognized viable
peace agreement in Sudan.
(l) Trafficking in Conflict Minerals, Wildlife, and Other
Contraband.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda unless the Secretary of
State certifies to the Committees on Appropriations that the
Government of Rwanda is implementing a policy to cease
political, military and/or financial support to armed groups
in the Democratic of the Congo (DRC) that have violated human
rights or are involved in the illegal exportation of
minerals, wildlife, or other contraband.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out
of the DRC by such groups, to protect humanitarian relief
efforts, to support the training and deployment of members of
the Rwandan military in international peacekeeping
operations, or to conduct operations against the Lord's
Resistance Army.
(m) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule of
law has been restored, including respect for ownership and
title to property, and freedoms of expression, association,
and assembly.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health and education, unless the
Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for
macroeconomic growth assistance if the Secretary reports to
the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing Initiative.--
(1) Asia maritime security.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' shall be made
available for activities to strengthen maritime security in
the Asia region: Provided, That prior to obligating such
funds, the Secretary of State shall consult with the
appropriate congressional committees on the uses of such
funds on a country-by-country basis and on the specific
regional strategic objectives supported by such funds:
Provided further, That such funds may only be made available
for programs for naval forces, coast guards, or other
governmental maritime entities and nongovernmental
organizations, as appropriate, directly engaged in maritime
security issues, and shall be coordinated with other United
States Government activities that seek to strengthen maritime
security in such region.
(B) Funds appropriated by this Act under the heading
``International Military Education and Training'' shall be
made available for activities to promote the professionalism
and capabilities of naval forces, coast guard, or other
governmental maritime entities directly engaged in maritime
security issues in the Asia region, including to counter
piracy and facilitate cooperation on disaster relief efforts.
(C) In addition to the consultation requirement in
paragraph (1)(A), not later than 90 days after enactment of
this Act, the Secretary of State, in coordination with the
heads of other relevant United States Government agencies,
shall submit to the appropriate congressional committees a
multi-year strategy to increase cooperation on maritime
security issues with countries in the Asia region, including
a description of specific regional strategic objectives
served by such funds: Provided, That such strategy shall
include clear goals and objectives, and cost estimates for
implementation on an annual, country-by-country and regional
basis.
(D) None of the funds appropriated by this Act may be made
available for equipment or training for the armed forces of
the People's Republic of China.
(E) Funds appropriated under titles III and IV of this Act
may be made available by the Secretary of State for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
Against Ships in Asia.
(2) Regional alliances and partnerships.--Funds
appropriated under title III of this Act that are made
available for programs to strengthen regional alliances and
partnerships among governments in the Asia region should be
matched to the maximum extent practicable and as appropriate
from sources other than the United States Government:
Provided, That prior to the obligation of funds for such
programs, the Secretary of State shall certify to the
appropriate congressional committees that such regional
alliance or partnership is in the national security interest
of the United States, and that the program or programs
supporting such alliance serve specific strategic objectives,
including a description of such objectives and an explanation
of how such programs are coordinated with other United States
Government programs to rebalance policy toward Asia.
(3) Economic growth and trade.--
(A) Funds appropriated under title III of this Act that are
made available for bilateral economic growth programs in the
Asia region shall also be made available to increase United
States trade in such region, and for assistance for capacity
building activities relating to free trade agreements.
(B) Funds appropriated under title VI of this Act shall be
made available to increase United States trade in the Asia
region above amounts made available for such purposes in
prior fiscal years.
(4) Operations and assistance calculations.--Not later than
90 days after enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing the funds provided for the Asia
Rebalancing Initiative for operations and assistance for each
fiscal year beginning in fiscal year 2011: Provided, That
such report shall include total amounts made available for
such Initiative for each fiscal year, and shall specify the
increased amounts for operations and assistance for the Asia
region to support such Initiative.
(5) Public diplomacy.--
(A) Funds appropriated by this Act under the headings
``Educational and Cultural Exchange Programs'' and ``Economic
Support Fund'' shall be made available for exchange programs
for the Asia region, including for the Young Southeast Asian
Leaders Initiative, which should be matched to the maximum
extent practicable and as appropriate from sources other than
the United States Government: Provided, That such Initiative
shall include the participation of representatives of
democratic political parties and human rights organizations.
(B) Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the heads of
other relevant United States Government agencies, shall
submit to the appropriate congressional committees a report
detailing a clear and comprehensive narrative on United
States foreign policy for the Asia region, including a
description of steps taken to disseminate such narrative
among such agencies.
(C) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available for the Asia region shall be made available to
support the narrative required in subparagraph (B), as
appropriate: Provided, That not later than 90 days after
enactment of this Act, the Broadcasting Board of Governors
shall submit a report to the Committees on Appropriations
detailing the programs that are attributable to the Asia
Rebalancing Initiative, including the costs of such programs.
(6) Democracy and human rights.--
(A) Funds appropriated by title III of this Act for the
Asia Rebalancing Initiative shall be made available to
promote and protect democracy and human rights in the Asia
region, including for political parties, civil society, and
organizations and individuals seeking to advance
transparency, accountability, and the rule of law: Provided,
That such funds shall also be made available, through an open
and competitive process, to nongovernmental networks and
alliances that seek to promote democracy, human rights, and
the rule of law in the Asia region: Provided further, That
to the maximum extent practicable, such funds should be made
available on a grant or cooperative agreement basis.
(B) Funds appropriated by this Act under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Migration and Refugee
Assistance'' shall be made available for programs to promote
and preserve Tibetan culture and the resilience of Tibetan
communities in India and Nepal, and to assist in the
education and development of the next generation of Tibetan
leaders from such communities: Provided, That such funds are
in addition to amounts made available for programs
[[Page H9223]]
inside Tibet in subsection (g)(2) of this section.
(7) Conflict resolution.--Funds appropriated under titles
III and IV of this Act shall be made available to address and
mitigate conflict in the Asia region arising from ethnic,
religious, and territorial disputes.
(8) Definition.--For purposes of this subsection, the Asia
region means countries and territories in Oceania, Southeast
Asia, and South Asia, and the Indian and Pacific Oceans
bordering those countries and territories.
(b) Burma.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available for
assistance for Burma notwithstanding any other provision of
law: Provided, That no such funds shall be made available to
any successor or affiliated organization of the State Peace
and Development Council (SPDC) controlled by former SPDC
members that promotes the repressive policies of the SPDC, or
to any individual or organization credibly alleged to have
committed gross violations of human rights, including against
Rohingyas and other minority groups: Provided further, That
such funds may be made available for programs administered by
the Office of Transition Initiatives, USAID, for ethnic
groups and civil society in Burma to help sustain ceasefire
agreements and further prospects for reconciliation and
peace, which may include support to representatives of ethnic
armed groups for this purpose.
(2) Funds appropriated under title III of this Act for
assistance for Burma--
(A) may not be made available for budget support for the
Government of Burma;
(B) shall be provided to strengthen civil society
organizations in Burma, including as core support for such
organizations;
(C) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'';
(D) shall be made available for parliamentary strengthening
programs; and
(E) shall be made available for ethnic and religious
reconciliation programs, including in ceasefire areas, as
appropriate, and to address the Rohingya and Kachin crises.
(3) None of the funds appropriated by this Act under the
headings ``International Military Education and Training''
and ``Foreign Military Financing Program'' may be made
available for assistance for Burma: Provided, That the
Department of State may continue consultations with the armed
forces of Burma only on human rights and disaster response in
a manner consistent with the prior fiscal year, and following
consultation with the appropriate congressional committees.
(4) Funds made available by this Act for assistance for
Burma shall be made available for the implementation of the
democracy and human rights strategy required by section
7043(b)(3)(A) of division K of Public Law 113-76: Provided,
That the United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor, Department of State
(DRL), shall be responsible for democracy and human rights
programs in Burma: Provided further, That not less than 90
days after enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing steps taken by the United States and
other international donors to protect human rights and
address conflict in Rakhine State.
(5) Funds appropriated by this Act shall only be made
available for assistance for the central Government of Burma
if the Secretary of State certifies and reports to the
appropriate congressional committees that such government has
implemented reforms, in consultation with Burma's political
opposition and ethnic groups, providing for free and fair
presidential and parliamentary elections, to include
participation of citizens as voters and candidates:
Provided, That the Secretary of State may waive the
requirements of this paragraph if the Secretary certifies and
reports to the Committees on Appropriations that to do so is
important to the democratic development of Burma, including a
detailed justification for such waiver.
(6) Any new program or activity in Burma initiated in
fiscal year 2015 shall be subject to prior consultation with
the appropriate congressional committees.
(7) Notwithstanding any provision of law, the position
established by section 7 of Public Law 110-286 shall remain
vacant following the expiration of the current term.
(8)(A) Section 3(3) of Public Law 112-192 (October 5, 2012)
is amended by inserting after ``Public Law 112-74'' the
phrase ``and shall also include the Multilateral Investment
Guarantee Agency''.
(B) The amendment made in subparagraph (A) shall only take
effect if the Secretary of State certifies and reports to the
Committees on Appropriations by September 30, 2015 that the
Government of Burma has implemented reforms, in consultation
with Burma's political opposition and ethnic groups,
providing for free and fair presidential and parliamentary
elections.
(c) Cambodia.--
(1) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for democracy
and human rights programs: Provided, That such funds shall
not include the costs associated with a United States
contribution to a Khmer Rouge tribunal: Provided further,
That decisions regarding the uses of such funds shall be the
responsibility of the United States Chief of Mission in
Cambodia, in consultation with the Assistant Secretary for
DRL, and should include programs that seek to--
(A) strengthen Cambodian civil society;
(B) promote transparent and accountable parliamentary and
electoral processes;
(C) provide access to justice for political prisoners and
individuals whose land has been confiscated through extra-
legal means;
(D) protect the rights, livelihood and traditions of
minority groups in Cambodia;
(E) support research and documentation on the Khmer Rouge
genocide, including in a regional context; and
(F) support efforts to educate the people of Cambodia on
such genocide.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Development Assistance'' shall be made available for basic
education programs in Cambodia.
(3) Funds appropriated by this Act may not be made
available for a United States contribution to a Khmer Rouge
tribunal until the Secretary of State reports to the
appropriate congressional committees on whether--
(A) international donors, in cooperation with the
Government of Cambodia, have determined an estimate of costs
and a timeline associated with the winding down of such
tribunal;
(B) the workings of the tribunal are free of interference
by the Government of Cambodia; and
(C) the Government of Cambodia is making financial
contributions to such tribunal in a manner consistent with
its pledges.
(4) The Secretary of State shall consult with international
donors to the Khmer Rouge tribunal on a plan to reimburse the
Documentation Center of Cambodia for costs incurred in
support of the work of such tribunal: Provided, That not
later than 90 days after enactment of this Act, the Secretary
of State shall submit to the appropriate congressional
committees a report detailing the steps taken to develop such
plan.
(d) North Korea.--
(1) Funds made available under the heading ``International
Broadcasting Operations'' in title I of this Act shall be
made available to maintain broadcasts into North Korea.
(2) Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available
for assistance for refugees from North Korea, including for
protection activities in the People's Republic of China.
(3) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the government of North Korea.
(e) People's Republic of China.--
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees
on Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's Liberation
Army (PLA) of the People's Republic of China, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Funds appropriated by this Act for public diplomacy
under title I and for assistance under titles III and IV
shall be made available to counter the influence of the
People's Republic of China, in accordance with the strategy
required by section 7043(e)(3) of division K of Public Law
113-76, following consultation with the Committees on
Appropriations.
(f) Philippines.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
available for assistance for the Philippine army should only
be made available in accordance with the conditions under
this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(g) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support financing of projects in Tibet if such
projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources
to non-Tibetans, are based on a thorough needs-assessment,
foster self-sufficiency of the Tibetan people and respect
Tibetan culture and traditions, and are subject to effective
monitoring.
[[Page H9224]]
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China.
(h) Vietnam.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes, and funds
appropriated under the heading ``Development Assistance''
shall be made available for health/disability activities in
areas sprayed with Agent Orange or otherwise contaminated
with dioxin.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Operations and reports.--
(A) Funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'', ``Embassy Security,
Construction, and Maintenance'', and ``Operating Expenses''
that are available for the construction and renovation of
United States Government facilities in Afghanistan may not be
made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or assets
above those notified by the Department of State and the
United States Agency for International Development (USAID) to
the Committees on Appropriations, or contractors in addition
to those in place on the date of enactment of this Act:
Provided, That the limitations in this paragraph shall not
apply if funds are necessary to protect such facilities or
the security, health, and welfare of United States personnel.
(B) Of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and ``Operating
Expenses'' that are made available for operations in
Afghanistan, 15 percent shall be withheld from obligation
until the Secretary of State, in consultation with the
Secretary of Defense and the USAID Administrator, submits to
the Committees on Appropriations, in classified form if
necessary, an update of the report required by section
7044(a)(1)(B) of division K of Public Law 113-76.
(2) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for
Afghanistan--
(A) may not be used to support any program, project, or
activity that--
(i) does not have regular oversight by the Department of
State or USAID, as appropriate, to include site visits;
(ii) involves any individual or organization that the
Secretary of State determines to be involved in corrupt
practices; or
(iii) initiates new major infrastructure;
(B) shall only be made available for programs that the
Government of Afghanistan or other Afghan entity is capable
of sustaining, as appropriate and as determined by the United
States Chief of Mission;
(C) shall be prioritized for programs that promote women's
economic and political empowerment, strengthen and protect
the rights of women and girls, and to implement the United
States Embassy Kabul Gender Strategy; and
(D) shall be implemented in accordance with all applicable
audit policies of the Department of State and USAID.
(3) Notification and certification requirement.--Funds
appropriated by this Act under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' for assistance for the central Government of
Afghanistan shall be subject to the regular notification
procedures of the Committees on Appropriations, and may not
be obligated unless the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Afghanistan is--
(A) implementing laws or policies to govern democratically
and protect the rights of individuals and civil society;
(B) implementing the Bilateral Security Agreement with the
United States;
(C) taking consistent steps to protect and advance the
rights of women and girls in Afghanistan;
(D) implementing the necessary policies and procedures to
comply with section 7013 of this Act; and
(E) reducing corruption and recovering stolen assets.
(4) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (3) if the Secretary of State
determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations, in
classified form if necessary, on the justification for the
waiver and the reasons why any part of the certification
requirement of paragraph (3) has not been met.
(5) Rule of law programs.--Of the funds appropriated by
this Act that are available for assistance for Afghanistan,
not less than $50,000,000 shall be made available for rule of
law programs: Provided, That decisions regarding the uses of
such funds shall be the responsibility of the Coordinating
Director, in consultation with other appropriate United
States Government officials in Afghanistan, and such Director
shall be consulted on the uses of all funds appropriated by
this Act for rule of law programs in Afghanistan.
(6) Funding reduction.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available
for assistance for the Government of Afghanistan shall be
reduced by $5 for every $1 that the Government of Afghanistan
imposes in taxes, duties, penalties, or other fees on the
transport of property of the United States Government
(including the United States Armed Forces), entering or
leaving Afghanistan.
(7) Endowment to empower women and girls.--Funds
appropriated under the heading ``Economic Support Fund'' in
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available for an endowment to empower women and
girls in Afghanistan, following consultation with the
appropriate congressional committees.
(8) Authorities.--
(A) Funds appropriated under titles III through VI of this
Act that are made available for assistance for Afghanistan
may be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961; and
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan in accordance with section 7046(a)(2)(B)(ii)
of Public Law 112-74.
(B) Section 7046(a)(2)(A) of division I of Public Law 112-
74 shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(9) Afghanistan regional transition.--Funds made available
by this Act for assistance for Afghanistan may be made
available for programs in Central and South Asia relating to
a transition in Afghanistan, including expanding Afghanistan
linkages within the region: Provided, That such funds shall
be the responsibility of the Assistant Secretary for the
Bureau of South and Central Asian Affairs, Department of
State, and the coordinator designated pursuant to section 601
of the Support for Eastern European Democracy (SEED) Act of
1989 (Public Law 101-179) and section 102 of the FREEDOM
Support Act (Public Law 102-511): Provided further, That
such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(10) Base rights.--None of the funds made available by this
Act may be used by the United States Government to enter into
a permanent basing rights agreement between the United States
and Afghanistan.
(b) Bangladesh.--Funds appropriated by this Act under the
heading ``Development Assistance'' that are made available
for assistance for Bangladesh shall be made available for
programs to improve labor conditions by strengthening the
capacity of independent workers' organizations in
Bangladesh's readymade garment, shrimp, and fish export
sectors.
(c) Nepal.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Nepal only if the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal
army is cooperating fully with civilian judicial authorities,
including providing investigators access to witnesses,
documents, and other information.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction
activities in Nepal, or for training to participate in
international peacekeeping missions.
(d) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under
the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan may be made available unless the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Pakistan is--
(A) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(B) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(C) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
[[Page H9225]]
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary of State
determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations, in
classified form if necessary, on the justification for the
waiver and the reasons why any part of the certification
requirement of paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan, and are subject to section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are available
for assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture IEDs, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use
among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6) of the
Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III and IV
for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection.
(E) Of the funds appropriated under titles III and IV of
this Act that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(4) Scholarships for women.--
(A) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for Pakistan shall be made available to increase
the number of scholarships for women under the Merit and
Needs-Based Scholarship Program during fiscal year 2015.
(B) The additional scholarships available pursuant to this
subsection shall be awarded in accordance with other
scholarship eligibility criteria already established by
USAID.
(C) Additional scholarships funded pursuant to this
subsection shall be awarded for a range of disciplines to
improve the employability of graduates and to meet the needs
of scholarship recipients.
(D) Not less than 50 percent of the scholarships available
under such Program should be awarded to Pakistani women.
(5) Reports.--
(A)(i) The spend plan required by section 7076 of this Act
for assistance for Pakistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and
expected results regarding combating poverty and furthering
development in Pakistan, countering extremism, and
establishing conditions conducive to the rule of law and
transparent and accountable governance: Provided, That such
benchmarks may incorporate those required in title III of
Public Law 111-73, as appropriate: Provided further, That
not later than 6 months after submission of such spend plan,
and each 6 months thereafter until September 30, 2016, the
Secretary of State shall submit a report to the Committees on
Appropriations on the status of achieving the goals and
benchmarks in such plan.
(ii) The Secretary of State should suspend assistance for
the Government of Pakistan if any report required by
paragraph (A)(i) indicates that Pakistan is failing to make
measurable progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated
with significant infrastructure projects supported by the
United States in Pakistan, and an assessment of the extent to
which such projects achieve such objectives.
(e) Sri Lanka.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Sri Lanka
is meeting the conditions under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining, disaster relief, and aerial and
maritime surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment of Tamils into the Sri Lankan military in an
inclusive and transparent manner, Tamil language training for
Sinhalese military personnel, and human rights training for
all military personnel.
(4) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
available for assistance for Sri Lanka, may be made available
only for training related to international peacekeeping
operations and expanded IMET: Provided, That the limitation
in this paragraph shall not apply to maritime security.
(5) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human
needs, unless the Secretary of State makes the certification
to the Committees on Appropriations required in paragraph
(1).
(f) Regional Programs.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan and
Pakistan may be provided, notwithstanding any other provision
of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' that
are available for assistance for countries in South and
Central Asia should be made available to enhance the
recruitment, retention, and professionalism of women in
police and other security forces.
western hemisphere
Sec. 7045. (a) Central American Migration Prevention and
Response.--
(1) Strategy.--Not later than 90 days after enactment of
this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development (USAID), and after consultation with the heads of
other relevant Federal agencies and the Committees on
Appropriations, shall submit to such Committees a strategy to
address the key factors in the countries in Central America
contributing to the migration of unaccompanied, undocumented
minors to the United States: Provided, That such strategy
shall include a clear mission statement, achievable goals and
objectives, benchmarks, timelines, and a spend plan:
Provided further, That funds appropriated under titles III
and IV of this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs shall be made available to implement such strategy,
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Border security.--The strategy required by paragraph
(1) shall address the need for greater border security for
the countries in Central America and for Mexico, particularly
the southern border of Mexico: Provided, That funds shall be
made available by this Act to assist such countries to
improve border security.
(3) Economic and social development.--The strategy required
by paragraph (1) shall include economic and social
development programs, with a focus on communities that are
major contributors of unaccompanied migrants and where there
is significant gang activity.
(4) Judicial and law enforcement reform.--The strategy
required by paragraph (1) shall include judicial and police
reform and capacity building programs, with a focus on
strengthening judicial independence and community policing.
(5) Trafficking in persons.--The strategy required by
paragraph (1) shall include activities to combat human
trafficking in Central America, including through the use of
forensic technology: Provided, That funds in this Act shall
be made available to support a multi-faceted approach to
combat human trafficking in Guatemala.
(6) Repatriation and reintegration.--The strategy required
by paragraph (1) shall address the need for the safe
repatriation and reintegration of minors into families or
family-like settings: Provided, That funds shall be made
available to support repatriation facilities for the
processing of undocumented migrants returning from the United
States.
(7) Not later than 60 days after submission of the strategy
required by paragraph (1), and every 120 days thereafter
until September 30, 2016, the Secretary of State, in
consultation with the USAID Administrator, shall submit a
report to the Committees on Appropriations on progress toward
achieving the goals and objectives contained in such strategy
and an updated spend plan, as appropriate: Provided, That
such report shall specify the amount of funds obligated and
expended pursuant to this section by country and the steps
taken by the government of each country to--
(A) improve border security;
(B) enforce laws and policies to reduce the flow of illegal
migrants to the United States, including to increase
penalties for human smuggling;
(C) conduct public outreach campaigns to explain the
dangers of the journey to the
[[Page H9226]]
southwest border of the United States, and to inform
potential migrants of relevant United States immigration
laws; and
(D) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the southwest
border of the United States.
(8) Suspension of assistance.--The Secretary of State shall
suspend further obligation of funds provided pursuant to this
subsection for assistance for the government of a country if
the Secretary determines and reports to the appropriate
congressional committees that such government is not taking
the steps specified in subparagraphs (A) through (D) of
paragraph (7).
(b) Colombia.--
(1) Funds appropriated by this Act and made available to
the Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups, and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations: Provided, That the first through fifth
provisos of paragraph (1), and paragraph (3) of section
7045(a) of division I of Public Law 112-74 shall continue in
effect during fiscal year 2015 and shall apply to funds
appropriated by this Act and made available for assistance
for Colombia as if included in this Act: Provided further,
That 10 percent of the funds appropriated by this Act for the
Colombian national police for aerial drug eradication
programs may not be used for the aerial spraying of chemical
herbicides unless the Secretary of State certifies to the
Committees on Appropriations that the herbicides do not pose
unreasonable risks or adverse effects to humans, including
pregnant women and children, or the environment, including
endemic species: Provided further, That any complaints of
harm to health or licit crops caused by such aerial spraying
shall be thoroughly investigated and evaluated, and fair
compensation paid in a timely manner for meritorious claims:
Provided further, That of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$133,000,000 shall be apportioned directly to USAID for
alternative development/institution building, local
governance programs, and support for victims of the violence
in Colombia.
(2) Limitation.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
are available for assistance for Colombia, 25 percent may be
obligated only in accordance with the conditions under
section 7045 in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(c) Cuba.--Funds appropriated by this Act under the heading
``Economic Support Fund'' should be made available for
programs in Cuba.
(d) Guatemala.--Funds appropriated by this Act may be made
available for assistance for the Guatemalan army only in
accordance with the conditions under section 7045 in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) Haiti.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Haiti
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Haiti--
(A) is taking steps to hold free and fair parliamentary
elections and to seat a new Haitian Parliament;
(B) is selecting judges in a transparent manner and
respecting the independence of the judiciary;
(C) is combating corruption, including implementing the
anti-corruption law by prosecuting corrupt officials; and
(D) is improving governance and implementing financial
transparency and accountability requirements for government
institutions.
(2) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(f) Honduras.--
(1) Of the funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for the Honduran army and
police, 25 percent may be obligated only in accordance with
the conditions under section 7045 in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
and maritime security, respect for the rule of law within the
army and police, and to combat human trafficking.
(g) Mexico.--
(1) Prior to the obligation of 15 percent of the funds
appropriated by this Act under the headings ``International
Narcotics Control and Law Enforcement'' and ``Foreign
Military Financing Program'' that are available for
assistance for the Mexican army and police, the Secretary of
State shall report in writing to the Committees on
Appropriations that the Government of Mexico is meeting the
conditions under section 7045 in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, border
and maritime security, and respect for the rule of law within
the army and police.
(3) Not later than 45 days after the enactment of this Act,
the Secretary of State, in consultation with the Commissioner
for the United States Section of the International Boundary
and Water Commission (IBWC), shall report to the Committees
on Appropriations on the efforts to work with the Mexico
Section of the IBWC and the Government of Mexico to establish
mechanisms to improve the transparency of data on, and
predictability of, the water deliveries from Mexico to the
United States to meet annual water apportionments to the Rio
Grande, in accordance with the 1944 Treaty between the United
States and Mexico Respecting Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, and on
actions taken to minimize or eliminate the water deficits
owed to the United States in the current 5-year cycle by the
end of such cycle: Provided, That such report shall include
a projection of the balance of the water delivery deficit at
the end of the current 5-year cycle, as well as the estimated
impact to the United States of a negative delivery balance.
(h) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be
borne by the recipient country.
(i) Trade Capacity.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' should be made available for labor and
environmental capacity building activities relating to free
trade agreements with countries of Central America, Colombia,
Peru, and the Dominican Republic.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used
to pay in whole or in part any assessments, arrearages, or
dues of any member of the United Nations or, from funds
appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this section shall be
in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available
pursuant to this section shall be made available subject to
the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--Of the
funds appropriated under title I and under the heading
``International Organizations and Programs'' in title V of
this Act that are available for contributions to the United
Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization
of American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of
State reports to the Committees on Appropriations that the
organization, department, or agency is--
(1) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
and
(2) effectively implementing and enforcing policies and
procedures which reflect best practices as defined in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) for the
protection of whistleblowers from retaliation, including best
practices for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such agency, body, or commission is
chaired or presided over by
[[Page H9227]]
a country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
App. 2405(j)(1)), supports international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution
to any organization, agency, commission, or program within
the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of
1979, or any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of
the United States.
(c) United Nations Human Rights Council.--Funds
appropriated by this Act may be made available to support the
United Nations Human Rights Council only if the Secretary of
State reports to the Committees on Appropriations that
participation in the Council is in the national interest of
the United States: Provided, That the Secretary of State
shall report to the Committees on Appropriations not later
than September 30, 2015, on the resolutions considered in the
United Nations Human Rights Council during the previous 12
months, and on steps taken to remove Israel as a permanent
agenda item.
(d) United Nations Relief and Works Agency.--The Secretary
of State shall submit a report in writing to the Committees
on Appropriations not less than 45 days after enactment of
this Act on whether the United Nations Relief and Works
Agency is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) United Nations Capital Master Plan.--None of the funds
made available in this Act may be used for the design,
renovation, or construction of the United Nations
Headquarters in New York.
(f) Waiver.--The restrictions imposed by or pursuant to
subsection (a) may be waived on a case-by-case basis by the
Secretary of State if the Secretary determines and reports to
the Committees on Appropriations that such waiver is
necessary to avert or respond to a humanitarian crisis.
(g) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2015
for contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary of
State shall update such report each time additional funds are
withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds
identified in such report, including updates thereof, shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter
1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance
to foster civilian police roles that support democratic
governance, including assistance for programs to prevent
conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of
the Committees on Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days
in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
attended by representatives of the United States Government
and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used
for any other program and in any region, including for the
transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That
the responsibility for policy decisions and justification for
the use of such transfer authority shall be the
responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available
in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs
shall be coordinated under the authority of the appropriate
Chief of Mission: Provided, That such aircraft may be used
to transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State for the use of aircraft owned, leased, or chartered by
the Department of State may be credited to the Department's
Working Capital Fund and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of
division F of Public Law 111-117 shall apply to this Act:
Provided, That the date ``September 30, 2009'' in subsection
(f)(2)(B) shall be deemed to be ``September 30, 2014''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across
[[Page H9228]]
the range of intended operational environments, and the
agreement applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used
against clearly defined military targets and will not be used
where civilians are known to be present or in areas normally
inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500
shall be for official residence expenses of the United States
Agency for International Development during the current
fiscal year.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used by the United States Agency for
International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308
and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2016.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate: Provided,
That funds made available to carry out this section may be
transferred to, and merged with, funds appropriated by this
Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980, may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961 may be used, in addition to funds
otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry
out programs in response to natural disasters, or man-made
disasters subject to the regular notification procedures of
the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480),
may be used by USAID to employ up to 40 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more
than 15 of such contractors shall be assigned to any bureau
or office: Provided further, That such funds appropriated to
carry out title II of the Food for Peace Act (Public Law 83-
480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of division F of Public Law 111-117 may be
assigned to or support programs in Afghanistan or Pakistan
with funds made available in this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(j) Local Sustainable Development.--Not later than 180 days
after enactment of this Act and after consultation with the
appropriate congressional committees, the USAID Administrator
shall submit to such committees a plan, including a timeline
and resources required by fiscal year, to incorporate the
following components into USAID Foreign Service training,
assignment, and promotion practices in order to enable all
Foreign Service Officers to effectively apply local
sustainable development principles to USAID assistance
programs:
(1) a time period for overseas assignments that facilitates
sustainable development, and which includes the option of
extending such assignments;
(2) sufficient foreign language training;
(3) expertise in one or more program areas;
(4) work objectives that give Foreign Service Officers
primary responsibility for developing relationships with, and
building the capacity of, local nongovernmental and
governmental entities, and supporting grants to and
cooperative agreements with such entities to design and
implement small-scale, sustainable programs, projects, and
activities across all development sectors;
(5) incentives, including training, compensation, and
career development opportunities including promotions, to
encourage such officers to carry out their responsibilities;
and
(6) procedures to ensure that the responsibilities and
assignments of relevant locally employed staff are fully
integrated with the work of such officers.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--
(1) Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), 10 percent
should be withheld from obligation until the Secretary of
State determines and reports to the Committees on
Appropriations that--
(A) the Global Fund is maintaining and implementing a
policy of transparency, including the authority of the Global
Fund Office of the Inspector General (OIG) to publish OIG
reports on a public Web site;
(B) the Global Fund is providing sufficient resources to
maintain an independent OIG that--
(i) reports directly to the Board of the Global Fund;
(ii) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(iii) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(C) the Global Fund maintains an effective whistleblower
policy to protect whistleblowers from retaliation, including
confidential procedures for reporting possible misconduct or
irregularities; and
(D) the Global Fund is implementing the recommendations
contained in the Consolidated Transformation Plan approved by
the Board of the Global Fund on November 21, 2011.
(2) The withholding required by this subsection shall not
be in addition to funds that are withheld from the Global
Fund in fiscal year 2015 pursuant to the application of any
other provision contained in this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--If the
Secretary of State determines and reports to the Committees
on Appropriations that an international infectious disease
outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest to
respond to a Public Health Emergency of International
Concern, funds made available under title III of this Act may
be made available to combat such infectious disease or public
health emergency: Provided, That funds made available
pursuant to the authority of this subsection shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for
women's political status, expanding women's participation in
political parties and elections, and
[[Page H9229]]
increasing women's opportunities for leadership positions in
the public and private sectors at the local, provincial, and
national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
sector allocations
Sec. 7060. (a) Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 should be made available for
assistance for basic education, and such funds may be made
available notwithstanding any provision of
law that restricts assistance to foreign countries, except
for the conditions provided in this subsection: Provided,
That not later than 60 days after enactment of this Act, the
Administrator of the United States Agency for International
Development (USAID) shall report to the Committees on
Appropriations on the status of cumulative unobligated
balances and obligated, but unexpended, balances in each
country where USAID provides basic education assistance and
such report shall also include details on the types of
contracts and grants provided and the goals and objectives of
such assistance: Provided further, That the Administrator
shall update such report on a monthly basis thereafter until
the unobligated and unexpended balances for such assistance
are less than the amount made available by this paragraph for
basic education assistance: Provided further, That the
initial report shall also include a detailed plan, timeline,
and the current status of assistance for basic education.
(B) USAID shall ensure that programs supported with funds
appropriated for basic education in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs are integrated, as
appropriate, with health, agriculture, governance, and
economic and social development activities to address the
broader needs of target populations: Provided, That USAID
shall work to achieve quality universal basic education by--
(i) assisting foreign governments, nongovernmental, and
multilateral organizations working in developing countries to
provide children with a quality basic education, including
through strengthening host country educational systems; and
(ii) promoting basic education as the foundation for
comprehensive community development programs.
(C) Of the funds appropriated by this Act under title III
for basic education, not less than $45,000,000 shall be made
available for a contribution to multilateral partnerships
that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education, of which not
less than $35,000,000 shall be to support such programs in
Africa, including $17,500,000 for human and institutional
capacity development partnerships between higher education
institutions in Africa and the United States.
(3) Definition.--For purposes of funds appropriated under
title III of this Act, the term ``democracy programs'' in
section 7032(c) of this Act shall also include programs to
rescue scholars, and fellowships, scholarships, and exchanges
in the Middle East and North Africa for academic
professionals and university students from countries in such
region, subject to the regular notification procedures of the
Committees on Appropriations.
(b) Countering Violent Extremism.--Funds appropriated by
titles I, III, and IV of this Act may be made available for
programs to reduce support for foreign terrorist
organizations (FTOs), as designated pursuant to section 219
of the Immigration and Nationality Act, through messaging
campaigns to damage their appeal; programs for potential
supporters of violent extremism; counter radicalization and
rehabilitation programs in prisons; job training and social
reintegration for former supporters of FTOs; law enforcement
training programs; and capacity building for civil society
organizations to combat radicalization in local communities:
Provided, That for purposes of this subsection the term
``countering violent extremism'' shall be defined as non-
coercive interventions aimed directly at reducing public
support for FTOs: Provided further, That not later than 180
days after enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant United States
Government agencies, shall submit to the appropriate
congressional committees a multi-year strategy to counter
violent extremism, including a description of the objectives
of such strategy, oversight mechanisms for programs to carry
out such strategy, and multi-year cost estimates.
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,153,500,000 should be made available for
environment programs.
(2) Clean energy.--The limitation in section 7081(b) of
division F of Public Law 111-117 shall continue in effect
during fiscal year 2015 as if part of this Act: Provided,
That the proviso contained in such section shall not apply.
(3) Adaptation and mitigation.--Funds appropriated by this
Act may be made available for United States contributions to
multilateral environmental funds and facilities to support
adaptation and mitigation programs only in accordance with
the directives under this subsection in the joint explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(4) Sustainable landscapes and biodiversity.--Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for sustainable
landscapes programs and, in addition, not less than
$250,000,000 shall be made available to protect biodiversity,
and shall not be used to support or promote the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forest as of December 30, 2013: Provided, That of
the funds made available for the Central African Regional
Program for the Environment and other tropical forest
programs in the Congo Basin, not less than $17,500,000 shall
be apportioned directly to the United States Fish and
Wildlife Service (USFWS): Provided further, That funds made
available for the Department of the Interior (DOI) for
programs in the Mayan Biosphere Reserve shall be apportioned
directly to the DOI: Provided further, That such funds shall
be made available to support other international conservation
programs of the USFWS, programs of the United States Forest
Service, and programs to protect great apes and other
endangered species.
(5) Wildlife poaching and trafficking.--
(A) Not less than $55,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking, including not less than $10,000,000 for programs
to combat rhinoceros poaching.
(B) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the Committees on Appropriations that to
do so is in the national security interest of the United
States.
(6) Authority.--Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law except for the
provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations,
to support environment programs.
(7) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be made available
to promote and support transparency and accountability of
expenditures and revenues related to the extraction of
natural resources, including by strengthening implementation
and monitoring of the Extractive Industries Transparency
Initiative, implementing and enforcing section 8204 of Public
Law 110-246 and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(B)(i) The Secretary of the Treasury shall inform the
management of the international financial institutions and
post on the Department of the Treasury's Web site that it is
the policy of the United States to vote against any
assistance by such institutions (including but not limited to
any loan, credit, grant, or guarantee) for the extraction and
export of a natural resource if the government of the country
has in place laws, regulations, or procedures to prevent or
limit the public disclosure of company payments as required
by section 1504 of Public Law 111-203, and unless such
government has adopted laws, regulations, or procedures in
the sector in which assistance is being considered for--
(I) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
[[Page H9230]]
(II) the independent auditing of accounts receiving such
payments and public disclosure of the findings of such
audits; and
(III) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(ii) The requirements of clause (i) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(C) The Secretary of the Treasury or the Secretary of
State, as appropriate, shall instruct the United States
executive director of each international financial
institution and the United States representatives to all
forest-related multilateral financing mechanisms and
processes to vote against any financing to support or promote
the expansion of industrial scale logging or any other
industrial scale extractive activity into areas that were
primary/intact tropical forest as of December 30, 2013.
(D) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution that it is the policy of the United States to
vote in relation to any loan, grant, strategy, or policy of
such institution to support the construction of any large
dam, only in accordance with the conditions under this
section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
(E)(i) Not later than 120 days after enactment of this Act,
the USAID Administrator shall designate sufficient personnel
with the technical expertise to fulfill the agency's
responsibilities under sections 1302, 1303, and 1307 of title
XIII of the International Financial Institutions Act of 1977,
as amended, including the ability for personnel with such
expertise from other relevant United States Government
agencies to be detailed to USAID, as needed, which may be on
a non-reimbursable basis, to provide additional technical
support and specific subject matter reviews as part of
USAID's Title XIII analytical, investigative, and reporting
responsibilities: Provided, That the responsibilities of
such personnel shall include, but not be limited to--
(I) conducting independent, technical, and thorough reviews
of proposed multilateral development bank (MDB) projects at
the technical assessment/feasibility stage prior to the
drafting of environmental impact assessments;
(II) conducting reviews, and coordinating and compiling the
analyses by other relevant United States Government agencies
with technical expertise of environmental impact assessments
in support of the project review process, to assist in
fulfilling USAID's responsibilities under section 1303(c) of
the International Financial Institutions Act, as amended; and
(III) ongoing monitoring of MDB projects reviewed pursuant
to USAID's Title XIII reporting responsibilities to determine
the degree of incorporation and effectiveness of United
States Government recommendations and the adequacy of
safeguard policies.
(ii) Not later than 45 days after enactment of this Act,
the USAID Administrator shall consult with the Committees on
Appropriations on the implementation of this subsection.
(8) Transfer of funds.--Not later than 120 days after
enactment of this Act, the Secretary of State, after
consultation with the Secretary of the Treasury, shall
transfer $29,907,000 of funds appropriated under the heading
``Economic Support Fund'' to funds appropriated by this Act
under the headings ``Multilateral Assistance, International
Financial Institutions'' for additional payments to trust
funds enumerated under such headings: Provided, That prior
to exercising such transfer authority the Secretary of State
shall consult with the Committees on Appropriations.
(9) Continuation of prior law.--Section 7081(g)(2) and (4)
of division F of Public Law 111-117 shall continue in effect
during fiscal year 2015 as if part of this Act.
(d) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,000,600,000 should be made available for food
security and agricultural development programs, of which
$32,000,000 shall be made available for the Feed the Future
Collaborative Research Innovation Lab: Provided, That such
funds may be made available notwithstanding any other
provision of law to address food shortages, and for a United
States contribution to the endowment of the Global Crop
Diversity Trust.
(2) Funds appropriated under title III of this Act may be
made available as a contribution to the Global Agriculture
and Food Security Program if such contribution will not cause
the United States to exceed 33 percent of the total amount of
funds contributed to such Program.
(e) Microenterprise and Microfinance.--Of the funds
appropriated by this Act, not less than $265,000,000 should
be made available for microenterprise and microfinance
development programs for the poor, especially women.
(f) Reconciliation Programs.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``Development Assistance'', not less than $26,000,000 shall
be made available to support people-to-people reconciliation
programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the USAID Administrator
shall consult with the Committees on Appropriations, prior to
the initial obligation of funds, on the uses of such funds:
Provided further, That to the maximum extent practicable,
such funds shall be matched by sources other than the United
States Government.
(g) Trafficking in Persons.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'', not less than $52,500,000
shall be made available for activities to combat trafficking
in persons internationally.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $382,500,000 shall be made available
for water and sanitation supply projects pursuant to the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121), of which not less than $145,000,000 should be for
programs in sub-Saharan Africa, and of which not less than
$12,500,000 shall be made available for programs to design
and build safe, public latrines in Africa and Asia.
(i) Notification Requirements.--Authorized deviations from
funding levels contained in this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
uzbekistan
Sec. 7061. The terms and conditions of section 7076 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8)
shall apply to funds appropriated by this Act, except that
the Secretary of State may waive the application of section
7076(a) for a period of not more than 6 months and every 6
months thereafter until September 30, 2016, if the Secretary
certifies to the Committees on Appropriations that the waiver
is in the national security interest and necessary to obtain
access to and from Afghanistan for the United States, and the
waiver includes an assessment of progress, if any, by the
Government of Uzbekistan in meeting the requirements in
section 7076(a): Provided, That the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report to the Committees on Appropriations not later than 12
months after enactment of this Act and 6 months thereafter,
on all United States Government assistance provided to the
Government of Uzbekistan and expenditures made in support of
the Northern Distribution Network in Uzbekistan during the
previous 12 months, including any credible information that
such assistance or expenditures are being diverted for
corrupt purposes: Provided further, That information
provided in the assessment and report required by the
previous provisos shall be unclassified but may be
accompanied by a classified annex and such annex shall
indicate the basis for such classification: Provided
further, That for purposes of the application of section
7076(e) to this Act, the term ``assistance'' shall not
include expanded international military education and
training.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
united nations population fund
Sec. 7063. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2015, $35,000,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
[[Page H9231]]
requests for documents
Sec. 7064. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
international prison conditions
Sec. 7065. Funds appropriated under the headings
``Development Assistance'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' in
this Act shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961, for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities: Provided, That decisions regarding the
uses of such funds shall be the responsibility of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor (DRL), in consultation with the Assistant Secretary of
State for International Narcotics Control and Law Enforcement
Affairs, and the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, United States Agency
for International Development, as appropriate: Provided
further, That the Assistant Secretary of State for DRL shall
consult with the Committees on Appropriations prior to the
obligation of funds.
prohibition on use of torture
Sec. 7066. (a) None of the funds made available in this Act
may be used to support or justify the use of torture, cruel,
or inhumane treatment by any official or contract employee of
the United States Government.
(b) Funds appropriated under titles III and IV of this Act
shall be made available, notwithstanding section 660 of the
Foreign Assistance Act of 1961 and following consultation
with the Committees on Appropriations, for assistance to
eliminate torture by foreign police, military or other
security forces in countries receiving assistance from funds
appropriated by this Act.
extradition
Sec. 7067. (a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided
under the headings ``International Disaster Assistance'',
``Complex Crises Fund'', ``International Narcotics Control
and Law Enforcement'', ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance
Fund'', and ``Nonproliferation, Anti-terrorism, Demining and
Related Assistance'') for the central government of a country
which has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such
waiver is important to the national interests of the United
States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt, and the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
independent states of the former soviet union
Sec. 7069. (a) None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States:
Provided further, That prior to executing the authority
contained in this subsection the Department of State shall
consult with the Committees on Appropriations on how such
assistance supports the national interest of the United
States.
(b) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available,
notwithstanding any other provision of law, except for the
limitation contained in section 7070(a) of this Act, for
assistance and related programs for the countries identified
in section 3(c) of the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179) and section 3 of the
FREEDOM Support Act (Public Law 102-511) and may be used to
carry out the provisions of those Acts: Provided, That such
assistance and related programs from funds appropriated by
this Act under the headings ``Global Health Programs'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' shall be administered in
accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern
European Democracy (SEED) Act of 1989 (Public Law 101-179)
and section 102 of the FREEDOM Support Act (Public Law 102-
511).
(c) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
russia
Sec. 7070. (a) None of the funds appropriated by this Act
may be made available for assistance for the central
Government of the Russian Federation.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary certifies to such Committees that to do so is
in the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials,
and Russian owned and controlled banks, or other Russian
Government owned and controlled financial entities; or
(C) assistance for Crimea, if such assistance includes the
participation of Russian Government officials, and Russian
owned and controlled banks, and other Russian Government
owned and controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including but not limited to any loan, credit,
or guarantee) for any program that violates the sovereignty
or territorial integrity of Ukraine.
(4) The requirements of subsection (b) shall cease to be in
effect if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Ukraine
has reestablished sovereignty over Crimea.
(c) Funds appropriated by this Act under the heading
``Economic Support Fund'' in title III to counter Russian
aggression and influence in Central and Eastern Europe and
Central Asia may be transferred to, and merged with, funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military
Financing Program'' in title IV: Provided, That such
transfer authority is in addition to transfer authority
otherwise available under any other provision of law:
Provided further, That such transfer authority shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds appropriated by this Act for assistance for the
Eastern Partnership countries shall be made available to
advance the implementation of Association Agreements, trade
agreements, and visa liberalization agreements with the
European Union, and to reduce their vulnerability to external
economic and political pressure from the Russian Federation.
(e) Funds appropriated by this Act shall be made available
to support the advancement of democracy and the rule of law
in the Russian Federation, including to promote Internet
freedom, and shall also be made available to support the
democracy and rule of law strategy required by section
7071(d) of division K of Public Law 113-76.
(f) Not later than 45 days after enactment of this Act, the
Secretary of State shall update the reports required by
section
[[Page H9232]]
7071(b)(2), (c), and (e) of division K of Public Law 113-76.
international monetary fund
Sec. 7071. (a) The terms and conditions of sections 7086(b)
(1) and (2) and 7090(a) of division F of Public Law 111-117
shall apply to this Act.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the
IMF before other private creditors.
(c) The Secretary of the Treasury shall seek to require
that the IMF implements and enforces policies and procedures
which reflect best practices as defined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) for the protection of
whistleblowers from retaliation, including best practices
for--
(1) protection against retaliation for internal and lawful
public disclosures;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
public posting of reports
Sec. 7072. (a) Any agency receiving funds made available by
this Act shall, subject to subsections (b) and (c), post on
the public Web site of such agency any report required by
this Act to be submitted to the Committees on Appropriations,
upon a determination by the head of such agency that to do so
is in the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(2) the report contains proprietary, privileged, or
sensitive information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations for not less than 45 days.
overseas private investment corporation
Sec. 7073. (a) Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act
of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred
to, and merged with, funds appropriated by this Act for the
Overseas Private Investment Corporation Program Account, to
be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this
section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a)
through (c) of section 234 of such Act shall remain in effect
until September 30, 2015.
special defense acquisition fund
Sec. 7074. Not to exceed $100,000,000 may be obligated
pursuant to section 51(c)(2) of the Arms Export Control Act
for the purposes of the Special Defense Acquisition Fund
(Fund), to remain available for obligation until September
30, 2017: Provided, That the provision of defense articles
and defense services to foreign countries or international
organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
enterprise funds
Sec. 7075. (a) None of the funds made available under
titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional
committees are notified at least 15 days in advance.
(b) Prior to the distribution of any assets resulting from
any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the
distribution of the assets of the Enterprise Fund.
(c) Prior to a transition to and operation of any private
equity fund or other parallel investment fund under an
existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of
this Act, or funds otherwise available for obligation in
fiscal year 2015, that provides details of the uses of such
funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison
between the most recent congressional directives or approved
funding levels and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating
plans for funds for such department, agency, or organization
in titles I, II, or III and title VIII, shall simultaneously
submit the operating plans for, and integrated information
on, enduring and Overseas Contingency Operations funds:
Provided further, That operating plans that include changes
in levels of funding specified in this Act or in the joint
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State shall submit to the Committees on Appropriations a
detailed spend plan for funds made available by this Act,
for--
(A) assistance for Afghanistan, Colombia, Egypt, Haiti,
Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and
Gaza, and Yemen;
(B) the Caribbean Basin Security Initiative, the Central
American Regional Security Initiative, the Trans-Sahara
Counterterrorism Partnership program, and the Partnership for
Regional East Africa Counterterrorism program; and
(C) democracy programs and each sector enumerated in
section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the headings ``Department of the Treasury''
in title III and ``International Financial Institutions'' in
title V.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2014
under the heading ``Development Credit Authority''.
(d) Notifications.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justifications.--
(1) The congressional budget justifications for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2016.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
use of funds in contravention of this act
Sec. 7077. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
global internet freedom
Sec. 7078. (a) Of the funds available for obligation during
fiscal year 2015 under the headings ``International
Broadcasting Operations'', ``Economic Support Fund'', and
``Democracy Fund'', not less than $50,500,000 shall be made
available for programs to promote Internet freedom globally:
Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on
the Internet, and that are important to the national
interests of the United States: Provided further, That funds
made available pursuant to this section shall be matched, to
the maximum extent practicable, by sources other than the
United States Government, including from the private sector.
(b) Funds made available pursuant to subsection (a) shall
be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Complex Crises Fund'', and
shall be incorporated into country assistance, democracy
promotion, and broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State for programs to
implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom
and access to information in Iran, as required by section 414
of Public Law 112-158;
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Internet
Web sites of BBG broadcasters that are censored, and to work
with such broadcasters to promote and distribute such tools
and techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists; and
(5) made available for research of key threats to Internet
freedom; the continued
[[Page H9233]]
development of technologies that provide or enhance access to
the Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship techniques
used by authoritarian governments; and maintenance of the
United States Government's technological advantage over such
censorship techniques: Provided, That the Secretary of
State, in consultation with the BBG, shall coordinate any
such research and development programs with other relevant
United States Government departments and agencies in order to
share information, technologies, and best practices, and to
assess the effectiveness of such technologies.
(c) After consultation among the relevant agency heads to
coordinate and de-conflict planned activities, but not later
than 90 days after enactment of this Act, the Secretary of
State and the BBG Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this
Act for programs to promote Internet freedom globally, which
shall include a description of safeguards established by
relevant agencies to ensure that such programs are not used
for illicit purposes.
(d) The Comptroller General of the United States shall
conduct an audit of Internet freedom programs supported by
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, and shall consult with the
Committees on Appropriations on the scope and requirements of
such audit.
disability programs
Sec. 7079. (a) Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States
Agency for International Development (USAID) to address the
needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Of the funds made available by this section, 5 percent
may be used for USAID for management, oversight, and
technical support.
small grants program
Sec. 7080. (a) In General.--A Small Grants Program (SGP)
shall be established within the United States Agency for
International Development (USAID) to provide small grants,
cooperative agreements, and other assistance mechanisms and
agreements of not more than $2,000,000 for the purpose of
carrying out the provisions of chapters 1 and 10 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961: Provided, That the SGP established pursuant to this
section shall replace the function served previously by the
Development Grants Program established under section 674 of
division J, of Public Law 110-161, which is hereby abolished.
(b) Eligibility.--Grants from the SGP shall only be made to
eligible entities as described in the joint explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(c) Proposals.--Grants made pursuant to the authority of
this section shall be provided through--
(1) unsolicited applications received and evaluated
pursuant to USAID policy regarding such proposals; or
(2) an open and competitive process.
(d) Funding.--
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $45,000,000 shall be
made available for the SGP within USAID's Local
Sustainability Office of the Bureau for Economic Growth,
Education and Environment to carry out this subsection.
(2) Other than to meet the requirements of this section,
funds made available to carry out this section may not be
allocated in the report required by section 653(a) of the
Foreign Assistance Act of 1961 to meet any other specifically
designated funding levels contained in this Act: Provided,
That such funds may be attributed to any such specifically
designated funding level after the award of funds under this
section, if applicable.
(3) Funds made available under this section shall remain
available for obligation until September 30, 2019.
(e) Management.--
(1) Not later than 120 days after enactment of this Act,
the USAID Administrator shall issue guidance to implement
this section: Provided, That such guidance shall include the
requirements contained in the joint explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) Upon selection of a mission pursuant to the procedures
required by paragraph (1), such selected mission may be
allocated the full estimated cost of the multi-year program:
Provided, That such allocations shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(3) In addition to funds otherwise available for such
purposes, up to 12 percent of the funds made available to
carry out this section may be used by USAID for
administrative and oversight expenses associated with
managing relationships with entities under the SGP.
(f) Report.--Not later than 120 days after enactment of
this Act and after consultation with the appropriate
congressional committees, the Administrator shall submit a
report to such committees describing the guidance to
implement the SGP.
prohibition on first-class travel
Sec. 7081. None of the funds made available in this Act
may be used for first-class travel by employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7082. Not later than 5 days after the conclusion of
an agreement with a country, including a state with a compact
of free association with the United States, to receive by
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, the Secretary of State
shall notify the Committees on Appropriations in writing of
the terms of the agreement, including whether funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs will be made available for assistance for such
country pursuant to such agreement.
authority for replenishments
Sec. 7083. (a) The Asian Development Bank Act, Public Law
89-369, as amended (22 U.S.C. 285 et seq.), is further
amended by adding at the end thereof the following new
section:
``SEC. 35. TENTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $359,600,000
to the tenth replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $359,600,000
for payment by the Secretary of the Treasury.''.
(b) The International Development Association Act, Public
Law 86-565, as amended (22 U.S.C. 284 et seq.), is further
amended by adding at the end thereof the following new
sections:
``SEC. 28. SEVENTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $3,871,800,000 to the seventeenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $3,871,800,000
for payment by the Secretary of the Treasury.
``SEC. 29. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$565,020,000 to the International Development Association for
the purpose of funding debt relief costs under the
Multilateral Debt Relief Initiative incurred in the period
governed by the seventeenth replenishment of resources of the
International Development Association, subject to obtaining
the necessary appropriations and without prejudice to any
funding arrangements in existence on the date of the
enactment of this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$565,020,000 for payment by the Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development,'
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
(c) The African Development Fund Act, Public Law 94-302, as
amended (22 U.S.C. 290g et seq.), is further amended by
adding at the end thereof the following new sections:
``SEC. 223. THIRTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $585,000,000 to
the thirteenth replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $585,000,000
for payment by the Secretary of the Treasury.
``SEC. 224. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$54,620,000 to the African Development Fund for the purpose
of funding debt relief costs under the Multilateral Debt
Relief Initiative incurred in the period governed by the
thirteenth replenishment of resources of the African
Development Fund, subject to obtaining the necessary
appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of
this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$54,620,000 for payment by the Secretary of the Treasury.
[[Page H9234]]
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development,'
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
rescission of funds
Sec. 7084. Of the unexpended balances available under the
heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' from prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, $30,000,000 are
rescinded.
modifications to the vietnam education foundation act of 2000
Sec. 7085. (a) Expanded Use of Vietnam Debt Repayment
Fund.--Section 207(c)(3) of the Vietnam Education Foundation
Act of 2000 (title II of division B of H.R. 5666, as enacted
by section 1(a)(4) of Public Law 106-554 and contained in
appendix D of that Act; 114 Stat. 2763A-257; 22 U.S.C. 2452
note) is amended to read as follows:
``(3) Excess funds.--During each of the fiscal years 2015
through 2018, amounts deposited into the Fund, in excess of
the amounts made available to the Foundation under paragraph
(1), shall be made available by the Secretary of the
Treasury, upon the request of the Secretary of State, for
grants to support the establishment of an independent, not-
for-profit academic institution in the Socialist Republic of
Vietnam.''.
(b) Administrative Provisions.--Section 209(a) of the
Vietnam Education Foundation Act of 2000 (title II of
division B of H.R. 5666, as enacted by section 1(a)(4) of
Public Law 106-554 and contained in appendix D of that Act;
114 Stat. 2763A-257; 22 U.S.C. 2452 note) is amended in the
matter preceding paragraph (1) by inserting ``(other than
section 211)'' after ``this title''.
(c) Grants Authorized.--The Vietnam Education Foundation
Act of 2000 (title II of division B of H.R. 5666, as enacted
by section 1(a)(4) of Public Law 106-554 and contained in
appendix D of that Act; 114 Stat. 2763A-257; 22 U.S.C. 2452
note) is amended by adding at the end the following:
``SEC. 211. ESTABLISHMENT OF AN INDEPENDENT, NOT-FOR-PROFIT
ACADEMIC INSTITUTION IN THE SOCIALIST REPUBLIC
OF VIETNAM.
``(a) Grants Authorized.--The Secretary of State is
authorized to award 1 or more grants which shall be used to
support the establishment of an independent, not-for-profit
academic institution in the Socialist Republic of Vietnam.
``(b) Application.--In order to receive a grant pursuant to
subsection (a), a prospective grantee shall submit an
application to the Secretary of State at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(c) Minimum Standards.--As a condition of receiving a
grant under subsection (a), a prospective grantee shall
ensure that the independent, not-for-profit academic
institution in the Socialist Republic of Vietnam described in
subsection (a)--
``(1) achieves standards comparable to those required for
accreditation in the United States;
``(2) offers graduate and undergraduate level teaching and
research programs in a broad range of fields, including
public policy, management, and engineering; and
``(3) establishes a policy of academic freedom and
prohibits the censorship of dissenting or critical views.
``(d) Annual Report.--
``(1) In general.--Not later than 90 days after the last
day of each fiscal year until 2020, the Secretary of State
shall submit to the appropriate congressional committees a
report that summarizes the activities carried out under this
section during such fiscal year.
``(2) Definition.--In this subsection, the term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
``(B) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.''.
impact on jobs in the united states
Sec. 7086. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal;
or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to: (i) provide affordable electricity in
International Development Association (IDA)-eligible
countries and IDA-blend countries; and (ii) increase exports
of goods and services from the United States or prevent the
loss of jobs from the United States.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $1,350,803,000, to remain available until
September 30, 2016, of which $989,706,000 is for Worldwide
Security Protection and shall remain available until
expended: Provided, That the Secretary of State may transfer
up to $35,000,000 of the total funds made available under
this heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
any such transfer shall be treated as a reprogramming of
funds under subsections (a) and (b) of section 7015 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization
Operations'', $15,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $56,900,000, to remain available until September
30, 2016, which shall be for the Special Inspector General
for Afghanistan Reconstruction (SIGAR) for reconstruction
oversight: Provided, That printing and reproduction costs
shall not exceed amounts for such costs during fiscal year
2014: Provided further, That notwithstanding any other
provision of law, any employee of SIGAR who completes at
least 12 months of continuous service after the date of
enactment of this Act or who is employed on the date on which
SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $260,800,000, to remain
available until expended, of which $250,000,000 shall be for
Worldwide Security Upgrades, acquisition, and construction as
authorized: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $74,400,000: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $10,700,000, to remain available until
September 30, 2016: Provided, That such amount
[[Page H9235]]
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$125,464,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $1,335,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$20,000,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'',
$30,000,000 to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,114,266,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $2,127,114,000, to remain available until
expended: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $443,195,000, to remain
available until September 30, 2016: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $99,240,000, to
remain available until September 30, 2016: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$328,698,000, to remain available until September 30, 2016:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That funds may be used to pay assessed expenses of
international peacekeeping activities in Somalia and other
peacekeeping requirements, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the total amount of United States
contributions to support an assessed peacekeeping operation
shall not exceed the level described in the final proviso
under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $866,420,000, to remain available until September
30, 2016: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for
fiscal year 2015.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts.
transfer and additional authority
Sec. 8003. (a) Funds appropriated by this title in this Act
under the headings ``Transition Initiatives'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing
Program'' may be transferred to, and merged with--
(1) funds appropriated by this title under such headings;
and
(2) funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance''.
(b) Notwithstanding any other provision of this section,
not to exceed $25,000,000 from funds appropriated under the
headings ``International Narcotics Control and Law
Enforcement'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'' by this title in this Act may be
transferred to, and merged with, funds previously made
available under the heading ``Global Security Contingency
Fund'': Provided, That not later than 15 days prior to
making any such transfer, the Secretary of State shall notify
the Committees on Appropriations on a country basis,
including the implementation plan and timeline for each
proposed use of such funds.
(c) The transfer authority provided in subsections (a) and
(b) may only be exercised to address unanticipated
contingencies.
(d) Of the funds made available in this title under the
heading ``Bilateral Economic Assistance'', up to $380,000,000
may be made available to support international peacekeeping
requirements only if the Secretary of State submits a
determination to the Committees on Appropriations that
additional funds are necessary to support such requirements
above the amounts provided under the heading ``Contributions
for International Peacekeeping Activities'' in title I of
this Act and under the heading ``Peacekeeping Operations'' in
this title and title IV of this Act, and that it is in the
national security interest of the United States to do so:
Provided, That such funds may only be made available for the
purposes described in the determination and shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
pursuant to this subsection shall be used in accordance with
the terms and conditions under the heading ``Peacekeeping
Operations'' in this title.
(e) The transfer authority provided in subsections (a) and
(b) shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under
any other provision of law, including section 610 of the
Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
TITLE IX
EBOLA RESPONSE AND PREPAREDNESS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $36,420,000, to remain available until September
30, 2016, for necessary expenses to prevent, prepare for, and
respond to the Ebola virus disease outbreak: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$19,037,000, to remain available until September 30, 2016,
for necessary expenses to prevent, prepare for, and respond
to the Ebola virus disease outbreak: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $5,626,000, to remain available until expended,
for oversight of activities funded by this title and
administered by the United States Agency for International
Development: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$312,000,000, to remain available until expended, for
necessary expenses to prevent, prepare for, and respond
[[Page H9236]]
to the Ebola virus disease outbreak in countries directly
affected by, or at risk of being affected by, such outbreak:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $1,436,273,000, to remain available until
expended, for assistance for countries affected by, or at
risk of being affected by, the Ebola virus disease outbreak:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$711,725,000, to remain available until September 30, 2016,
for necessary expenses to prevent, prepare for, and respond
to the Ebola virus disease outbreak and to address economic
and stabilization requirements resulting from such outbreak:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $5,300,000, to
remain available until September 30, 2016, for necessary
expenses to carry out the provisions of chapter 9 of Part II
of the Foreign Assistance Act of 1961, for efforts to
mitigate the risk of illicit acquisition of the Ebola virus
and to promote biosecurity practices associated with Ebola
virus disease outbreak response efforts: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
transfer authority
Sec. 9001. (a) Funds appropriated by this title in this Act
under the headings ``Global Health Programs'',
``International Disaster Assistance'', and ``Economic Support
Fund'' may be transferred to, and merged with, funds
appropriated by this title under such headings and under the
headings ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Peacekeeping Operations'' in
this Act to carry out the purposes of this title: Provided,
That the Secretary of State and the Administrator of the
United States Agency for International Development (USAID),
as appropriate, shall consult with the Committees on
Appropriations prior to exercising the transfer authority
provided by this subsection.
(b) Of the funds appropriated by this title under the
heading ``Diplomatic and Consular Programs'', up to
$1,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Repatriation Loans Program
Account'' in Acts making appropriations for the Department of
State, foreign operations, and related programs for the cost
of direct loans, which may remain available until expended:
Provided, That such costs, including cost of modifying such
loans, shall be defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds are
available to subsidize an additional amount of gross
obligations for the principal amount of direct loans not to
exceed $1,899,335.
(c) Of the funds appropriated by this title under the
heading ``Global Health Programs'', up to $50,000,000 may be
transferred to, and merged with, funds appropriated under the
heading ``International Organizations and Programs'' to
prevent, prepare for, and respond to the Ebola virus disease
outbreak.
(d) Of the funds appropriated by this title under the
heading ``International Disaster Assistance'', up to
$35,300,000 may be transferred to, and merged with, funds
appropriated under the headings ``International Organizations
and Programs'' and ``Contributions to International
Organizations'' to prevent, prepare for, and respond to the
Ebola virus disease outbreak: Provided, That no such funds
that are made available for a United States contribution to
the United Nations Mission for Ebola Emergency Response may
be obligated until the Secretary of State reports to the
Committees on Appropriations that an assessment for such
mission has been received and reviewed by the Department of
State.
(e) The transfer authorities of this section are in
addition to any other transfer authority provided by law.
(f) No funds shall be transferred pursuant to this section
unless at least 15 days prior to making such transfer the
Secretary of State or USAID Administrator, as appropriate,
notifies the Committees on Appropriations in writing of the
details of any such transfer.
(g) Upon a determination that all or part of the funds
transferred pursuant to the authorities of this section are
not necessary for such purposes, such amounts may be
transferred back to such headings: Provided, That any
transfer pursuant to this subsection shall be subject to
subsection (f) of this section.
reimbursement authority
Sec. 9002. Funds appropriated by this title under the
headings ``Global Health Programs'', ``International Disaster
Assistance'', and ``Economic Support Fund'' may be used to
reimburse accounts administered by the United States Agency
for International Development and the Department of State for
obligations incurred to prevent, prepare for, and respond to
the Ebola virus disease outbreak prior to the enactment of
this Act.
notification requirement
Sec. 9003. Funds appropriated by this title shall not be
available for obligation unless the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, notifies the appropriate
congressional committees in writing at least 15 days in
advance of such obligation: Provided, That the requirement
of this section shall not apply to funds made available by
this title under the heading ``International Disaster
Assistance''.
reporting requirement
Sec. 9004. The Secretary of State, in consultation with
the Administrator of the United States Agency for
International Development, shall submit to the Committees on
Appropriations not later than 30 days after enactment of this
Act a report on the proposed uses of funds on a country and
project basis, for which the obligation of funds is
anticipated: Provided, That such report shall be updated and
submitted to the Committee on Appropriations every 30 days
until September 30, 2016, and every 180 days thereafter until
all funds have been fully expended, and shall include
information detailing how the estimates and assumptions
contained in the previous reports have changed, and
obligations and expenditures on a country and project basis.
comptroller general oversight
Sec. 9005. Of the funds appropriated by this title under
the heading ``Economic Support Fund'', up to $500,000 may be
made available to the Comptroller General of the United
States, and shall remain available until expended, for
oversight of activities supported and reimbursements made
pursuant to section 9002 of this title with funds
appropriated by this title: Provided, That the Secretary of
State and the Comptroller General shall consult with the
Committees on Appropriations prior to obligating such funds.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015''.
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$105,000,000, of which not to exceed $2,696,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,011,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $19,900,000 shall be
available for the Office of the General Counsel; not to
exceed $9,800,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$12,500,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,500,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,365,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,000,000 shall be
available for the Office of Public Affairs; not to exceed
$1,714,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,414,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,600,000 shall be available for the Office
of Intelligence, Security, and Emergency Response; and not to
exceed $15,500,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $13,000,000,
of which $8,218,000 shall remain available until September
30, 2017: Provided, That there may be
[[Page H9237]]
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training: Provided further, That
any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $500,000,000, to remain available through
September 30, 2017: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for
funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure): Provided further, That the Secretary may
use up to 20 percent of the funds made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code,
if the Secretary finds that such use of the funds would
advance the purposes of this paragraph: Provided further,
That in distributing funds provided under this heading, the
Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas, and
the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading
shall be not less than $10,000,000 and not greater than
$200,000,000: Provided further, That not more than 25
percent of the funds made available under this heading may be
awarded to projects in a single State: Provided further,
That the Federal share of the costs for which an expenditure
is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall
financing package: Provided further, That not less than 20
percent of the funds provided under this heading shall be for
projects located in rural areas: Provided further, That for
projects located in rural areas, the minimum grant size shall
be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That
projects conducted using funds provided under this heading
must comply with the requirements of subchapter IV of chapter
31 of title 40, United States Code: Provided further, That
the Secretary shall conduct a new competition to select the
grants and credit assistance awarded under this heading:
Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may
transfer portions of those funds to the Administrators of the
Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the
Federal Maritime Administration, to fund the award and
oversight of grants and credit assistance made under the
National Infrastructure Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2016.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, implementation of enhanced security controls on
network devices, and enhancement of cyber security workforce
training tools, $5,000,000, to remain available through
September 30, 2016.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,600,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $6,000,000.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$181,500,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $333,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $592,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,099,000, to remain available until
September 30, 2016: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $155,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
Sec. 103. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 104. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Credit Council, including the agenda for each meeting,
and require the Credit Council to record the decisions and
actions of each meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 112-95, $9,740,700,000 of which
$8,595,000,000 shall be derived from the Airport and Airway
Trust
[[Page H9238]]
Fund, of which not to exceed $7,396,654,000 shall be
available for air traffic organization activities; not to
exceed $1,218,458,000 shall be available for aviation safety
activities; not to exceed $16,605,000 shall be available for
commercial space transportation activities; not to exceed
$756,047,000 shall be available for finance and management
activities; not to exceed $60,089,000 shall be available for
NextGen and operations planning activities; and not to exceed
$292,847,000 shall be available for staff offices: Provided,
That not to exceed 2 percent of any budget activity, except
for aviation safety budget activity, may be transferred to
any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation
by more than 2 percent: Provided further, That any transfer
in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That not later than March 31 of each fiscal year
hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That
the amount herein appropriated shall be reduced by $100,000
for each day after March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification
staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall
be reduced by $100,000 per day for each day after March 31
that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $144,500,000
shall be for the contract tower program, of which not less
than $9,500,000 is for the contract tower cost share program:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund: Provided further, That none of the funds
provided in this Act may be used for the Federal Aviation
Administration to issue a job announcement for air traffic
control specialists that renders ineligible by reason of age
any applicant who had been included in the air traffic
control specialist applicant inventory as of January 15,
2014, and who was born between February 9, 1983, and October
1, 1984.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,600,000,000, of which $460,000,000 shall
remain available until September 30, 2015, and $2,140,000,000
shall remain available until September 30, 2017: Provided,
That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That upon initial
submission to the Congress of the fiscal year 2016
President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2016
through 2020, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after the initial submission of the fiscal year 2016
President's budget that such report has not been submitted to
Congress.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$156,750,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2017:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
(including rescission)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,200,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2015,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $107,100,000 shall be obligated for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $29,750,000 shall
be available for Airport Technology Research, and $5,500,000,
to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program.
(rescission)
Of the amounts authorized for the fiscal year ending
September 30, 2015, and prior years under section 48112 of
title 49, United States Code, all unobligated balances are
permanently rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2015.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
[[Page H9239]]
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 118. Subparagraph (D) of section 47124(b)(3) of title
49, United States Code, is amended by striking ``benefit.''
and inserting ``benefit, with the maximum allowable local
cost share capped at 20 percent.''.
Sec. 119. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119A. None of the funds in this Act shall be
available for salaries and expenses of more than 9 political
and Presidential appointees in the Federal Aviation
Administration.
Sec. 119B. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the FAA provides to the
House and Senate Committees on Appropriations a report that
justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with
Executive Order 13642.
Sec. 119C. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119D. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119E. Section 916 of Public Law 112-95 is amended by
striking ``Advanced Materials in Transport Aircraft'' and
inserting ``Joint Advanced Materials and Structures''.
Sec. 119F. Subsection 47109(c)(2) of title 49, United
States Code, is amended by adding before the period ``,
except that at a primary non-hub airport located in a State
as set forth in paragraph (1) of this subsection that is
within 15 miles of another State as set forth in paragraph
(1) of this subsection, the Government's share shall be an
average of the Government share applicable to any project in
each of the States''.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $426,100,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, not to exceed $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104 of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
programs of Federal-aid Highways and highway safety
construction programs authorized under titles 23 and 49,
United States Code, and the provisions of Public Law 112-141
shall not exceed total obligations of $40,256,000,000 for
fiscal year 2015: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid Highways and highway safety construction programs
authorized under title 23, United States Code,
$40,995,000,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2015, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid Highways and
highway safety construction programs for previous fiscal
years the funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid Highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid Highways and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (12) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(13) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
Highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Moving Ahead for Progress in the
21st Century Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
Highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid Highways and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(13) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid Highways programs for which obligation
authority was made available under the Transportation Equity
Act
[[Page H9240]]
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 and 2014, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(13) section 119 of title 23, United States Code (but, for
fiscal year 2015, only in an amount equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid Highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of the Moving Ahead for Progress in the 21st
Century Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid Highways and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid Highways programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid Highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid Highways and highway safety construction
programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid Highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of
Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a nontoll
lane for purposes of determining whether a highway will have
fewer nontoll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 124. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval
to provide credit assistance under sections 603 and 604 of
title 23, United States Code, the Secretary of Transportation
provides notification in writing to the following committees:
the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee
on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 125. Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(j) Operation of Vehicles on Certain Other Wisconsin
Highways.--If any segment of the United States Route 41
corridor, as described in section 1105(c)(57) of the
Intermodal Surface Transportation Efficiency Act of 1991, is
designated as a route on the Interstate System, a vehicle
that could operate legally on that segment before the date of
such designation may continue to operate on that segment,
without regard to any requirement under subsection (a).
``(k) Operation of Vehicles on Certain Mississippi
Highways.--If any segment of United States Route 78 in
Mississippi from mile marker 0 to mile marker 113 is
designated as part of the Interstate System, no limit
established under this section may apply to that segment with
respect to the operation of any vehicle that could have
legally operated on that segment before such designation.
``(l) Operation of Vehicles on Certain Kentucky Highways.--
``(1) In general.--If any segment of highway described in
paragraph (2) is designated as a route on the Interstate
System, a vehicle that could operate legally on that segment
before the date of such designation may continue to operate
on that segment, without regard to any requirement under
subsection (a).
``(2) Description of highway segments.--The highway
segments referred to in paragraph (1) are as follows:
``(A) Interstate Route 69 in Kentucky (formerly the Wendell
H. Ford (Western Kentucky) Parkway) from the Interstate Route
24 Interchange, near Eddyville, to the Edward T. Breathitt
(Pennyrile) Parkway Interchange.
``(B) The Edward T. Breathitt (Pennyrile) Parkway (to be
designated as Interstate Route 69) in Kentucky from the
Wendell H. Ford (Western Kentucky) Parkway Interchange to
near milepost 77, and on new alignment to an interchange on
the Audubon Parkway, if the segment is designated as part of
the Interstate System.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31104(i) of title
49, United States Code, and sections 4127 and 4134 of Public
Law 109-59, as amended by Public Law 112-141, $271,000,000,
to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety
operations and programs authorized under title 49, United
States Code, shall not exceed total obligations of
$271,000,000 for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2015, of which $9,000,000, to
remain available for obligation until September 30, 2017, is
for the research and technology program, and of which
$34,545,000, to remain available for obligation until
September 30, 2017, is for information management: Provided
further, That $2,300,000 shall be made available for
[[Page H9241]]
commercial motor vehicle operator grants to carry out section
4134 of Public Law 109-59, as amended by Public Law 112-141,
of which $1,300,000 is to be made available from prior year
unobligated contract authority provided in Public Law 112-
141, or other appropriations or authorization acts: Provided
further, That of unobligated contract authority provided in
Public Law 112-141, or other appropriations or authorization
acts for ``Motor Carrier Safety Operations and Programs'',
$6,700,000 shall be made available for enforcement and
investigation activities related to the safe transportation
of energy products, information management and technology
needs related to the monitoring of high-risk carriers and
carriers operating under consent agreements, and the Capital
Improvement Plan for border facilities and field offices, and
an additional $4,000,000 shall be made available to
administer the study required under section 133 of this Act,
to remain available for obligation until September 30, 2017:
Provided further, That the Secretary shall complete final
regulatory action on the implementation of 49 United States
Code 31137 no later than June 1, 2015.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, as amended by Public Law 112-141,
$313,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That funds available for the
implementation or execution of motor carrier safety programs
shall not exceed total obligations of $313,000,000 in fiscal
year 2015 for ``Motor Carrier Safety Grants''; of which
$218,000,000 shall be available for the motor carrier safety
assistance program, $30,000,000 shall be available for
commercial driver's license program improvement grants,
$32,000,000 shall be available for border enforcement grants,
$5,000,000 shall be available for performance and
registration information system management grants,
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program, and
$3,000,000 shall be available for safety data improvement
grants: Provided further, That, of the funds made available
herein for the motor carrier safety assistance program,
$32,000,000 shall be available for audits of new entrant
motor carriers.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 132. None of the funds limited or otherwise made
available under this Act shall be used by the Secretary to
enforce any regulation prohibiting a State from issuing a
commercial learner's permit to individuals under the age of
eighteen if the State had a law authorizing the issuance of
commercial learner's permits to individuals under eighteen
years of age as of May 9, 2011.
Sec. 133. (a) Temporary Suspension of Enforcement.--None of
the funds appropriated or otherwise made available by this
Act or any other Act shall be used to enforce sections
395.3(c) and 395.3(d) of title 49, Code of Federal
Regulations, and such sections shall have no force or effect
from the date of enactment of this Act until the later of
September 30, 2015, or upon submission of the final report
issued by the Secretary under this section. The restart
provisions in effect on June 30, 2013, shall be in effect
during this period.
(b) Public Notification.--As soon as possible after the
date of the enactment of this Act, the Secretary of
Transportation shall publish a Notice in the Federal Register
and on the Federal Motor Carrier Safety Administration
website announcing that the provisions in the rule referred
to in subsection (a) shall have no force or effect from the
date of enactment of this Act through September 30, 2015, and
the restart rule in effect on June 30, 2013, shall
immediately be in effect.
(c) Commercial Motor Vehicle (CMV) Driver Restart Study.--
Within 90 days of the date of enactment of this Act, the
Secretary shall initiate a naturalistic study of the
operational, safety, health and fatigue impacts of the
restart provisions in sections 395.3(c) and 395.3(d) of title
49, Code of Federal Regulations, on commercial motor vehicle
drivers. The study required under this subsection shall--
(1) compare the work schedules and assess operator fatigue
between the following two groups of commercial motor vehicle
drivers, each large enough to produce statistically
significant results:
(A) commercial motor vehicle drivers who operate under such
provisions, in effect between July 1, 2013, and the day
before the date of enactment of this Act, and
(B) commercial motor vehicle drivers who operate under the
provisions in effect on June 30, 2013.
(2) compare, at a minimum, the 5-month work schedules, and
assess safety critical events (crashes, near crashes and
crash-relevant conflicts) and operator fatigue between the
commercial motor vehicle drivers identified under subsection
(c)(1) of this section from a statistically significant
sample of drivers comprised of fleets of all sizes, including
long-haul, regional and short-haul operations in various
sectors of the industry, including flat-bed, refrigerated,
tank, and dry-van, to the extent practicable;
(3) assess drivers' safety critical events, fatigue and
levels of alertness, and driver health outcomes by using both
electronic and captured record of duty status, including the
Psychomotor Vigilance Test (PVT), e-logging data, actigraph
watches and cameras or other on-board monitoring systems that
record or measure safety critical events and driver
alertness;
(4) utilize data from electronic logging devices,
consistent to the extent practicable, with the anticipated
requirements for such devices in section 31137(b) of title
49, United States Code, from motor carriers and drivers of
commercial motor vehicles, notwithstanding any limitation on
the use of such data under section 31137(e) of title 49,
United States Code; and
(5) include the development of an initial study plan and
final report, each of which shall be subject to an
independent peer review by a panel of individuals with
relevant medical and scientific expertise.
(d) Department of Transportation Office of Inspector
General Review.--Prior to the study required under this
subsection commencing and within 60 days of the date of
enactment of this Act, the Secretary shall submit a plan
outlining the scope and methodology for the study to the
Department of Transportation Inspector General.
(1) Within 30 days of receiving the plan, the Office of
Inspector General shall review and report whether it
includes--
(A) a sufficient number of participating drivers to produce
statistically significant results consistent with subsection
(c)(2);
(B) the use of reliable technologies to assess the
operational, safety and fatigue components of the study to
produce consistent and valid results;
(C) appropriate performance measures to properly evaluate
the study outcomes; and
(D) an appropriate selection of the independent review
panel under subsection (c)(5).
(2) The Office of Inspector General shall report its
findings, conclusions and any recommendations to the
Secretary and to the House and Senate Committees on
Appropriations within 30 days of receipt of the plan.
(e) Reporting Requirements.--The Secretary shall submit a
final report on the findings and conclusions of the study and
the Department's recommendations on whether the provisions in
effect on July 1, 2013, provide a greater net benefit for the
operational, safety, health and fatigue impacts of the
restart provisions to the Inspector General within 210 days
of receiving the Office of the Inspector General report
required in subsection (d)(2).
(1) Within 60 days of receipt of the Secretary's findings
and recommendations in subsection (e), the Inspector General
shall report to the Secretary and the House and Senate
Committees on Appropriations on the study's compliance with
the requirements outlined under subsection (c).
(2) Upon submission of the Office of the Inspector General
report in paragraph (1), the Secretary shall submit its
report to the House and Senate Committees on Appropriations
and make the report publically available on its website.
(f) Certification.--The Secretary of Transportation shall
certify in writing in a manner addressing the Inspector
General's findings and recommendations in subsection (d)(1)
and (e)(1) of this section that the Secretary has met the
requirements as described in section (c) and (d).
(g) Paperwork Reduction Act Exception.--The study and the
Office of the Inspector General reviews shall not be subject
to section 3506 or 3507 of title 44, United States Code.
Sec. 134. None of the funds limited or otherwise made
available under the heading ``Motor Carrier Safety Operations
and Programs'' may be used to deny an application to renew a
Hazardous Materials Safety Program permit for a motor carrier
based on that carrier's Hazardous Materials Out-of-Service
rate, unless the carrier has the opportunity to submit a
written description of corrective actions taken, and other
documentation the carrier wishes the Secretary to consider,
including submitting a corrective action plan, and the
Secretary determines the actions or plan is insufficient to
address the safety concerns that resulted in that Hazardous
Materials Out-of-Service rate.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $130,000,000, of which
$20,000,000 shall remain available through September 30,
2016.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States
[[Page H9242]]
Code, $138,500,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2015, are in
excess of $138,500,000, of which $133,500,000 shall be for
programs authorized under 23 U.S.C. 403 and $5,000,000 shall
be for the National Driver Register authorized under chapter
303 of title 49, United States Code: Provided further, That
within the $133,500,000 obligation limitation for operations
and research, $20,000,000 shall remain available until
September 30, 2016, and shall be in addition to the amount of
any limitation imposed on obligations for future years:
Provided further, That $20,000,000 of the total obligation
limitation for operations and research in fiscal year 2015
shall be applied toward unobligated balances of contract
authority provided in prior Acts for carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402 and 405, section 2009 of Public
Law 109-59, as amended by Public Law 112-141, and section
31101(a)(6) of Public Law 112-141, to remain available until
expended, $561,500,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for
which, in fiscal year 2015, are in excess of $561,500,000 for
programs authorized under 23 U.S.C. 402 and 405, section 2009
of Public Law 109-59, as amended by Public Law 112-141, and
section 31101(a)(6) of Public Law 112-141, of which
$235,000,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $272,000,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,000,000 shall be
for ``High Visibility Enforcement Program'' under section
2009 of Public Law 109-59, as amended by Public Law 112-141;
$25,500,000 shall be for ``Administrative Expenses'' under
section 31101(a)(6) of Public Law 112-141: Provided further,
That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under 23 U.S.C. 405 for ``Impaired
Driving Countermeasures'' (as described in subsection (d) of
that section) shall be available for technical assistance to
the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(1)(G), any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(1)(G) within 60 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $186,870,000, of
which $15,400,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $39,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority to exist as long as any such direct loan or loan
guarantee is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2015: Provided
further, That no new direct loans or loan guarantee
commitments made under the Railroad Rehabilitation and
Improvement Financing Program in fiscal year 2015 shall cause
the total principal amount of direct loans and loan
guarantees committed under the Railroad Rehabilitation and
Improvement Financing Program to projects in a single state
to exceed $5,600,000,000.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation, in
amounts based on the Secretary's assessment of the
Corporation's seasonal cash flow requirements, for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $250,000,000,
to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses
for the Corporation only after receiving and reviewing a
grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary and the House and Senate Committees on
Appropriations the annual budget, business plan, the 5-Year
Financial Plan for fiscal year 2015 required under section
204 of the Passenger Rail Investment and Improvement Act of
2008 and the comprehensive fleet plan for all Amtrak rolling
stock: Provided further, That the budget, business plan and
the 5-Year Financial Plan shall include annual information on
the maintenance, refurbishment, replacement, and expansion
for all Amtrak rolling stock consistent with the
comprehensive fleet plan: Provided further, That the
Corporation shall provide monthly performance reports in an
electronic format which shall describe the work completed to
date, any changes to the business plan, and the reasons for
such changes as well as progress against the milestones and
target dates of the 2012 performance improvement plan:
Provided further, That the Corporation's budget, business
plan, 5-Year Financial Plan, semiannual reports, monthly
reports, comprehensive fleet plan and all supplemental
reports or plans comply with requirements in Public Law 112-
55: Provided further, That none of the funds provided in
this Act may be used to support any route on which Amtrak
offers a discounted fare of more than 50 percent off the
normal peak fare: Provided further, That the preceding
proviso does not apply to routes where the operating loss as
a result of the discount is covered by a State and the State
participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by sections 101(c), 102, and 219(b)
of the Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,140,000,000, to remain
available until expended, of which not to exceed $175,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That of the amounts made
available under this heading, not less than $50,000,000 shall
be made available to bring Amtrak-served facilities and
stations into compliance with the Americans with Disabilities
Act: Provided further, That after an initial distribution of
up to $200,000,000, which shall be used by the Corporation as
a working capital account, all remaining funds shall be
provided to the Corporation only on a reimbursable basis:
Provided further, That of the amounts made available under
this heading, up to $50,000,000 may be used by the Secretary
to subsidize operating losses of the Corporation should the
funds provided under the heading ``Operating Grants to the
National Railroad Passenger Corporation'' be insufficient to
meet operational costs for fiscal year 2015: Provided
further, That the Secretary may retain up to one-half of 1
percent of the funds provided under this heading to fund the
costs of project management and oversight of activities
authorized by subsections 101(a) and 101(c) of division B of
Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to
the Secretary's satisfaction: Provided further, That except
as otherwise provided herein, none of the funds under this
heading may be used to subsidize operating losses of the
Corporation: Provided further, That none of the funds under
this heading may be used for capital projects not approved by
the Secretary of Transportation or on the Corporation's
fiscal year 2015 business plan: Provided further, That in
addition to the project management oversight funds authorized
under section 101(d) of division B of Public Law 110-432, the
Secretary may retain up to an additional $5,000,000 of the
funds provided under this heading to fund expenses associated
with implementing section 212 of division B of Public Law
110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 150. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from
[[Page H9243]]
non-United States Government sources to repair damages to or
replace United States Government owned automated track
inspection cars and equipment as a result of third-party
liability for such damages, and any amounts collected under
this section shall be credited directly to the Safety and
Operations account of the Federal Railroad Administration,
and shall remain available until expended for the repair,
operation and maintenance of automated track inspection cars
and equipment in connection with the automated track
inspection program.
Sec. 151. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized
to allow the issuer of any preferred stock heretofore sold to
the Department to redeem or repurchase such stock upon the
payment to the Department of an amount to be determined by
the Secretary.
Sec. 152. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations each
quarter of the calendar year on waivers granted to employees
and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations by March
1, 2015, a summary of all overtime payments incurred by the
Corporation for 2014 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2014 and for the three
prior calendar years.
Sec. 153. For an additional amount, $10,000,000 shall be
made available until expended for the Secretary to make
grants for grade crossing and track improvements on rail
routes that transport energy products.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $105,933,000, of which not less
than $4,500,000 shall be available to carry out the
provisions of 49 U.S.C. 5329 and not less than $1,000,000
shall be available to carry out the provisions of 49 U.S.C.
5326: Provided, That none of the funds provided or limited
in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That
upon submission to the Congress of the fiscal year 2016
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts,
including proposed allocations for fiscal year 2016.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5318,
5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended
by Public Law 112-141, and section 20005(b) of Public Law
112-141, $9,500,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available
until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49
U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6),
5335, 5337, 5339, and 5340, as amended by Public Law 112-141,
and section 20005(b) of Public Law 112-141, shall not exceed
total obligations of $8,595,000,000 in fiscal year 2015.
transit research
For necessary expenses to carry out 49 U.S.C. 5312 and
5313, $33,000,000, to remain available until expended:
Provided, That $30,000,000 shall be for activities authorized
under 49 U.S.C. 5312 and $3,000,000 shall be for activities
authorized under 49 U.S.C. 5313.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314 and
5322(a), (b) and (e), $4,500,000, to remain available until
expended: Provided, That $4,000,000 shall be for activities
authorized under 49 U.S.C. 5314 and $500,000 shall be for
activities authorized under 49 U.S.C. 5322(a), (b) and (e).
capital investment grants
(including rescission of funds)
For necessary expenses to carry out 49 U.S.C. 5309,
$2,120,000,000, to remain available until expended:
Provided, That when distributing funds among Recommended New
Starts Projects, the Administrator shall first fully fund
those projects covered by a full funding grant agreement,
then fully fund those projects whose section 5309 share is
less than 40 percent, and then distribute the remaining funds
so as to protect as much as possible the projects' budgets
and schedules: Provided further, That of the unobligated
amounts available for the Capital Investment Grants program,
$121,546,138 is hereby rescinded.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall certify that the Washington Metropolitan Area
Transit Authority is making significant progress in
eliminating the material weaknesses, significant
deficiencies, and minor control deficiencies identified in
the most recent Financial Management Oversight Review:
Provided further, That the Secretary shall determine that the
Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the
safety of the system before approving such grants: Provided
further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of
section 601(e)(1) of title VI of Public Law 110-432 (112
Stat. 4968).
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2019, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2014, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. The Secretary may not enforce regulations
related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that
during fiscal year 2008 was both initially granted a 60-day
period to come into compliance with part 604, and then was
subsequently granted an exception from said part.
Sec. 164. For purposes of applying the project
justification and local financial commitment criteria of 49
U.S.C. 5309(d) to a New Starts project, the Secretary may
consider the costs and ridership of any connected project in
an instance in which private parties are making significant
financial contributions to the construction of the connected
project; additionally, the Secretary may consider the
significant financial contributions of private parties to the
connected project in calculating the non-Federal share of net
capital project costs for the New Starts project.
Sec. 165. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 60 percent.
Sec. 166. None of the funds in this or any other Act may
be available to advance in any way a new light or heavy rail
project towards a full funding grant agreement as defined by
49 U.S.C. 5309 for the Metropolitan Transit Authority of
Harris County, Texas if the proposed capital project is
constructed on or planned to be constructed on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
Sec. 167. In developing guidance implementing 49 U.S.C.
5309(i) Program of Interrelated Projects, the Secretary shall
consider projects eligible under section 5309(h) Small Starts
Projects, including streetcars.
Sec. 168. Of the unobligated balance of amounts made
available for fiscal year 2011 or prior fiscal years to carry
out the discretionary bus and bus facilities program under 49
U.S.C. 5309, $27,989,839 shall be used for new bus rapid
transit projects recommended, in the President's fiscal year
2015 budget request, to be funded under the heading
``Department of Transportation-Federal Transit
Administration-Capital Investment Grants'': Provided, That
all such projects shall remain subject to the requirements of
49 U.S.C. 5309 for New Starts, Small Starts, or Core Capacity
projects, as applicable, under the Capital Investment Grants
Program: Provided further, That such funds shall be in
addition to the amounts otherwise made available by this Act
for ``Department of Transportation-Federal Transit
Administration-Capital Investment Grants''.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be
[[Page H9244]]
necessary in carrying out the programs set forth in the
Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $32,042,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $186,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $148,050,000, of which
$11,300,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain available
through September 30, 2016, for the Student Incentive Program
at State Maritime Academies, and of which $1,200,000 shall
remain available until expended for training ship fuel
assistance payments, and of which $15,000,000 shall remain
available until expended for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy: Provided, That amounts
apportioned for the United States Merchant Marine Academy
shall be available only upon allotments made personally by
the Secretary of Transportation or the Assistant Secretary
for Budget and Programs: Provided further, That the
Superintendent, Deputy Superintendent and the Director of the
Office of Resource Management of the United States Merchant
Marine Academy may not be allotment holders for the United
States Merchant Marine Academy, and the Administrator of the
Maritime Administration shall hold all allotments made by the
Secretary of Transportation or the Assistant Secretary for
Budget and Programs under the previous proviso: Provided
further, That 50 percent of the funding made available for
the United States Merchant Marine Academy under this heading
shall be available only after the Secretary, in consultation
with the Superintendent and the Maritime Administrator,
completes a plan detailing by program or activity how such
funding will be expended at the Academy, and this plan is
submitted to the House and Senate Committees on
Appropriations: Provided further, That not later than
January 12, 2015, the Administrator of the Maritime
Administration shall transmit to Congress the biennial survey
and report on sexual assault and sexual harassment at the
United States Merchant Marine Academy as required pursuant to
section 3507 of Public Law 110-417.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For necessary administrative expenses of the maritime
guaranteed loan program, $3,100,000 shall be paid to the
appropriations for ``Maritime Administration-Operations and
Training''.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration: Provided, That payments received therefor
shall be credited to the appropriation charged with the cost
thereof and shall remain available until expended: Provided
further, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services,
or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration
to negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National
Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work
will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106-398:
Provided further, That nothing contained herein shall affect
the Maritime Administration's authority to award contracts at
least cost to the Federal Government and consistent with the
requirements of 16 U.S.C. 5405(c), section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $22,225,000:
Provided, That $1,500,000 shall be transferred to ``Pipeline
Safety'' in order to fund ``Pipeline Safety Information
Grants to Communities'' as authorized under section 60130 of
title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $52,000,000, of which $7,000,000 shall
remain available until September 30, 2017: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
(pipeline safety design review fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $146,000,000, of which $19,500,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2017; and of which
$124,500,000 shall be derived from the Pipeline Safety Fund,
of which $66,309,000 shall remain available until September
30, 2017; and of which $2,000,000, to remain available until
expended, shall be derived from the Pipeline Safety Design
Review Fund as authorized in 49 U.S.C. 60117(n): Provided,
That not less than $1,058,000 of the funds provided under
this heading shall be for the One-Call state grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carryout 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2016: Provided, That
notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall be made
available for obligation in fiscal year 2015 from amounts
made available by 49 U.S.C. 5116(i), and 5128(b) and (c):
Provided further, That notwithstanding 49 U.S.C. 5116(i)(4),
not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs:
Provided further, That none of the funds made available by 49
U.S.C. 5116(i), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his or her designee: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the
current year obligation limitation, prior year recoveries
recognized in the current year shall be available to develop
a hazardous materials response training curriculum for
emergency responders, including response activities for the
transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(b) and (j).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $86,223,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department: Provided further, That the
funds made available under this heading may be used to
investigate, pursuant to section 41712 of title 49, United
States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers
and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this
proviso: Provided further, That hereafter funds transferred
to the Office of the Inspector General through forfeiture
proceedings or from the Department of Justice Assets
Forfeiture Fund or the Department of the Treasury Forfeiture
Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the
Office of Inspector General participates, or through the
granting of a Petition for Remission or Mitigation, shall be
deposited to the credit of this account for law enforcement
activities authorized under the Inspector General Act of
1978, as amended, to remain available until expended.
[[Page H9245]]
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,375,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2015, to result in a final appropriation from the
general fund estimated at no more than $30,125,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Technical Assistance and Training''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, or grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
project competitively selected to receive a discretionary
grant award, any discretionary grant award, letter of intent,
loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by
the department or its modal administrations from:
(1) any discretionary grant or federal credit program of
the Federal Highway Administration including the emergency
relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act: Provided, That the
Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release''
of funds from the emergency relief program: Provided
further, That no notification shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the Committees on Appropriations, and said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 191. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2015''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,500,000: Provided,
That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $518,100,000, of which not to exceed
$47,000,000 shall be available for the Office of the Chief
Financial Officer; not to exceed $94,000,000 shall be
available for the Office of the General Counsel; not to
exceed $200,000,000 shall be available for the Office of
Administration; not to exceed $57,000,000 shall be available
for the Office of the Chief Human Capital Officer; not to
exceed $50,000,000 shall be available for the Office of Field
Policy and Management; not to exceed $16,500,000 shall be
available for the Office of the Chief Procurement Officer;
not to exceed $3,200,000 shall be available for the Office of
Departmental Equal Employment Opportunity; not to exceed
$4,400,000 shall be available for the Office of Strategic
Planning and Management; and not to exceed $46,000,000 shall
be available for the Office of the Chief Information Officer:
Provided, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities
[[Page H9246]]
that support the housing mission area: Provided further,
That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further,
That the Secretary shall provide in electronic form all
signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $203,000,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $102,000,000.
housing
For necessary salaries and expenses of the Office of
Housing, $379,000,000, of which at least $9,000,000 shall be
for the Office of Risk and Regulatory Affairs.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $22,700,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $68,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $6,700,000.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,304,160,000, to remain available until expended, shall be
available on October 1, 2014 (in addition to the
$4,000,000,000 previously appropriated under this heading
that became available on October 1, 2014), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2015: Provided, That the amounts
made available under this heading are provided as follows:
(1) $17,486,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2015 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI,
and Choice Neighborhoods vouchers: Provided further, That in
determining calendar year 2015 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of
changes in targeting and utility allowances, on public
housing agencies' contract renewal needs: Provided further,
That none of the funds provided under this paragraph may be
used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2015: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2015 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD held programmatic reserves (in accordance with
VMS data in calendar year 2014 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2015 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $120,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the 12-month period in order to
be available to meet a commitment pursuant to section
8(o)(13) of the Act; (3) for adjustments for costs associated
with HUD-Veterans Affairs Supportive Housing (HUD-VASH)
vouchers; (4) for adjustments for public housing agencies
with voucher leasing rates at the end of the calendar year
that exceed the average leasing for the 12-month period used
to establish the allocation, and for additional leasing of
vouchers that were issued but not leased prior to the end of
such calendar year; and (5) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental
assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may
only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result of
(1) the maturity of a HUD-insured, HUD-held or section 202
loan that requires the permission of the Secretary prior to
loan prepayment; (2) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (3) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households within 120 days of the enactment
of this Act: Provided further, That any tenant protection
voucher made available from amounts under this paragraph
shall not be reissued by any public housing agency, except
the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary, for
the purpose under this paragraph, may use unobligated
balances, including recaptures and carryovers, remaining from
amounts appropriated in prior fiscal years under this heading
for voucher assistance for nonelderly disabled families and
for disaster assistance made available under Public Law 110-
329;
(3) $1,530,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster
[[Page H9247]]
related vouchers, Veterans Affairs Supportive Housing
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $1,520,000,000 of the amount
provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2015 funding cycle
based on section 8(q) of the Act (and related Appropriation
Act provisions) as in effect immediately before the enactment
of the Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the amounts
made available under this paragraph are insufficient to pay
the amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to agencies by a
uniform percentage applicable to all agencies receiving
funding under this paragraph or may, to the extent necessary
to provide full payment of amounts determined under the
previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $83,160,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading;
(5) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That the
Secretary shall set aside an amount provided under this
paragraph for a rental assistance and supportive housing
demonstration program for Native American veterans that are
homeless or at-risk of homelessness living on or near a
reservation or other Indian areas: Provided further, That
such demonstration program shall be modeled after, with
necessary and appropriate adjustments for Native American
grant recipients and veterans, the rental assistance and
supportive housing program funded under this paragraph,
including administration in conjunction with the Department
of Veterans Affairs and overall implementation of section
8(o)(19) of the Act: Provided further, That amounts for
rental assistance and associated administrative costs shall
be made available by grants to recipients eligible to receive
block grants under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. section 4101 et
seq.): Provided further, That funds shall be awarded based
on need, administrative capacity, and any other funding
criteria established by the Secretary in a Notice published
in the Federal Register after coordination with the Secretary
of the Department of Veterans Affairs within 180 days of
enactment of this Act: Provided further, That such rental
assistance shall be administered by block grant recipients in
accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996: Provided further, That the first and second provisos
under this paragraph shall apply to use of funds made
available for this demonstration, as appropriate: Provided
further, That the Secretary, in coordination with the
Secretary of the Department of Veterans Affairs, shall
coordinate with block grant recipients and any other
appropriate tribal organizations on the design of such
demonstration and shall ensure the effective delivery of
supportive services to Native American veterans that are
homeless or at-risk of homelessness eligible to receive
assistance under this demonstration: Provided further, That
grant recipients shall report to the Secretary, as prescribed
by the Secretary, utilization of such rental assistance
provided under this demonstration: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over; and
(6) The Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2015 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$1,875,000,000, to remain available until September 30, 2018:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2015 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $5,000,000 shall
be to support ongoing Public Housing Financial and Physical
Assessment activities: Provided further, That up to
$3,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$23,000,000 shall be available for the Secretary to make
grants, notwithstanding section 204 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2015:
Provided further, That of the amount made available under the
previous proviso, not less than $6,000,000 shall be for
safety and security measures: Provided further, That of the
total amount provided under this heading $45,000,000 shall be
for supportive services, service coordinator and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this
heading, up to $15,000,000 may be used for incentives as part
of a Jobs-Plus Pilot initiative modeled after the Jobs-Plus
demonstration: Provided further, That the funding provided
under the previous proviso shall provide competitive grants
to partnerships between public housing authorities, local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998, and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may set aside a portion of the
funds provided for the Resident Opportunity and Self-
Sufficiency program to support the services element of the
Jobs-Plus Pilot initiative: Provided further, That the
Secretary may allow PHAs to request exemptions from rent and
income limitation requirements under sections 3 and 6 of the
United States Housing Act of 1937 as necessary to implement
the Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus Pilot
initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or
[[Page H9248]]
alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice:
Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That from the funds
made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2015 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act.
public housing operating fund
For 2015 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,440,000,000.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $80,000,000, to
remain available until September 30, 2017: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall undertake comprehensive local planning with
input from residents and the community, and that grantees
shall provide a match in State, local, other Federal or
private funds: Provided further, That grantees may include
local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $50,000,000 shall be awarded to public housing
authorities: Provided further, That such grantees shall
create partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or
implementing other revitalization efforts in conjunction with
community notice and input: Provided further, That the
Secretary shall develop and publish guidelines for the use of
such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000, to remain
available until September 30, 2016: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program:
Provided further, That the Secretary may carry out a
demonstration testing the effectiveness of combining vouchers
for homeless youth under the Family Unification Program
authorized under section 8(x) of the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) (``the Act'' herein)
with assistance under the Family Self-Sufficiency program
authorized under section 23 of the Act: Provided further,
That the Secretary may establish alternative requirements to
those contained in section 8(x) of the Act to facilitate such
a demonstration: Provided further, That any public housing
agency that has existing Family Unification Program vouchers
and an established Family Self-Sufficiency program may
participate in such demonstration provided that they can
demonstrate (1) an agreement with the public child welfare
agency or agencies to serve the target population; (2)
capacity to serve the target population; (3) the success of
the agency's existing Family Self-Sufficiency program in
serving residents; (4) partnerships with local organizations
that serve homeless youth; and (5) any other factors
established by the Secretary: Provided further, That the
Secretary shall monitor and evaluate the demonstration and
report on whether the demonstration helped homeless youth
achieve self-sufficiency.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $650,000,000, to remain available until
September 30, 2019: Provided, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act
of 1996, to determine the amount of the allocation under
title I of such Act for each Indian tribe, the Secretary
shall apply the formula under section 302 of such Act with
the need component based on single-race census data and with
the need component based on multi-race census data, and the
amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation amounts: Provided
further, That of the amounts made available under this
heading, $3,500,000 shall be contracted for assistance for
national or regional organizations representing Native
American housing interests for providing training and
technical assistance to Indian housing authorities and
tribally designated housing entities as authorized under
NAHASDA: Provided further, That of the funds made available
under the previous proviso, not less than $2,000,000 shall be
made available for a national organization as authorized
under section 703 of NAHASDA (25 U.S.C. 4212): Provided
further, That of the amounts made available under this
heading, $2,000,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and
management of such Indian housing and tenant-based
assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$16,530,000: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $9,000,000, to remain available until September 30,
2019: Provided, That of this amount, $300,000 shall be for
training and technical assistance activities, including up to
$100,000 for related travel by Hawaii-based employees of the
Department of Housing and Urban Development.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $7,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $744,047,000, to
remain available until expended: Provided further, That up
to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b) and for such costs for loans used for
refinancing, $100,000, to remain
[[Page H9249]]
available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, up to $16,130,000, to remain available until
expended.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $330,000,000, to remain
available until September 30, 2016, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2017: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(3) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,066,000,000, to remain
available until September 30, 2017, unless otherwise
specified: Provided, That of the total amount provided,
$3,000,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subparagraph (e)(2): Provided further, That none of
the funds made available under this heading may be used for
grants for the Economic Development Initiative (``EDI'') or
Neighborhood Initiatives activities, Rural Innovation Fund,
or for grants pursuant to section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307): Provided
further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act:
Provided further, That $66,000,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act,
of which, notwithstanding any other provision of law
(including section 204 of this Act), up to $3,960,000 may be
used for emergencies that constitute imminent threats to
health and safety: Provided further, That of the amounts
made available under the previous proviso, $6,000,000 shall
be for grants for mold remediation and prevention that shall
be awarded through one national competition to Native
American tribes with the greatest need.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2015, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$500,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $900,000,000, to remain available
until September 30, 2018: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2
through 6 under this heading for fiscal year 2012 and such
requirements applicable pursuant to the ``Full-Year
Continuing Appropriations Act, 2013'', shall not apply to any
project to which funds were committed on or after August 23,
2013, but such projects shall instead be governed by the
Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property
Standards'' which became effective on such date: Provided
further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$50,000,000, to remain available until September 30, 2017:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $35,000,000
shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be made available for
rural capacity building activities: Provided further, That
$5,000,000 shall be made available for capacity building by
national rural housing organizations with experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofits, local governments and Indian Tribes serving
high need rural communities.
homeless assistance grants
For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
rural housing stability assistance program as authorized
under subtitle D of title IV of such Act, $2,135,000,000, to
remain available until September 30, 2017: Provided, That
any rental assistance amounts that are recaptured under such
continuum of care program shall remain available until
expended: Provided further, That not less than $250,000,000
of the funds appropriated under this heading shall be
available for such emergency solutions grants program:
Provided further, That not less than $1,862,000,000 of the
funds appropriated under this heading shall be available for
such continuum of care and rural housing stability assistance
programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That all funds awarded for supportive services under
the continuum of care program and the rural housing stability
assistance program shall be matched by not less than 25
percent in cash or in kind by each grantee: Provided
further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a
source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That the Secretary may renew on an
annual basis expiring contracts or amendments to contracts
funded under the continuum of care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements, performance
measures, and financial standards, as determined by the
Secretary: Provided further, That all awards of assistance
under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible: Provided further, That with
respect to funds provided under this heading for the
continuum of care program for fiscal years 2012, 2013, 2014,
and 2015 provision of permanent housing rental assistance may
be administered by private nonprofit organizations: Provided
further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may
represent initial or final amounts allocated) for the
emergency solutions grant program within 60 days of enactment
of this Act.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $9,330,000,000, to remain available until
expended, shall be available on October 1, 2014 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2014), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2015: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of
[[Page H9250]]
1990, and for administrative and other expenses associated
with project-based activities and assistance funded under
this paragraph: Provided further, That of the total amounts
provided under this heading, not to exceed $210,000,000 shall
be available for performance-based contract administrators
for section 8 project-based assistance, for carrying out 42
U.S.C. 1437(f): Provided further, That the Secretary of
Housing and Urban Development may also use such amounts in
the previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that
surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for
the elderly, as authorized by section 202 of the Housing Act
of 1959, as amended, and for project rental assistance for
the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year
term, and for senior preservation rental assistance
contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act
of 2000, as amended, and for supportive services associated
with the housing, $420,000,000 to remain available until
September 30, 2018: Provided, That of the amount provided
under this heading, up to $70,000,000 shall be for service
coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be
available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, up to
$16,000,000 in any such excess amounts shall be remitted to
the Department and deposited in this account, to be available
until September 30, 2018, for purposes under this heading,
and shall be in addition to the amounts otherwise provided
under this heading for such purposes.
housing for persons with disabilities
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under
section 811(d)(2) of such Act and for project assistance
contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments
to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies
and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Housing Act, and
for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1)
of such Act, $135,000,000, to remain available until
September 30, 2018: Provided, That amounts made available
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 811 project rental assistance contract
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be
available until September 30, 2018: Provided further, That
amounts deposited in this account pursuant to the previous
proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading may be used for the current purposes authorized
under this heading notwithstanding the purposes for which
such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $47,000,000, to
remain available until September 30, 2016, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management/literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements as is
appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$18,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $10,000,000, to remain
available until expended, of which $10,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2015 so as to result in a
final fiscal year 2015 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2015 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2016: Provided, That during fiscal year 2015, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$20,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2016: Provided further, That
to the extent guaranteed
[[Page H9251]]
loan commitments exceed $200,000,000,000 on or before April
1, 2015, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
general and special risk program account
(including rescission)
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2016: Provided, That
during fiscal year 2015, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $20,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act: Provided further, That
$10,000,000 previously provided under this heading is hereby
permanently rescinded.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2016: Provided, That $23,000,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments will and do exceed
$155,000,000,000 on or before April 1, 2015, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $72,000,000, to remain available until
September 30, 2016, of which $22,000,000 shall be for
technical assistance: Provided, That with respect to amounts
made available under this heading, notwithstanding section
204 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect
to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward
the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) with respect to documentation of award
decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a
plan, for approval, to the House and Senate Committees on
Appropriations on how it will allocate funding for this
activity.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2016, of which $40,100,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $110,000,000, to remain available
until September 30, 2016: Provided, That up to $15,000,000
of that amount shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards: Provided further, That
for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of the law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That of the total amount made available
under this heading, $45,000,000 shall be made available on a
competitive basis for areas with the highest lead paint
abatement needs: Provided further, That each recipient of
funds provided under the third proviso shall make a matching
contribution in an amount not less than 25 percent: Provided
further, That each applicant shall certify adequate capacity
that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability:
Provided further, That amounts made available under this
heading in this or prior appropriations Acts, and that still
remain available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts
were appropriated if a program competition is undersubscribed
and there are other program competitions under this heading
that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $250,000,000, which shall remain available until
September 30, 2016: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $126,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2015 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Sections 203 and 209 of division C of Public Law
112-55 (125 Stat. 693-694) shall apply during fiscal year
2015 as if such sections were included in this title, except
that during such fiscal year such sections shall be applied
by substituting ``fiscal year 2015'' for ``fiscal year 2011''
and for ``fiscal year 2012'' each place such terms appear,
and shall be amended to reflect revised delineations of
statistical areas established by the Office of Management and
Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d),
and Executive Order No. 10253.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or
[[Page H9252]]
other assistance made pursuant to title II of this Act shall
be made on a competitive basis and in accordance with section
102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2015
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. The President's formal budget request for fiscal
year 2016, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 210. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, and the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 211. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2015 and 2016, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: the
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: the
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
[[Page H9253]]
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than
30 days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect
of such transfers on the operational efficiency, contract
rents, physical and financial conditions, and long-term
preservation of the affected properties.
Sec. 213. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 214. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 215. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2015, insure and enter
into commitments to insure mortgages under such section 255.
Sec. 216. Notwithstanding any other provision of law, in
fiscal year 2015, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 217. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities
in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974:
Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 218. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 219. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 220. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'', ``Government
National Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 221. The Secretary of Housing and Urban Development
shall report annually to the House and Senate Committees on
Appropriations on the status of all section 8 project-based
housing, including the number of all project-based units by
region as well as an analysis of all federally subsidized
housing being refinanced under the Mark-to-Market program.
The Secretary shall identify all existing units maintained by
region as section 8 project-based units, all project-based
units that have opted out or have otherwise been eliminated,
and the reasons these units opted out or otherwise were lost
as section 8 project-based units.
Sec. 222. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2015, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2015, the Secretary may make the NOFA available only on the
Internet at the appropriate Government Web site or through
other electronic media, as determined by the Secretary.
Sec. 223. Payment of attorney fees in program-related
litigation must be paid from the individual program office
and Office of General Counsel personnel funding. The annual
budget submissions for program offices and Office of General
Counsel personnel funding must include program-related
litigation costs for attorney fees as a separate line item
request.
Sec. 224. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent
or $5,000,000, whichever is less, of the funds appropriated
for any office funded under the heading ``Administrative
Support Offices'' to any other office funded under such
heading: Provided, That no appropriation for any office
funded under the heading ``Administrative Support Offices''
shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary is authorized to
transfer up to 5 percent or $5,000,000, whichever is less, of
the funds appropriated for any account funded under the
general heading ``Program Office Salaries and Expenses'' to
any other account funded under such heading: Provided
further, That no appropriation for any account funded under
the general heading ``Program Office Salaries and Expenses''
shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary may transfer funds made
available for salaries and expenses between any office funded
under the heading ``Administrative Support Offices'' and any
account funded under the general heading ``Program Office
Salaries and Expenses'', but only with the prior written
approval of the House and Senate Committees on
Appropriations.
Sec. 225. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 226. (a) The Secretary of Housing and Urban
Development shall take the required actions under subsection
(b) when a multifamily housing project with a section 8
contract or contract for similar project-based assistance:
[[Page H9254]]
(1) receives a Real Estate Assessment Center (REAC) score
of 30 or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days that
all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions
as authorized under subsection (a)--
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations
remain, the Secretary shall develop a Compliance, Disposition
and Enforcement Plan within 60 days, with a specified
timetable for correcting all deficiencies. The Secretary
shall provide notice of the Plan to the owner, tenants, the
local government, any mortgagees, and any contract
administrator.
(2) At the end of the term of the Compliance, Disposition
and Enforcement Plan, if the owner fails to fully comply with
such plan, the Secretary may require immediate replacement of
project management with a management agent approved by the
Secretary, and shall take one or more of the following
actions, and provide additional notice of those actions to
the owner and the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered; or
(D) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies.
(c) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
the property is not feasible for continued rental assistance
payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary
shall report semi-annually on all properties covered by this
section that are assessed through the Real Estate Assessment
Center and have physical inspection scores of less than 30 or
have consecutive physical inspection scores of less than 60.
The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 227. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2015.
Sec. 228. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the
Department of Housing and Urban Development.
Sec. 229. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2015.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2015.''.
Sec. 230. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 231. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$2,500,000 may be transferred to and merged with amounts made
available in the ``Information Technology Fund'' account
under this title.
Sec. 232. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act (MAHRA) of 1997 (42 U.S.C. 1437f
note) is amended by striking ``October 1, 2015'' each place
it appears and inserting in lieu thereof ``October 1, 2017''.
Sec. 233. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 234. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban
Development Appropriations Act, 2012 (Public Law 112-55), is
amended--
(1) by striking ``(except for funds allocated under such
section for single room occupancy dwellings as authorized by
title IV of the McKinney-Vento Homeless Assistance Act)'' in
both places it appears;
(2) in the second proviso, by striking ``2015'' and
inserting ``2018'';
(3) in the third proviso, after ``associated with such
conversion'', by inserting ``in excess of amounts made
available under this heading'';
(4) in the fourth proviso, by striking ``60,000'' and
inserting ``185,000'';
(5) in the penultimate proviso, by--
(A) striking ``for fiscal years 2012 through December 31,
2014'' ;
(B) striking ``and agreement of the administering public
housing agency''; and
(C) inserting ``a long-term project-based subsidy contract
under section 8 of the Act, which shall have a term of no
less than 20 years, with rent adjustments only by an
operating cost factor established by the Secretary, which
shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note), or, subject to agreement of the
administering public housing agency, to assistance under''
following ``vouchers to assistance under'';
(6) by inserting the following provisos before the final
proviso: ``Provided further, That amounts made available
under the heading `Rental Housing Assistance' during the
period of conversion under the previous proviso, which may
extend beyond fiscal year 2016 as necessary to allow
processing of all timely applications, shall be available for
project-based subsidy contracts entered into pursuant to the
previous proviso: Provided further, That amounts, including
contract authority, recaptured from contracts following a
conversion under the previous two provisos are hereby
rescinded and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended for such conversions:
Provided further, That the Secretary may transfer amounts
made available under the heading `Rental Housing Assistance',
amounts made available for tenant protection vouchers under
the heading `Tenant-Based Rental Assistance' and specifically
associated with any such conversions, and amounts made
available under the previous proviso as needed to the account
under the `Project-Based Rental Assistance' heading to
facilitate conversion under the three previous provisos and
any increase in cost for `Project-Based Rental Assistance'
associated with such conversion shall be equal to amounts so
transferred:''; and
(7) in the final proviso, by--
(A) striking ``with respect to the previous proviso'' and
inserting ``with respect to the previous four provisos''; and
(B) striking ``impact of the previous proviso'' and
inserting ``impact of the fiscal year 2012 and 2013
conversion of tenant protection vouchers to assistance under
section 8(o)(13) of the Act''.
Sec. 235. None of the funds made available by this Act nor
any receipts or amounts collected under any Federal Housing
Administration program may be used to implement the
Homeowners Armed with Knowledge (HAWK) program.
Sec. 236. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a state, municipality, or any
other political subdivision of a state.
Sec. 237. All unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under the heading
``Brownfields Redevelopment'' are hereby permanently
rescinded: Provided, That all unobligated balances,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban
Development under the heading ``Drug Elimination Grants for
Low
[[Page H9255]]
Income Housing'' are hereby permanently rescinded: Provided
further, That all unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development for Youthbuild
program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act are
hereby permanently rescinded.
Sec. 238. Clause (i) of section 3(a)(2)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)(B)(i)), as
amended by section 210 of the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2014 (division L of Public Law 113-76; 128 Stat. 625), is
amended--
(1) by striking ``which shall not be lower'' in the matter
preceding subclause (I) and all that follows through the end
of subclause (I) and inserting the following: ``which--
``(I) shall not be lower than 80 percent of--
``(aa) the applicable fair market rental established under
section 8(c) of this Act; or
``(bb) at the discretion of the Secretary, such other
applicable fair market rental established by the Secretary
that the Secretary determines more accurately reflects local
market conditions and is based on an applicable market area
that is geographically smaller than the applicable market
area used for purposes of the applicable fair market rental
under section 8(c);
except that a public housing agency may apply to the
Secretary for exception allowing for a flat rental amount for
a property that is lower than the amount otherwise determined
pursuant to item (aa) or (bb) and the Secretary may grant
such exception if the Secretary determines that the fair
market rental for the applicable market area pursuant to item
(aa) or (bb) does not reflect the market value of the
property and the proposed lower flat rental amount is based
on a market analysis of the applicable market and complies
with subclause (II) and'';
(2) in subclause (II), by inserting ``shall'' before ``be
designed''; and
(3) in the matter after and below subclause (II), by
striking ``Public housing agencies must comply by June 1,
2014, with the requirement of this clause, except that if''
and inserting ``If''.
Sec. 239. None of the funds made available by this Act may
be used to require the relocation, or to carry out any
required relocation, of any asset management positions of the
Office of Multifamily Housing of the Department of Housing
and Urban Development in existence as of the date of the
enactment of this Act.
Sec. 240. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 241. Section 184(h)(1)(B) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-
13a(h)(1)(B)) is amended by inserting after the first
sentence the following: ``Exhausting all reasonable
possibilities of collection by the holder of the guarantee
shall include a good faith consideration of loan modification
as well as meeting standards for servicing loans in default,
as determined by the Secretary.''.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2015''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,548,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$25,660,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,999,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget
request for fiscal year 2016, the Inspector General shall
submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2016 in similar format and
substance to those submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$103,981,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $135,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That in addition, $50,000,000 shall be made
available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities,
under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC'')
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with
match to be determined by the NRC based on affordability and
the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely
to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of mortgage foreclosure mitigation assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as a conflict of interest or have the appearance of
impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling),
[[Page H9256]]
loan workout agreements and loan modification agreements. NRC
may use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $2,500,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for the NRC to carry out activities
provided under this section.
(8) Of the total amount made available under this
paragraph, up to $4,000,000 may be used for wind-down and
closeout of the mortgage foreclosure mitigation activities
program.
(9) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by the NRC.
(10) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,530,000. Title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11319) is amended by striking
``October 1, 2016'' in section 209 and inserting ``October 1,
2017''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2015, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include:
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2015 from
appropriations made available for salaries and expenses for
fiscal year 2015 in this Act, shall remain available through
September 30, 2016, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfields as defined in the Small Business Liability
Relief and Brownsfield Revitalization Act (Public Law 107-
118) shall be considered a public use for purposes of eminent
domain.
Sec. 408. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2015. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
Sec. 409. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 410. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 411. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 412. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 413. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 414. None of the funds made available by this Act may
be used in contravention of the 5th or 14th Amendment to the
Constitution or title VI of the Civil Rights Act of 1964.
[[Page H9257]]
Sec. 415. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 416. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration's National Roadside Survey.
Sec. 417. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Sec. 418. None of the funds made available in this Act may
be used by the Federal Transit Administration to implement,
administer, or enforce section 18.36(c)(2) of title 49, Code
of Federal Regulations, for construction hiring purposes.
Sec. 419. None of the funds made available by this Act may
be used to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 420. It is the sense of the Congress that the
Congress should not pass any legislation that authorizes
spending cuts that would increase poverty in the United
States.
Sec. 421. All agencies and departments funded by the Act
shall send to Congress at the end of the fiscal year a report
containing a complete inventory of the total number of
vehicles owned, leased, permanently retired, and purchased
during fiscal year 2015, as well as the total cost of the
vehicle fleet, including maintenance, fuel, storage,
purchasing, and leasing.
Sec. 422. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the Committees on
Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 423. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committee in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 424. Any Federal agency or department that is funded
under this Act shall respond to any recommendation made to
such agency or department by the Government Accountability
Office in a timely manner.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2015''.
DIVISION L--FURTHER CONTINUING APPROPRIATIONS, 2015
Sec. 101. The Continuing Appropriations Resolution, 2015
(Public Law 113-164) is amended by--
(1) striking the date specified in section 106(3) and
inserting ``February 27, 2015'';
(2) striking ``the date specified in section 106(3) of this
joint resolution'' in section 144 and inserting ``December
11, 2014''; and
(3) adding after section 149 the following new sections:
``Sec. 150. (a) Amounts made available by section 101 for
`Department of Homeland Security--United States Secret
Service--Salaries and Expenses' shall be obligated at a rate
for operations necessary for Presidential candidate nominee
protection.
``(b) The Secretary of Homeland Security shall notify the
Committees on Appropriations of the House of Representatives
and the Senate on each use of the authority provided in this
section.
``Sec. 151. The Department of Homeland Security shall
continue preparations to award the construction contract for
the National Bio- and Agro-defense Facility by May 1,
2015.''.
Sec. 102. (a) Section 44302(f) of title 49, United States
Code, is amended by striking ``the date specified in section
106(3) of the Continuing Appropriations Resolution, 2015''
and inserting ``December 11, 2014''.
(b) Section 44303(b) of title 49, United States Code, is
amended by striking ``the date specified in section 106(3) of
the Continuing Appropriations Resolution, 2015'' and
inserting ``December 11, 2014''.
(c) Section 44310(a) of title 49, United States Code, is
amended by striking ``the date specified in section 106(3) of
the Continuing Appropriations Resolution, 2015'' and
inserting ``December 11, 2014''.
DIVISION M--EXPATRIATE HEALTH COVERAGE CLARIFICATION ACT OF 2014
SECTION 1. SHORT TITLE.
This division may be cited as the ``Expatriate Health
Coverage Clarification Act of 2014''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) American expatriate health insurance companies should
be permitted to compete on a level playing field in the
global marketplace;
(2) the global competitiveness of American companies should
be encouraged; and
(3) in implementing the health insurance provider fee under
section 9010 of the Patient Protection and Affordable Care
Act (Public Law 111-148; 26 U.S.C. 4001 note prec.) and other
provisions of such Act and title I and subtitle B of title II
of the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), the Secretary of the Treasury,
Secretary of Health and Human Services, and Secretary of
Labor should continue to recognize the unique and
multinational features of expatriate health plans and the
United States companies that operate such plans and the
competitive pressures of such plans and companies.
SEC. 3. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.
(a) In General.--Subject to subsection (b), the provisions
of (including any amendment made by) the Patient Protection
and Affordable Care Act (Public Law 111-148) and of title I
and subtitle B of title II of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152) shall not
apply with respect to--
(1) expatriate health plans;
(2) employers with respect to such plans, solely in their
capacity as plan sponsors for such plans; or
(3) expatriate health insurance issuers with respect to
coverage offered by such issuers under such plans.
(b) Minimum Essential Coverage and Reporting
Requirements.--
(1) In general.--For the purpose of section 5000A(f) of the
Internal Revenue Code of 1986, and any other section of the
Internal Revenue Code of 1986 that incorporates the
definition of minimum essential coverage under such section
5000A(f) by reference:
(A) An expatriate health plan offered to primary enrollees
who are described in subsections (d)(3)(A) and (d)(3)(B) of
this section shall be treated as an eligible employer
sponsored plan under 5000A(f)(2) of such Code.
(B) An expatriate health plan offered to primary enrollees
who are described in subsection (d)(3)(C) of this section
shall be treated as a plan in the individual market under
section 5000A(f)(1)(C) of such Code. This subparagraph shall
apply solely for the purposes of sections 36B, 5000A, and
6055 of such Code.
(2) Exception.--Subsection (a) shall not apply with respect
to section 6055 of the Internal Revenue Code of 1986, or
sections 4980H and 6056 of such Code in the case of an
applicable large employer (as defined in section 4980H of
such Code), except that statements furnished to individuals
may be provided through electronic media and the primary
insured shall be deemed to have consented to receive the
statements under such sections in electronic form, unless the
individual explicitly refuses such consent. Notwithstanding
subsection (a), section 4980I of the Internal Revenue Code of
1986 shall continue to apply with respect to applicable
employer-sponsored coverage (as defined in such section) of a
qualified expatriate described in section 3(d)(3)(A)(i) who
is assigned (rather than transferred) to work in the United
States.
(c) Qualified Expatriates, Spouses, and Dependents Not
United States Health Risk.--
(1) In general.--For purposes of section 9010 of the
Patient Protection and Affordable Care Act (26 U.S.C. 4001
note prec.), for calendar years after 2015, a qualified
expatriate (and any spouse, dependent, or any other
individual enrolled in the plan) enrolled in an expatriate
health plan shall not be considered a United States health
risk.
(2) Special rule.--Notwithstanding paragraph (1), the fee
under section 9010 of such Act for each of calendar years
2014 and 2015 with respect to any expatriate health insurance
issuer shall be the amount which bears the same ratio to the
fee amount determined by the Secretary of the Treasury with
respect to such issuer under such section for each such year
(determined without regard to this paragraph) as--
(A) the amount of premiums taken into account under such
section with respect to such issuer for each such year, less
the amount of premiums for expatriate health
[[Page H9258]]
plans taken into account under such section with respect to
such issuer for each such year, bears to
(B) the amount of premiums taken into account under such
section with respect to such issuer for each such year.
(d) Definitions.--In this section:
(1) Expatriate health insurance issuer.--The term
``expatriate health insurance issuer'' means a health
insurance issuer that issues expatriate health plans.
(2) Expatriate health plan.--The term ``expatriate health
plan'' means a group health plan, health insurance coverage
offered in connection with a group health plan, or health
insurance coverage offered to a group of individuals
described in paragraph (3)(C) (which may include spouses,
dependents, and other individuals enrolled in the plan) that
meets each of the following standards:
(A) Substantially all of the primary enrollees in such plan
or coverage are qualified expatriates with respect to such
plan or coverage. In applying the previous sentence, an
individual shall not be considered a primary enrollee if the
individual is not a national of the United States and the
individual resides in the country of which the individual is
a citizen.
(B) Substantially all of the benefits provided under the
plan or coverage are not excepted benefits described in
section 9832(c) of the Internal Revenue Code of 1986.
(C) The plan or coverage provides coverage for inpatient
hospital services, outpatient facility services, physician
services, and emergency services (comparable to such
emergency services coverage described in and offered under
section 8903(1) of title 5, United States Code for plan year
2009)--
(i) in the case of individuals described in paragraph
(3)(A), both in the United States and in the country or
countries from which the individual was transferred or
assigned (accounting for flexibility needed with existing
coverage), and such other country or countries as the
Secretary of Health and Human Services, in consultation with
the Secretary of the Treasury and the Secretary of Labor, may
designate (after taking into account the barriers and
prohibitions to providing health care services in the
countries as designated);
(ii) in the case of individuals described in paragraph
(3)(B), in the country or countries in which the individual
is present in connection with the individual's employment,
and such other country or countries as the Secretary of
Health and Human Services, in consultation with the Secretary
of the Treasury and the Secretary of Labor, may designate; or
(iii) in the case of individuals described in paragraph
(3)(C), in the country or countries as the Secretary of
Health and Human Services, in consultation with the Secretary
of the Treasury and the Secretary of Labor, may designate.
(D) The plan sponsor reasonably believes that the benefits
provided by the expatriate health plan satisfy a standard at
least actuarially equivalent to the level provided for in
section 36B(c)(2)(C)(ii) of the Internal Revenue Code of
1986.
(E) If the plan or coverage provides dependent coverage of
children, the plan or coverage makes such dependent coverage
available for adult children until the adult child turns 26
years of age, unless such individual is the child of a child
receiving dependent coverage.
(F) The plan or coverage--
(i) is issued by an expatriate health plan issuer, or
administered by an administrator, that together with any
other person in the expatriate health plan issuer's or
administrator's controlled group (as described in section
9010 of the Patient Protection and Affordable Care Act (and
the regulations promulgated thereunder)), has licenses to
sell insurance in more than two countries, and, with respect
to such plan, coverage, or company in the controlled group--
(I) maintains network provider agreements that provide for
direct claims payments, directly or through third party
contracts, with health care providers in eight or more
countries;
(II) maintains call centers, directly or through third
party contracts, in three or more countries and accepts calls
from customers in eight or more languages;
(III) processes (in the aggregate together with other plans
or coverage it issues or administers) at least $1,000,000 in
claims in foreign currency equivalents each year;
(IV) makes available (directly or through third party
contracts) global evacuation/repatriation coverage; and
(V) maintains legal and compliance resources in three or
more countries; and
(ii) offers reimbursements for items or services under such
plan or coverage in the local currency in eight or more
countries.
(G) The plan or coverage, and the plan sponsor or
expatriate health insurance issuer with respect to such plan
or coverage, satisfies the provisions of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg et seq.), chapter
100 of the Internal Revenue Code of 1986, and part 7 of
subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181 et seq.), which would
otherwise apply to such a plan or coverage, and sponsor or
issuer, if not for the enactment of the Patient Protection
and Affordable Care Act and title I and subtitle B of title
II of the Health Care and Education Reconciliation Act of
2010.
(3) Qualified expatriate.--The term ``qualified
expatriate'' means a primary insured, or individual otherwise
described in subparagraph (C)--
(A)(i) whose skills, qualifications, job duties, or
expertise is of a type that has caused his or her employer to
transfer or assign him or her to the United States for a
specific and temporary purpose or assignment tied to his or
her employment; and
(ii) in connection with such transfer or assignment, is
reasonably determined by the plan sponsor to require access
to health insurance and other related services and support in
multiple countries, and is offered other multinational
benefits on a periodic basis (such as tax equalization,
compensation for cross border moving expenses, or
compensation to enable the expatriate to return to their home
country);
(B) who is working outside of the United States for a
period of at least 180 days in a consecutive 12-month period
that overlaps with the plan year; or
(C) who is a member of a group of similarly situated
individuals--
(i) that is formed for the purpose of traveling or
relocating internationally in service of one or more of the
purposes listed in section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code of 1986, or similarly situated
organizations or groups (such as students or religious
missionaries);
(ii) that is not formed primarily for the sale of health
insurance coverage; and
(iii) that the Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury and the
Secretary of Labor, determines requires access to health
insurance and other related services and support in multiple
countries.
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, and Puerto Rico.
(5) Miscellaneous terms.--
(A) Group health plan; health insurance coverage; health
insurance issuer; plan sponsor.--The terms ``group health
plan'', ``health insurance coverage'', ``health insurance
issuer'', and ``plan sponsor'' have the meanings given those
terms in section 2791 of the Public Health Service Act (42
U.S.C. 300gg-91).
(B) Transfer.--The term ``transfer'' means an employer has
transferred an employee to perform services for a branch of
the same employer or a parent, affiliate, franchise, or
subsidiary thereof.
(e) Regulations.--The Secretary of the Treasury, the
Secretary of Health and Human Services, and the Secretary of
Labor may promulgate regulations necessary to carry out this
Act, including such rules as may be necessary to prevent
inappropriate expansion of the application of the exclusions
under this Act from applicable laws and regulations, and to
amend existing annual reporting requirements or procedures to
include applicable qualified expatriate health insurers'
total number of expatriate plan enrollees.
(f) Effective Date.--Unless otherwise specified, this Act
shall take effect on the date of enactment of this Act, and
shall apply only to expatriate health plans issued or renewed
on or after July 1, 2015.
DIVISION N--OTHER MATTERS
SEC. 101. SEPARATE CONTRIBUTION LIMITS FOR CONTRIBUTIONS MADE
TO NATIONAL PARTIES TO SUPPORT PRESIDENTIAL
NOMINATING CONVENTIONS, NATIONAL PARTY
HEADQUARTERS BUILDINGS, AND RECOUNTS.
(a) Separate Limits.--Section 315(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is
amended--
(1) in paragraph (1)(B), by striking the semicolon at the
end and inserting the following: ``, or, in the case of
contributions made to any of the accounts described in
paragraph (9), exceed 300 percent of the amount otherwise
applicable under this subparagraph with respect to such
calendar year;'';
(2) in paragraph (2)(B), by striking the semicolon at the
end and inserting the following: ``, or, in the case of
contributions made to any of the accounts described in
paragraph (9), exceed 300 percent of the amount otherwise
applicable under this subparagraph with respect to such
calendar year;''; and
(3) by adding at the end the following new paragraph:
``(9) An account described in this paragraph is any of the
following accounts:
``(A) A separate, segregated account of a national
committee of a political party (other than a national
congressional campaign committee of a political party) which
is used solely to defray expenses incurred with respect to a
presidential nominating convention (including the payment of
deposits) or to repay loans the proceeds of which were used
to defray such expenses, or otherwise to restore funds used
to defray such expenses, except that the aggregate amount of
expenditures the national committee of a political party may
make from such account may not exceed $20,000,000 with
respect to any single convention.
``(B) A separate, segregated account of a national
committee of a political party (including a national
congressional campaign committee of a political party) which
is used solely to defray expenses incurred with respect to
the construction, purchase, renovation, operation, and
furnishing of one or more headquarters buildings of the party
or to repay loans the proceeds of which were
[[Page H9259]]
used to defray such expenses, or otherwise to restore funds
used to defray such expenses (including expenses for
obligations incurred during the 2-year period which ends on
the date of the enactment of this paragraph).
``(C) A separate, segregated account of a national
committee of a political party (including a national
congressional campaign committee of a political party) which
is used to defray expenses incurred with respect to the
preparation for and the conduct of election recounts and
contests and other legal proceedings.''.
(b) Conforming Amendment Relating to Determination of
Coordinated Expenditure Limitations.--Section 315(d) of such
Act (52 U.S.C. 30116(d)) is amended by adding at the end the
following new paragraph:
``(5) The limitations contained in paragraphs (2), (3), and
(4) of this subsection shall not apply to expenditures made
from any of the accounts described in subsection (a)(9).''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to funds that are solicited,
received, transferred, or spent on or after the date of the
enactment of this section.
SEC. 102. MODIFICATION OF TREATMENT OF CERTAIN HEALTH
ORGANIZATIONS.
(a) In General.--Paragraph (5) of section 833(c) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``this section'' and inserting ``paragraphs
(2) and (3) of subsection (a)'', and
(2) by inserting ``and for activities that improve health
care quality'' after ``clinical services''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.
SEC. 103. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary
effects of division M and sections 101 and 102 of division N
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 Pay-As-You-Go Scorecards.--The budgetary effects
of division M and sections 101 and 102 of division N shall
not be entered on any PAYGO scorecard maintained for purposes
of section 201 of S. Con. Res. 21 (110th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of division M and sections 101
and 102 of division N shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph 4(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION O--MULTIEMPLOYER PENSION REFORM
SECTION 1. SHORT TITLE.
This division may be cited as the ``Multiemployer Pension
Reform Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Table of Contents.
TITLE I--MODIFICATIONS TO MULTIEMPLOYER PLAN RULES
Subtitle A--Amendments to Pension Protection Act of 2006
Sec. 101. Repeal of sunset of PPA funding rules.
Sec. 102. Election to be in critical status.
Sec. 103. Clarification of rule for emergence from critical status.
Sec. 104. Endangered status not applicable if no additional action is
required.
Sec. 105. Correct endangered status funding improvement plan target
funded percentage.
Sec. 106. Conforming endangered status and critical status rules during
funding improvement and rehabilitation plan adoption
periods.
Sec. 107. Corrective plan schedules when parties fail to adopt in
bargaining.
Sec. 108. Repeal of reorganization rules for multiemployer plans.
Sec. 109. Disregard of certain contribution increases for withdrawal
liability purposes.
Sec. 110. Guarantee for pre-retirement survivor annuities under
multiemployer pension plans.
Sec. 111. Required disclosure of multiemployer plan information.
Subtitle B--Multiemployer Plan Mergers and Partitions
Sec. 121. Mergers.
Sec. 122. Partitions of eligible multiemployer plans.
Subtitle C--Strengthening the Pension Benefit Guaranty Corporation
Sec. 131. Premium increases for multiemployer plans.
TITLE II--REMEDIATION MEASURES FOR DEEPLY TROUBLED PLANS
Sec. 201. Conditions, limitations, distribution and notice
requirements, and approval process for benefit
suspensions under multiemployer plans in critical and
declining status.
TITLE I--MODIFICATIONS TO MULTIEMPLOYER PLAN RULES
Subtitle A--Amendments to Pension Protection Act of 2006
SEC. 101. REPEAL OF SUNSET OF PPA FUNDING RULES.
(a) In General.--Subtitle C of title II of the Pension
Protection Act of 2006 (26 U.S.C. 412 note) is repealed.
(b) Conforming Amendments.--
(1) Amendment to employee retirement income security act of
1974.--Section 304(d)(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1084) is amended by striking
subparagraph (C).
(2) Amendment to internal revenue code.--Section 431(d)(1)
of the Internal Revenue Code of 1986 is amended by striking
subparagraph (C).
SEC. 102. ELECTION TO BE IN CRITICAL STATUS.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Section 305(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1085(b)) is amended by
adding at the end the following:
``(4) Election to be in critical status.--Notwithstanding
paragraph (2) and subject to paragraph (3)(B)(iv)--
``(A) the plan sponsor of a multiemployer plan that is not
in critical status for a plan year but that is projected by
the plan actuary, pursuant to the determination under
paragraph (3), to be in critical status in any of the
succeeding 5 plan years may, not later than 30 days after the
date of the certification under paragraph (3)(A), elect to be
in critical status effective for the current plan year,
``(B) the plan year in which the plan sponsor elects to be
in critical status under subparagraph (A) shall be treated
for purposes of this section as the first year in which the
plan is in critical status, regardless of the date on which
the plan first satisfies the criteria for critical status
under paragraph (2), and
``(C) a plan that is in critical status under this
paragraph shall not emerge from critical status except in
accordance with subsection (e)(4)(B).''.
(2) Annual certification.--
(A) In general.--Section 305(b)(3)(A)(i) of such Act (29
U.S.C. 1085(b)(3)(A)(i)) is amended by striking ``, and'' and
inserting ``or for any of the succeeding 5 plan years, and''.
(B) Actuarial projections.--Section 305(b)(3)(B) of such
Act (29 U.S.C. 1085(b)(3)(B)) is amended--
(i) in clause (i), by striking ``In making the
determinations'' and inserting ``Except as provided in clause
(iv), in making the determinations''; and
(ii) by adding at the end the following:
``(iv) Projections relating to critical status in
succeeding plan years.--Clauses (i) and (ii) (other than the
2nd sentence of clause (i)) may be disregarded by a plan
actuary in the case of any certification of whether a plan
will be in critical status in a succeeding plan year, except
that a plan sponsor may not elect to be in critical status
for a plan year under paragraph (4) in any case in which the
certification upon which such election would be based is made
without regard to such clauses.''.
(3) Notice.--
(A) Of election to be in critical status.--Section
305(b)(3)(D)(i) of such Act (29 U.S.C. 1085(b)(3)(D)(i)) is
amended--
(i) by inserting after ``for a plan year'' the following:
``or in which a plan sponsor elects to be in critical status
for a plan year under paragraph (4)''; and
(ii) by adding at the end the following: ``In any case in
which a plan sponsor elects to be in critical status for a
plan year under paragraph (4), the plan sponsor shall notify
the Secretary of the Treasury of such election not later than
30 days after the date of such certification or such other
time as the Secretary of the Treasury may prescribe by
regulations or other guidance.''
(B) Of projection to be in critical status in a future plan
year.--Section 305(b)(3)(D) of such Act (29 U.S.C.
1085(b)(3)(D)) is amended by adding at the end the following:
``(iv) Notice of projection to be in critical status in a
future plan year.--In any case in which it is certified under
subparagraph (A)(i) that a multiemployer plan will be in
critical status for any of 5 succeeding plan years (but not
for the current plan year) and the plan sponsor of such plan
has not made an election to be in critical status for the
plan year under paragraph (4), the plan sponsor shall, not
later than 30 days after the date of the certification,
provide notification of the projected critical status to the
Pension Benefit Guaranty Corporation.''.
(b) Amendments to Internal Revenue Code.--
(1) In general.--Section 432(b) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(4) Election to be in critical status.--Notwithstanding
paragraph (2) and subject to paragraph (3)(B)(iv)--
``(A) the plan sponsor of a multiemployer plan that is not
in critical status for a plan year but that is projected by
the plan actuary, pursuant to the determination under
paragraph (3), to be in critical status in any of the
succeeding 5 plan years may, not later than 30 days after the
date of the certification under paragraph (3)(A), elect to be
in critical status effective for the current plan year,
[[Page H9260]]
``(B) the plan year in which the plan sponsor elects to be
in critical status under subparagraph (A) shall be treated
for purposes of this section as the first year in which the
plan is in critical status, regardless of the date on which
the plan first satisfies the criteria for critical status
under paragraph (2), and
``(C) a plan that is in critical status under this
paragraph shall not emerge from critical status except in
accordance with subsection (e)(4)(B).''.
(2) Annual certification.--
(A) In general.--Section 432(b)(3)(A)(i) of such Code is
amended by striking ``, and'' and inserting ``or for any of
the succeeding 5 plan years, and''.
(B) Actuarial projections.--Section 432(b)(3)(B) of such
Code is amended--
(i) in clause (i), by striking ``In making the
determinations'' and inserting ``Except as provided in clause
(iv), in making the determinations''; and
(ii) by adding at the end the following:
``(iv) Projections relating to critical status in
succeeding plan years.--Clauses (i) and (ii) (other than the
2nd sentence of clause (i)) may be disregarded by a plan
actuary in the case of any certification of whether a plan
will be in critical status in a succeeding plan year, except
that a plan sponsor may not elect to be in critical status
for a plan year under paragraph (4) in any case in which the
certification upon which such election would be based is made
without regard to such clauses.''.
(3) Notice.--
(A) Of election to be in critical status.--Section
432(b)(3)(D)(i) of such Code is amended--
(i) by inserting after ``for a plan year'' the following:
``or in which a plan sponsor elects to be in critical status
for a plan year under paragraph (4)''; and
(ii) by adding at the end the following: ``In any case in
which a plan sponsor elects to be in critical status for a
plan year under paragraph (4), the plan sponsor shall notify
the Secretary of such election not later than 30 days after
the date of such certification or such other time as the
Secretary may prescribe by regulations or other guidance.''.
(B) Of projection to be in critical status in a future plan
year.--Section 432(b)(3)(D) of such Code is amended by adding
at the end the following:
``(iv) Notice of projection to be in critical status in a
future plan year.--In any case in which it is certified under
subparagraph (A)(i) that a multiemployer plan will be in
critical status for any of 5 succeeding plan years (but not
for the current plan year) and the plan sponsor of such plan
has not made an election to be in critical status for the
plan year under paragraph (4), the plan sponsor shall, not
later than 30 days after the date of the certification,
provide notification of the projected critical status to the
Pension Benefit Guaranty Corporation.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 103. CLARIFICATION OF RULE FOR EMERGENCE FROM CRITICAL
STATUS.
(a) Amendment to Employee Retirement Income Security Act of
1974.--Section 305(e)(4)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(e)(4)(B)) is amended to
read as follows:
``(B) Emergence.--
``(i) In general.--A plan in critical status shall remain
in such status until a plan year for which the plan actuary
certifies, in accordance with subsection (b)(3)(A), that--
``(I) the plan is not described in one or more of the
subparagraphs in subsection (b)(2) as of the beginning of the
plan year;
``(II) the plan is not projected to have an accumulated
funding deficiency for the plan year or any of the 9
succeeding plan years, without regard to the use of the
shortfall method but taking into account any extension of
amortization periods under section 304(d)(2) or section 304
(as in effect prior to the enactment of the Pension
Protection Act of 2006); and
``(III) the plan is not projected to become insolvent
within the meaning of section 4245 for any of the 30
succeeding plan years.
``(ii) Plans with certain amortization extensions.--
``(I) Special emergence rule.--Notwithstanding clause (i),
a plan in critical status that has an automatic extension of
amortization periods under section 304(d)(1) shall no longer
be in critical status if the plan actuary certifies for a
plan year, in accordance with subsection (b)(3)(A), that--
``(aa) the plan is not projected to have an accumulated
funding deficiency for the plan year or any of the 9
succeeding plan years, without regard to the use of the
shortfall method but taking into account any extension of
amortization periods under section 304(d)(1); and
``(bb) the plan is not projected to become insolvent within
the meaning of section 4245 for any of the 30 succeeding plan
years,
regardless of whether the plan is described in one or more of
the subparagraphs in subsection (b)(2) as of the beginning of
the plan year.
``(II) Reentry into critical status.--A plan that emerges
from critical status under subclause (I) shall not reenter
critical status for any subsequent plan year unless--
``(aa) the plan is projected to have an accumulated funding
deficiency for the plan year or any of the 9 succeeding plan
years, without regard to the use of the shortfall method but
taking into account any extension of amortization periods
under section 304(d); or
``(bb) the plan is projected to become insolvent within the
meaning of section 4245 for any of the 30 succeeding plan
years.''.
(b) Amendment to the Internal Revenue Code.--Section
432(e)(4)(B) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(B) Emergence.--
``(i) In general.--A plan in critical status shall remain
in such status until a plan year for which the plan actuary
certifies, in accordance with subsection (b)(3)(A), that--
``(I) the plan is not described in one or more of the
subparagraphs in subsection (b)(2) as of the beginning of the
plan year,
``(II) the plan is not projected to have an accumulated
funding deficiency for the plan year or any of the 9
succeeding plan years, without regard to the use of the
shortfall method but taking into account any extension of
amortization periods under section 431(d)(2) or section
412(e) (as in effect prior to the enactment of the Pension
Protection Act of 2006), and
``(III) the plan is not projected to become insolvent
within the meaning of section 418E for any of the 30
succeeding plan years.
``(ii) Plans with certain amortization extensions.--
``(I) Special emergence rule.--Notwithstanding clause (i),
a plan in critical status that has an automatic extension of
amortization periods under section 431(d)(1) shall no longer
be in critical status if the plan actuary certifies for a
plan year, in accordance with subsection (b)(3)(A), that--
``(aa) the plan is not projected to have an accumulated
funding deficiency for the plan year or any of the 9
succeeding plan years, without regard to the use of the
shortfall method but taking into account any extension of
amortization periods under section 431(d)(1), and
``(bb) the plan is not projected to become insolvent within
the meaning of section 418E for any of the 30 succeeding plan
years,
regardless of whether the plan is described in one or more of
the subparagraphs in subsection (b)(2) as of the beginning of
the plan year.
``(II) Reentry into critical status.--A plan that emerges
from critical status under subclause (I) shall not reenter
critical status for any subsequent plan year unless--
``(aa) the plan is projected to have an accumulated funding
deficiency for the plan year or any of the 9 succeeding plan
years, without regard to the use of the shortfall method but
taking into account any extension of amortization periods
under section 431(d), or
``(bb) the plan is projected to become insolvent within the
meaning of section 418E for any of the 30 succeeding plan
years.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 104. ENDANGERED STATUS NOT APPLICABLE IF NO ADDITIONAL
ACTION IS REQUIRED.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Section 305(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1085(b)), as amended
by section 102, is further amended--
(A) in paragraph (1), by striking ``the plan is not in
critical status for the plan year'' and inserting ``the plan
is not in critical status for the plan year and is not
described in paragraph (5),''; and
(B) by adding at the end the following:
``(5) Special rule.--A plan is described in this paragraph
if--
``(A) as part of the actuarial certification of endangered
status under paragraph (3)(A) for the plan year, the plan
actuary certifies that the plan is projected to no longer be
described in either paragraph (1)(A) or paragraph (1)(B) as
of the end of the tenth plan year ending after the plan year
to which the certification relates, and
``(B) the plan was not in critical or endangered status for
the immediately preceding plan year.''.
(2) Notice.--Section 305(b)(3)(D) of such Act (29 U.S.C.
1085(b)(3)(D)) is amended--
(A) by redesignating clause (iii) and clause (iv) (as added
by section 102(a)(3)(B)) as clauses (iv) and (v),
respectively; and
(B) by inserting after clause (ii) the following:
``(iii) In the case of a multiemployer plan that would be
in endangered status but for paragraph (5), the plan sponsor
shall provide notice to the bargaining parties and the
Pension Benefit Guaranty Corporation that the plan would be
in endangered status but for such paragraph.''.
(C) in clause (iv) (as redesignated by subparagraph (A)),
by striking ``clause (ii)'' and inserting ``clauses (ii) and
(iii)''.
(3) Conforming amendment.--Section 305(b)(3)(A)(i) of such
Act (29 U.S.C. 1085(b)(3)(A)(i)) is amended by inserting
after ``endangered status for a plan year'' the following:
``, or would be in endangered status for such plan year but
for paragraph (5),''.
(b) Amendments to Internal Revenue Code of 1986.--
(1) In general.--Section 432(b) of the Internal Revenue
Code of 1986, as amended by section 102, is further amended--
(A) in paragraph (1), by striking ``the plan is not in
critical status for the plan year'' and inserting ``the plan
is not in critical status for the plan year and is not
described in paragraph (5),''; and
(B) by adding at the end the following:
``(5) Special rule.--A plan is described in this paragraph
if--
[[Page H9261]]
``(A) as part of the actuarial certification of endangered
status under paragraph (3)(A) for the plan year, the plan
actuary certifies that the plan is projected to no longer be
described in either paragraph (1)(A) or paragraph (1)(B) as
of the end of the tenth plan year ending after the plan year
to which the certification relates, and
``(B) the plan was not in critical or endangered status for
the immediately preceding plan year.''.
(2) Notice.--Section 432(b)(3)(D) of such Code is amended--
(A) by redesignating clause (iii) and clause (iv) (as added
by section 102(b)(3)(B)) as clauses (iv) and (v),
respectively; and
(B) by inserting after clause (ii) the following:
``(iii) In the case of a multiemployer plan that would be
in endangered status but for paragraph (5), the plan sponsor
shall provide notice to the bargaining parties and the
Pension Benefit Guaranty Corporation that the plan would be
in endangered status but for such paragraph.''.
(C) in clause (iv) (as redesignated by subparagraph (A)),
by striking ``clause (ii)'' and inserting ``clauses (ii) and
(iii)''.
(3) Conforming amendment.--Section 432(b)(3)(A)(i) of such
Code is amended by inserting after ``endangered status for a
plan year'' the following: ``, or would be in endangered
status for such plan year but for paragraph (5),''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 105. CORRECT ENDANGERED STATUS FUNDING IMPROVEMENT PLAN
TARGET FUNDED PERCENTAGE.
(a) Amendment to Employee Retirement Income Security Act of
1974.--Section 305(c)(3)(A) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(c)(3)(A)) is amended--
(1) in clause (i)(I), by striking ``of such period'' and
inserting ``of the first plan year for which the plan is
certified to be in endangered status pursuant to paragraph
(b)(3)''; and
(2) in clause (ii), by striking ``any plan year'' and
inserting ``the last plan year''.
(b) Amendment to Internal Revenue Code.--Section
432(c)(3)(A) of the Internal Revenue Code of 1986 is
amended--
(1) in clause (i)(I), by striking ``of such period'' and
inserting ``of the first plan year for which the plan is
certified to be in endangered status pursuant to paragraph
(b)(3)''; and
(2) in clause (ii), by striking ``any plan year'' and
inserting ``the last plan year''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 106. CONFORMING ENDANGERED STATUS AND CRITICAL STATUS
RULES DURING FUNDING IMPROVEMENT AND
REHABILITATION PLAN ADOPTION PERIODS.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--Section 305(d) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(d)) is amended to read
as follows:
``(d) Rules for Operation of Plan During Adoption and
Improvement Periods.--
``(1) Compliance with funding improvement plan.--
``(A) In general.--A plan may not be amended after the date
of the adoption of a funding improvement plan under
subsection (c) so as to be inconsistent with the funding
improvement plan.
``(B) Special rules for benefit increases.--A plan may not
be amended after the date of the adoption of a funding
improvement plan under subsection (c) so as to increase
benefits, including future benefit accruals, unless the plan
actuary certifies that such increase is paid for out of
additional contributions not contemplated by the funding
improvement plan, and, after taking into account the benefit
increase, the multiemployer plan still is reasonably expected
to meet the applicable benchmark on the schedule contemplated
in the funding improvement plan.
``(2) Special rules for plan adoption period.--During the
period beginning on the date of the certification under
subsection (b)(3)(A) for the initial determination year and
ending on the date of the adoption of a funding improvement
plan--
``(A) the plan sponsor may not accept a collective
bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for--
``(i) a reduction in the level of contributions for any
participants,
``(ii) a suspension of contributions with respect to any
period of service, or
``(iii) any new direct or indirect exclusion of younger or
newly hired employees from plan participation, and
``(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in
benefits, any change in the accrual of benefits, or any
change in the rate at which benefits become nonforfeitable
under the plan may be adopted unless the amendment is
required as a condition of qualification under part I of
subchapter D of chapter 1 of the Internal Revenue Code of
1986 or to comply with other applicable law.''.
(b) Amendments to Internal Revenue Code.--Section 432(d) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(d) Rules for Operation of Plan During Adoption and
Improvement Periods.--
``(1) Compliance with funding improvement plan.--
``(A) In general.--A plan may not be amended after the date
of the adoption of a funding improvement plan under
subsection (c) so as to be inconsistent with the funding
improvement plan.
``(B) Special rules for benefit increases.--A plan may not
be amended after the date of the adoption of a funding
improvement plan under subsection (c) so as to increase
benefits, including future benefit accruals, unless the plan
actuary certifies that such increase is paid for out of
additional contributions not contemplated by the funding
improvement plan, and, after taking into account the benefit
increase, the multiemployer plan still is reasonably expected
to meet the applicable benchmark on the schedule contemplated
in the funding improvement plan.
``(2) Special rules for plan adoption period.--During the
period beginning on the date of the certification under
subsection (b)(3)(A) for the initial determination year and
ending on the date of the adoption of a funding improvement
plan--
``(A) the plan sponsor may not accept a collective
bargaining agreement or participation agreement with respect
to the multiemployer plan that provides for--
``(i) a reduction in the level of contributions for any
participants,
``(ii) a suspension of contributions with respect to any
period of service, or
``(iii) any new direct or indirect exclusion of younger or
newly hired employees from plan participation, and
``(B) no amendment of the plan which increases the
liabilities of the plan by reason of any increase in
benefits, any change in the accrual of benefits, or any
change in the rate at which benefits become nonforfeitable
under the plan may be adopted unless the amendment is
required as a condition of qualification under part I of
subchapter D of chapter 1 or to comply with other applicable
law.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 107. CORRECTIVE PLAN SCHEDULES WHEN PARTIES FAIL TO
ADOPT IN BARGAINING.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--Section 305 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085) is amended--
(1) in subsection (c), by amending paragraph (7) to read as
follows:
``(7) Imposition of schedule where failure to adopt funding
improvement plan.--
``(A) Initial contribution schedule.--If--
``(i) a collective bargaining agreement providing for
contributions under a multiemployer plan that was in effect
at the time the plan entered endangered status expires, and
``(ii) after receiving one or more schedules from the plan
sponsor under paragraph (1)(B), the bargaining parties with
respect to such agreement fail to adopt a contribution
schedule with terms consistent with the funding improvement
plan and a schedule from the plan sponsor,
the plan sponsor shall implement the schedule described in
paragraph (1)(B)(i)(I) beginning on the date specified in
subparagraph (C).
``(B) Subsequent contribution schedule.--If--
``(i) a collective bargaining agreement providing for
contributions under a multiemployer plan in accordance with a
schedule provided by the plan sponsor pursuant to a funding
improvement plan (or imposed under subparagraph (A)) expires
while the plan is still in endangered status, and
``(ii) after receiving one or more updated schedules from
the plan sponsor under paragraph (6)(B), the bargaining
parties with respect to such agreement fail to adopt a
contribution schedule with terms consistent with the updated
funding improvement plan and a schedule from the plan
sponsor,
then the contribution schedule applicable under the expired
collective bargaining agreement, as updated and in effect on
the date the collective bargaining agreement expires, shall
be implemented by the plan sponsor beginning on the date
specified in subparagraph (C).
``(C) Date of implementation.--The date specified in this
subparagraph is the date which is 180 days after the date on
which the collective bargaining agreement described in
subparagraph (A) or (B) expires.
``(D) Failure to make scheduled contributions.--Any failure
to make a contribution under a schedule of contribution rates
provided under this paragraph shall be treated as a
delinquent contribution under section 515 and shall be
enforceable as such.'',
(2) in subsection (e)(3), by amending subparagraph (C) to
read as follows:
``(C) Imposition of schedule where failure to adopt
rehabilitation plan.--
``(i) Initial contribution schedule.--If--
``(I) a collective bargaining agreement providing for
contributions under a multiemployer plan that was in effect
at the time the plan entered critical status expires, and
``(II) after receiving one or more schedules from the plan
sponsor under paragraph (1)(B), the bargaining parties with
respect to such agreement fail to adopt a contribution
schedule with terms consistent with the rehabilitation plan
and a schedule from the plan sponsor under paragraph
(1)(B)(i),
[[Page H9262]]
the plan sponsor shall implement the schedule described in
the last sentence of paragraph (1) beginning on the date
specified in clause (iii).
``(ii) Subsequent contribution schedule.--If--
``(I) a collective bargaining agreement providing for
contributions under a multiemployer plan in accordance with a
schedule provided by the plan sponsor pursuant to a
rehabilitation plan (or imposed under subparagraph (C)(i))
expires while the plan is still in critical status, and
``(II) after receiving one or more updated schedules from
the plan sponsor under subparagraph (B)(ii), the bargaining
parties with respect to such agreement fail to adopt a
contribution schedule with terms consistent with the updated
rehabilitation plan and a schedule from the plan sponsor,
then the contribution schedule applicable under the expired
collective bargaining agreement, as updated and in effect on
the date the collective bargaining agreement expires, shall
be implemented by the plan sponsor beginning on the date
specified in clause (iii).
``(iii) Date of implementation.--The date specified in this
subparagraph is the date which is 180 days after the date on
which the collective bargaining agreement described in clause
(i) or (ii) expires.
``(iv) Failure to make scheduled contributions.--Any
failure to make a contribution under a schedule of
contribution rates provided under this subsection shall be
treated as a delinquent contribution under section 515 and
shall be enforceable as such.''.
(b) Amendments to the Internal Revenue Code.--Section 432
of the Internal Revenue Code of 1986 is amended--
(1) in subsection (c), by amending paragraph (7) to read as
follows:
``(7) Imposition of schedule where failure to adopt funding
improvement plan.--
``(A) Initial contribution schedule.--If--
``(i) a collective bargaining agreement providing for
contributions under a multiemployer plan that was in effect
at the time the plan entered endangered status expires, and
``(ii) after receiving one or more schedules from the plan
sponsor under paragraph (1)(B), the bargaining parties with
respect to such agreement fail to adopt a contribution
schedule with terms consistent with the funding improvement
plan and a schedule from the plan sponsor,
the plan sponsor shall implement the schedule described in
paragraph (1)(B)(i)(I) beginning on the date specified in
subparagraph (C).
``(B) Subsequent contribution schedule.--If--
``(i) a collective bargaining agreement providing for
contributions under a multiemployer plan in accordance with a
schedule provided by the plan sponsor pursuant to a funding
improvement plan (or imposed under subparagraph (A)) expires
while the plan is still in endangered status, and
``(ii) after receiving one or more updated schedules from
the plan sponsor under paragraph (6)(B), the bargaining
parties with respect to such agreement fail to adopt a
contribution schedule with terms consistent with the updated
funding improvement plan and a schedule from the plan
sponsor,
then the contribution schedule applicable under the expired
collective bargaining agreement, as updated and in effect on
the date the collective bargaining agreement expires, shall
be implemented by the plan sponsor beginning on the date
specified in subparagraph (C).
``(C) Date of implementation.--The date specified in this
subparagraph is the date which is 180 days after the date on
which the collective bargaining agreement described in
subparagraph (A) or (B) expires.'', and
(2) in subsection (e)(3), by amending subparagraph (C) to
read as follows:
``(C) Imposition of schedule where failure to adopt
rehabilitation plan.--
``(i) Initial contribution schedule.--If--
``(I) a collective bargaining agreement providing for
contributions under a multiemployer plan that was in effect
at the time the plan entered critical status expires, and
``(II) after receiving one or more schedules from the plan
sponsor under paragraph (1)(B), the bargaining parties with
respect to such agreement fail to adopt a contribution
schedule with terms consistent with the rehabilitation plan
and a schedule from the plan sponsor under paragraph
(1)(B)(i),
the plan sponsor shall implement the schedule described in
the last sentence of paragraph (1) beginning on the date
specified in clause (iii).
``(ii) Subsequent contribution schedule.--If--
``(I) a collective bargaining agreement providing for
contributions under a multiemployer plan in accordance with a
schedule provided by the plan sponsor pursuant to a
rehabilitation plan (or imposed under subparagraph (C)(i))
expires while the plan is still in critical status, and
``(II) after receiving one or more updated schedules from
the plan sponsor under subparagraph (B)(ii), the bargaining
parties with respect to such agreement fail to adopt a
contribution schedule with terms consistent with the updated
rehabilitation plan and a schedule from the plan sponsor,
then the contribution schedule applicable under the expired
collective bargaining agreement, as updated and in effect on
the date the collective bargaining agreement expires, shall
be implemented by the plan sponsor beginning on the date
specified in clause (iii).
``(iii) Date of implementation.--The date specified in this
subparagraph is the date which is 180 days after the date on
which the collective bargaining agreement described in clause
(ii) or (iii) expires.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 108. REPEAL OF REORGANIZATION RULES FOR MULTIEMPLOYER
PLANS.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Sections 4241, 4242, 4243, 4244, and 4244A
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1421; 1422; 1423; 1424; 1425) are repealed.
(2) Modification of insolvency rules.--Section 4245 of such
Act (29 U.S.C. 1426) is amended--
(A) by striking ``reorganization'' each place it appears
and inserting ``critical status, as described in subsection
305(b)(2),'';
(B) in subsection (c)(2)--
(i) by striking ``The suspension'' and inserting ``(A) The
suspension'';
(ii) by striking ``(within the meaning of section
4241(b)(6))''; and
(iii) by adding at the end the following:
``(B) For purposes of this paragraph--
``(i) the term `person in pay status' means--
``(I) a participant or beneficiary on the last day of the
base plan year who, at any time during such year, was paid an
early, late, normal, or disability retirement benefit (or a
death benefit related to a retirement benefit), and
``(II) to the extent provided in regulations prescribed by
the Secretary of the Treasury, any other person who is
entitled to such a benefit under the plan.
``(ii) the base plan year for any plan year is--
``(I) if there is a relevant collective bargaining
agreement, the last plan year ending at least 6 months before
the relevant effective date, or
``(II) if there is no relevant collective bargaining
agreement, the last plan year ending at least 12 months
before the beginning of the plan year.
``(iii) a relevant collective bargaining agreement is a
collective bargaining agreement--
``(I) which is in effect for at least 6 months during the
plan year, and
``(II) which has not been in effect for more than 36 months
as of the end of the plan year.
``(iv) the relevant effective date is the earliest of the
effective dates for the relevant collective bargaining
agreements.'';
(C) in subsection (d)--
(i) in paragraph (1), by striking ``(determined in
accordance with section 4243(3)(B)(ii))''; and
(ii) by adding at the end the following:
``(4) For purposes of this subsection, the value of plan
assets shall be the value of the available plan assets
determined under regulations prescribed by the Secretary of
the Treasury.'';
(D) in subsection (e)(1)--
(i) in subparagraph (A), by striking ``the corporation, the
parties described in section 4242(a)(2), and the plan
participants and beneficiaries'' and inserting ``the parties
described in section 101(f)(1)''; and
(ii) in subparagraph (B), by striking ``section 4242(a)(2)
and the plan participants and beneficiaries'' and inserting
``section 101(f)(1)''; and
(E) by adding at the end the following:
``(g) Subsections (a) and (c) shall not apply to a plan
that, for the plan year, is operating under section
305(e)(9), regarding benefit suspensions by certain
multiemployer plans in critical and declining status.''.
(3) Conforming amendments.--
(A) Definition of reorganization index.--Section 4001(a) of
such Act (29 U.S.C. 1301(a)) is amended by striking paragraph
(9).
(B) Minimum funding standards.--Section 304(a) of such Act
(29 U.S.C. 1084(a)) is amended to read as follows:
``(a) In General.--For purposes of section 302, the
accumulated funding deficiency of a multiemployer plan for
any plan year is the amount, determined as of the end of the
plan year, equal to the excess (if any) of the total charges
to the funding standard account of the plan for all plan
years (beginning with the first plan year for which this part
applies to the plan) over the total credits to such account
for such years.''.
(C) Modification of part heading.--Part 3 of subtitle D of
title IV of such Act (29 U.S.C. 1421 et seq.) is amended by
striking the heading and inserting ``insolvent plans''.
(D) Conforming amendment to table of contents.--The table
of contents in section 1 of such Act (29 U.S.C. 1001 note) is
amended by striking the items relating to sections 4241
through 4244A.
(b) Amendments to the Internal Revenue Code.--
(1) In general.--Sections 418, 418A, 418B, 418C, and 418D
of the Internal Revenue Code of 1986 are repealed.
(2) Modification of insolvency rules.--Section 418E of such
Code is amended--
(A) by striking ``reorganization'' each place it appears
and inserting ``critical status, as described in subsection
432(b)(2),'';
(B) in subsection (c)(2)--
(i) by striking ``The suspension'' and inserting ``(A) The
suspension'';
(ii) by striking ``(within the meaning of section
418(b)(6))''; and
[[Page H9263]]
(iii) by adding at the end the following:
``(B) For purposes of this paragraph--
``(i) the term `person in pay status' means--
``(I) a participant or beneficiary on the last day of the
base plan year who, at any time during such year, was paid an
early, late, normal, or disability retirement benefit (or a
death benefit related to a retirement benefit), and
``(II) to the extent provided in regulations prescribed by
the Secretary of the Treasury, any other person who is
entitled to such a benefit under the plan.
``(ii) the base plan year for any plan year is--
``(I) if there is a relevant collective bargaining
agreement, the last plan year ending at least 6 months before
the relevant effective date, or
``(II) if there is no relevant collective bargaining
agreement, the last plan year ending at least 12 months
before the beginning of the plan year.
``(iii) a relevant collective bargaining agreement is a
collective bargaining agreement--
``(I) which is in effect for at least 6 months during the
plan year, and
``(II) which has not been in effect for more than 36 months
as of the end of the plan year.
``(iv) the relevant effective date is the earliest of the
effective dates for the relevant collective bargaining
agreements.'';
(C) in subsection (d)--
(i) in paragraph (1), by striking ``(determined in
accordance with section 418B(3)(B)(ii))'';
(ii) by adding at the end the following:
``(4) For purposes of this subsection, the value of plan
assets shall be the value of the available plan assets
determined under regulations prescribed by the Secretary of
the Treasury.'';
(D) in subsection (e)(1)--
(i) in subparagraph (A), by striking ``the corporation, the
parties described in section 418A(a)(2), and the plan
participants and beneficiaries'' and inserting ``the parties
described in section 101(f)(1) of the Employee Retirement
Income Security Act of 1974''; and
(ii) in subparagraph (B), by striking ``section 418A(a)(2)
and the plan participants and beneficiaries'' and inserting
``section 101(f)(1) of the Employee Retirement Income
Security Act of 1974''; and
(E) by adding at the end the following:
``(h) Subsections (a) and (c) shall not apply to a plan
that, for the plan year, is operating under section
432(e)(9), regarding benefit suspensions by certain
multiemployer plans in critical and declining status.''.
(3) Conforming amendments.--
(A) Minimum funding standards.--Section 431(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) In General.--For purposes of section 412, the
accumulated funding deficiency of a multiemployer plan for
any plan year is the amount, determined as of the end of the
plan year, equal to the excess (if any) of the total charges
to the funding standard account of the plan for all plan
years (beginning with the first plan year for which this part
applies to the plan) over the total credits to such account
for such years.''.
(B) Modification of subpart heading.--Subpart C of part I
of subchapter D of chapter 1 of such Code is amended by
striking the heading and inserting ``insolvent plans''.
(C) Conforming amendment to table of contents.--The table
of contents for such subpart C is amended by striking the
items relating to sections 418 through 418D.
(D) Conforming amendment to table of subparts.--The table
of subparts for part I of subchapter D of chapter 1 of such
Code is amended by striking the heading and inserting
``insolvent plans''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 109. DISREGARD OF CERTAIN CONTRIBUTION INCREASES FOR
WITHDRAWAL LIABILITY PURPOSES.
(a) Amendment to Employee Retirement Income Security Act of
1974.--Section 305 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1085) is amended--
(1) in subsection (e), by striking paragraph (9);
(2) in subsection (f)--
(A) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3); and
(B) in paragraph (3) (as redesignated by subparagraph (A)),
by striking ``During the rehabilitation plan adoption
period--'' and inserting ``During the period beginning on the
date of the certification under subsection (b)(3)(A) for the
initial critical year and ending on the date of the adoption
of a rehabilitation plan--'';
(3) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(4) by inserting after subsection (f) the following:
``(g) Adjustments Disregarded in Withdrawal Liability
Determination.--
``(1) Benefit reduction.--Any benefit reductions under
subsection (e)(8) or (f) shall be disregarded in determining
a plan's unfunded vested benefits for purposes of determining
an employer's withdrawal liability under section 4201.
``(2) Surcharges.--Any surcharges under subsection (e)(7)
shall be disregarded in determining the allocation of
unfunded vested benefits to an employer under section 4211
and in determining the highest contribution rate under
section 4219(c), except for purposes of determining the
unfunded vested benefits attributable to an employer under
section 4211(c)(4) or a comparable method approved under
section 4211(c)(5).
``(3) Contribution increases required by funding
improvement or rehabilitation plan.--
``(A) In general.--Any increase in the contribution rate
(or other increase in contribution requirements unless due to
increased levels of work, employment, or periods for which
compensation is provided) that is required or made in order
to enable the plan to meet the requirement of the funding
improvement plan or rehabilitation plan shall be disregarded
in determining the allocation of unfunded vested benefits to
an employer under section 4211 and in determining the highest
contribution rate under section 4219(c), except for purposes
of determining the unfunded vested benefits attributable to
an employer under section 4211(c)(4) or a comparable method
approved under section 4211(c)(5).
``(B) Special rules.--For purposes of this paragraph, any
increase in the contribution rate (or other increase in
contribution requirements) shall be deemed to be required or
made in order to enable the plan to meet the requirement of
the funding improvement plan or rehabilitation plan except
for increases in contribution requirements due to increased
levels of work, employment, or periods for which compensation
is provided or additional contributions are used to provide
an increase in benefits, including an increase in future
benefit accruals, permitted by subsection (d)(1)(B) or
(f)(1)(B).
``(4) Emergence from endangered or critical status.--In the
case of increases in the contribution rate (or other
increases in contribution requirements unless due to
increased levels of work, employment, or periods for which
compensation is provided) disregarded pursuant to paragraph
(3), this subsection shall cease to apply as of the
expiration date of the collective bargaining agreement in
effect when the plan emerges from endangered or critical
status. Notwithstanding the preceding sentence, once the plan
emerges from critical or endangered status, increases in the
contribution rate disregarded pursuant to paragraph (3) shall
continue to be disregarded in determining the highest
contribution rate under section 4219(c) for plan years during
which the plan was in endangered or critical status.
``(5) Simplified calculations.--The Pension Benefit
Guaranty Corporation shall prescribe simplified methods for
the application of this subsection in determining withdrawal
liability and payment amounts under section 4219(c).''.
(b) Amendments to Internal Revenue Code.--Section 432 of
the Internal Revenue Code of 1986 is amended--
(1) in subsection (e), by striking paragraph (9),
(2) in subsection (f)--
(A) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3); and
(B) in paragraph (4) (as redesignated by subparagraph (A)),
striking ``During the rehabilitation plan adoption period--''
and inserting ``During the period beginning on the date of
the certification under subsection (b)(3)(A) for the initial
critical year and ending on the date of the adoption of a
rehabilitation plan--'';
(3) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(4) by inserting after subsection (f) the following:
``(g) Adjustments Disregarded in Withdrawal Liability
Determination.--
``(1) Benefit reduction.--Any benefit reductions under
subsection (e)(8) or (f) shall be disregarded in determining
a plan's unfunded vested benefits for purposes of determining
an employer's withdrawal liability under section 4201 of the
Employee Retirement Income Security Act of 1974.
``(2) Surcharges.--Any surcharges under subsection (e)(7)
shall be disregarded in determining the allocation of
unfunded vested benefits to an employer under section 4211 of
the Employee Retirement Income Security Act of 1974 and in
determining the highest contribution rate under section
4219(c) of such Act, except for purposes of determining the
unfunded vested benefits attributable to an employer under
section 4211(c)(4) of such Act or a comparable method
approved under section 4211(c)(5) of such Act.
``(3) Contribution increases required by funding
improvement or rehabilitation plan.--
``(A) In general.--Any increase in the contribution rate
(or other increase in contribution requirements unless due to
increased levels of work, employment, or periods for which
compensation is provided) that is required or made in order
to enable the plan to meet the requirement of the funding
improvement plan or rehabilitation plan shall be disregarded
in determining the allocation of unfunded vested benefits to
an employer under section 4211 of such Act and in determining
the highest contribution rate under section 4219(c) of such
Act, except for purposes of determining the unfunded vested
benefits attributable to an employer under section 4211(c)(4)
of such Act or a comparable method approved under section
4211(c)(5) of such Act.
``(B) Special rules.--For purposes of this paragraph, any
increase in the contribution rate (or other increase in
contribution requirements) shall be deemed to be required
[[Page H9264]]
or made in order to enable the plan to meet the requirement
of the funding improvement plan or rehabilitation plan except
for increases in contribution requirements due to increased
levels of work, employment, or periods for which compensation
is provided or additional contributions are used to provide
an increase in benefits, including an increase in future
benefit accruals, permitted by subsection (d)(1)(B) or
(f)(1)(B).
``(4) Emergence from endangered or critical status.--In the
case of increases in the contribution rate (or other
increases in contribution requirements unless due to
increased levels of work, employment, or periods for which
compensation is provided) disregarded pursuant to paragraph
(3), this subsection shall cease to apply as of the
expiration date of the collective bargaining agreement in
effect when the plan emerges from endangered or critical
status. Notwithstanding the preceding sentence, once the plan
emerges from critical or endangered status, increases in the
contribution rate disregarded pursuant to paragraph (3) shall
continue to be disregarded in determining the highest
contribution rate under section 4219(c) of such Act for plan
years during which the plan was in endangered or critical
status.
``(5) Simplified calculations.--The Pension Benefit
Guaranty Corporation shall prescribe simplified methods for
the application of this subsection in determining withdrawal
liability and payment amounts under section 4219(c) of such
Act.''.
(c) Effective Date.--The amendments made by this section
shall apply to benefit reductions and increases in the
contribution rate or other required contribution increases
that go into effect during plan years beginning after
December 31, 2014 and to surcharges the obligation for which
accrue on or after December 31, 2014.
SEC. 110. GUARANTEE FOR PRE-RETIREMENT SURVIVOR ANNUITIES
UNDER MULTIEMPLOYER PENSION PLANS.
(a) In General.--Section 4022A(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1322a(c))
is amended by adding at the end the following:
``(4) For purposes of subsection (a), in the case of a
qualified preretirement survivor annuity (as defined in
section 205(e)(1)) payable to the surviving spouse of a
participant under a multiemployer plan which becomes
insolvent under section 4245(b) or 4281(d)(2) or is
terminated, such annuity shall not be treated as forfeitable
solely because the participant has not died as of the date on
which the plan became so insolvent or the termination
date.''.
(b) Retroactive Application.--The amendment made by this
section shall apply with respect to multiemployer plan
benefit payments becoming payable on or after January 1,
1985, except that the amendment shall not apply in any case
where the surviving spouse has died before the date of the
enactment of this Act.
SEC. 111. REQUIRED DISCLOSURE OF MULTIEMPLOYER PLAN
INFORMATION.
(a) In General.--Section 101(k)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021(k)(1))
is amended to read as follows:
``(1) In general.--Each administrator of a defined benefit
plan that is a multiemployer plan shall, upon written
request, furnish to any plan participant or beneficiary,
employee representative, or any employer that has an
obligation to contribute to the plan a copy of--
``(A) the current plan document (including any amendments
thereto),
``(B) the latest summary plan description of the plan,
``(C) the current trust agreement (including any amendments
thereto), or any other instrument or agreement under which
the plan is established or operated,
``(D) in the case of a request by an employer, any
participation agreement with respect to the plan for such
employer that relates to the employer's plan participation
during the current or any of the 5 immediately preceding plan
years,
``(E) the annual report filed under section 104 for any
plan year,
``(F) the plan funding notice provided under subsection (f)
for any plan year,
``(G) any periodic actuarial report (including any
sensitivity testing) received by the plan for any plan year
which has been in the plan's possession for at least 30 days,
``(H) any quarterly, semi-annual, or annual financial
report prepared for the plan by any plan investment manager
or advisor or other fiduciary which has been in the plan's
possession for at least 30 days,
``(I) audited financial statements of the plan for any plan
year,
``(J) any application filed with the Secretary of the
Treasury requesting an extension under section 304(d) of this
Act or section 431(d) of the Internal Revenue Code of 1986
and the determination of such Secretary pursuant to such
application, and
``(K) in the case of a plan which was in critical or
endangered status under section 305 for a plan year, the
latest funding improvement or rehabilitation plan, and the
contribution schedules applicable with respect to such
funding improvement or rehabilitation plan (other than a
contribution schedule applicable to a specific employer).''.
(b) Limitations on Disclosure.--Section 101(k)(3) of such
Act (29 U.S.C. 1021(k)(3)) is amended by striking the 1st
sentence and inserting the following: ``In no case shall a
participant, beneficiary, employee representative, or
employer be entitled under this subsection to receive more
than one copy of any document described in paragraph (1)
during any one 12-month period, or, in the case of any
document described in subparagraph (E), (F), (G), (H) or (I)
of paragraph (1), a copy of any such document that as of the
date on which the request is received by the administrator,
has been in the administrator's possession for 6 years or
more. If the administrator provides a copy of a document
described in paragraph (1) to any person upon request, the
administrator shall be considered as having met any
obligation the administrator may have under any other
provision of this title to furnish a copy of the same
document to such person upon request.''.
(c) Retention of Records.--Section 107 of such Act (29
U.S.C. 1027) is amended--
(1) by inserting ``(including the documents described in
subparagraphs (E) through (I) of section 101(k))'' after
``file any report''; and
(2) by inserting ``a copy of such report and'' after
``shall maintain''.
(d) Civil Enforcement.--Section 502(a) of such Act (29
U.S.C. 1132(a)) is amended--
(1) in paragraph (9), by striking ``or'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) in the case of a multiemployer plan, by an employee
representative, or any employer that has an obligation to
contribute to the plan, (A) to enjoin any act or practice
which violates subsection (k) of section 101 (or, in the case
of an employer, subsection (l) of such section), or (B) to
obtain appropriate equitable relief (i) to redress such
violation or (ii) to enforce such subsection.''.
(e) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
Subtitle B--Multiemployer Plan Mergers and Partitions
SEC. 121. MERGERS.
(a) PBGC Assistance for Multiemployer Plan Mergers.--
Section 4231 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1411) is amended by adding at the end the
following:
``(e) Facilitated Mergers.--
``(1) In general.--When requested to do so by the plan
sponsors, the corporation may take such actions as it deems
appropriate to promote and facilitate the merger of two or
more multiemployer plans if it determines, after consultation
with the Participant and Plan Sponsor Advocate selected under
section 4004, that the transaction is in the interests of the
participants and beneficiaries of at least one of the plans
and is not reasonably expected to be adverse to the overall
interests of the participants and beneficiaries of any of the
plans. Such facilitation may include training, technical
assistance, mediation, communication with stakeholders, and
support with related requests to other government agencies.
``(2) Financial assistance.--In order to facilitate a
merger which it determines is necessary to enable one or more
of the plans involved to avoid or postpone insolvency, the
corporation may provide financial assistance (within the
meaning of section 4261) to the merged plan if--
``(A) one or more of the multiemployer plans participating
in the merger is in critical and declining status (as defined
in section 305(b)(4));
``(B) the corporation reasonably expects that--
``(i) such financial assistance will reduce the
corporation's expected long-term loss with respect to the
plans involved; and
``(ii) such financial assistance is necessary for the
merged plan to become or remain solvent;
``(C) the corporation certifies that its ability to meet
existing financial assistance obligations to other plans will
not be impaired by such financial assistance; and
``(D) such financial assistance is paid exclusively from
the fund for basic benefits guaranteed for multiemployer
plans.
Not later than 14 days after the provision of such financial
assistance, the corporation shall provide notice of such
financial assistance to the Committee on Education and the
Workforce of the House of Representatives, the Committee on
Ways and Means of the House of Representatives, the Committee
on Finance of the Senate, and the Committee on Health,
Education, Labor, and Pensions of the Senate.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
SEC. 122. PARTITIONS OF ELIGIBLE MULTIEMPLOYER PLANS.
(a) In General.--
(1) In general.--Section 4233 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1413) is amended to
read as follows:
``SEC. 4233. PARTITIONS OF ELIGIBLE MULTIEMPLOYER PLANS.
``(a)(1) Upon the application by the plan sponsor of an
eligible multiemployer plan for a partition of the plan, the
corporation may order a partition of the plan in accordance
with this section. The corporation shall make a determination
regarding the application not later than 270 days after the
date such application was filed (or, if later, the date such
application was completed) in accordance with regulations
promulgated by the corporation.
``(2) Not later than 30 days after submitting an
application for partition of a plan
[[Page H9265]]
under paragraph (1), the plan sponsor of the plan shall
notify the participants and beneficiaries of such
application, in the form and manner prescribed by regulations
issued by the corporation.
``(b) For purposes of this section, a multiemployer plan is
an eligible multiemployer plan if--
``(1) the plan is in critical and declining status (as
defined in section 305(b)(4));
``(2) the corporation determines, after consultation with
the Participant and Plan Sponsor Advocate selected under
section 4004, that the plan sponsor has taken (or is taking
concurrently with an application for partition) all
reasonable measures to avoid insolvency, including the
maximum benefit suspensions under section 305(e)(9), if
applicable;
``(3) the corporation reasonably expects that--
``(A) a partition of the plan will reduce the corporation's
expected long-term loss with respect to the plan; and
``(B) a partition of the plan is necessary for the plan to
remain solvent;
``(4) the corporation certifies to Congress that its
ability to meet existing financial assistance obligations to
other plans (including any liabilities associated with
multiemployer plans that are insolvent or that are projected
to become insolvent within 10 years) will not be impaired by
such partition; and
``(5) the cost to the corporation arising from such
partition is paid exclusively from the fund for basic
benefits guaranteed for multiemployer plans.
``(c) The corporation's partition order shall provide for a
transfer to the plan referenced in subsection (d)(1) of the
minimum amount of the plan's liabilities necessary for the
plan to remain solvent.
``(d)(1) The plan created by the partition order is a
successor plan to which section 4022A applies.
``(2) The plan sponsor of an eligible multiemployer plan
prior to the partition and the administrator of such plan
shall be the plan sponsor and the administrator,
respectively, of the plan created by the partition order.
``(3) In the event an employer withdraws from the plan that
was partitioned within ten years following the date of the
partition order, withdrawal liability shall be computed under
section 4201 with respect to both the plan that was
partitioned and the plan created by the partition order. If
the withdrawal occurs more than ten years after the date of
the partition order, withdrawal liability shall be computed
under section 4201 only with respect to the plan that was
partitioned (and not with respect to the plan created by the
partition order).
``(e)(1) For each participant or beneficiary of the plan
whose benefit was transferred to the plan created by the
partition order pursuant to a partition, the plan that was
partitioned shall pay a monthly benefit to such participant
or beneficiary for each month in which such benefit is in pay
status following the effective date of such partition in an
amount equal to the excess of--
``(A) the monthly benefit that would be paid to such
participant or beneficiary for such month under the terms of
the plan (taking into account benefit suspensions under
section 305(e)(9) and any plan amendments following the
effective date of such partition) if the partition had not
occurred, over
``(B) the monthly benefit for such participant or
beneficiary which is guaranteed under section 4022A.
``(2) In any case in which a plan provides a benefit
improvement (as defined in section 305(e)(9)(E)(vi)) that
takes effect after the effective date of the partition, the
plan shall pay to the corporation for each year during the
10-year period following the partition effective date, an
annual amount equal to the lesser of--
``(A) the total value of the increase in benefit payments
for such year that is attributable to the benefit
improvement, or
``(B) the total benefit payments from the plan created by
the partition for such year.
Such payment shall be made at the time of, and in addition
to, any other premium imposed by the corporation under this
title.
``(3) The plan that was partitioned shall pay the premiums
imposed by the corporation under this title with respect to
participants whose benefits were transferred to the plan
created by the partition order for each year during the 10-
year period following the partition effective date.
``(f) Not later than 14 days after the partition order, the
corporation shall provide notice of such order to the
Committee on Education and the Workforce of the House of
Representatives, the Committee on Ways and Means of the House
of Representatives, the Committee on Finance of the Senate,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and any affected participants or
beneficiaries.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2014.
Subtitle C--Strengthening the Pension Benefit Guaranty Corporation
SEC. 131. PREMIUM INCREASES FOR MULTIEMPLOYER PLANS.
(a) Increase in Premium Rate for Multiemployer Plans.--
Section 4006(a)(3) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1306(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (iv), by striking ``or'' at the end;
(B) in clause (v)--
(i) by inserting ``and before January 1, 2015,'' after
``December 31, 2012,''; and
(ii) by striking the period at the end and inserting ``,
or''; and
(C) by adding at the end the following:
``(vi) in the case of a multiemployer plan, for plan years
beginning after December 31, 2014, $26 for each individual
who is a participant in such plan during the applicable plan
year.''; and
(2) by adding at the end the following:
``(M) For each plan year beginning in a calendar year after
2015, there shall be substituted for the dollar amount
specified in clause (vi) of subparagraph (A) 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
2013; 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.''.
(b) Treatment of Certain Funds.--Section 4005(b)(3) of such
Act (29 U.S.C. 1305(b)(3)) is amended--
(1) by striking ``Whenever'' and inserting ``(A)
Whenever''; and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A)--
``(i) the amounts of premiums received under section 4006
with respect to the fund to be used for basic benefits under
section 4022A in a fiscal year in the period beginning with
fiscal year 2016 and ending with fiscal year 2020 shall be
placed in a noninterest-bearing account within such fund in
the following amounts:
``(I) for fiscal year 2016, $108,000,000;
``(II) for fiscal year 2017, $111,000,000;
``(III) for fiscal year 2018, $113,000,000;
``(IV) for fiscal year 2019, $149,000,000; and
``(V) for fiscal year 2020, $296,000,000;
``(ii) premiums received in fiscal years specified in
subclauses (I) through (V) of clause (i) shall be allocated
in order first to the noninterest-bearing account in the
amount specified and second to any other accounts within such
fund; and
``(iii) financial assistance, as provided under section
4261, shall be withdrawn proportionately from the
noninterest-bearing and other accounts within the fund.''.
(c) Report.--In addition to any other report required by
section 4022A(f), not later than June 1, 2016, the Pension
Benefit Guaranty Corporation shall submit to Congress a
report that includes--
(1) an analysis of whether the premium levels enacted under
the amendment made by subsection (a) are sufficient for the
Pension Benefit Guaranty Corporation to meet its projected
mean stochastic basic benefit guarantee obligations for the
ten- and twenty-year periods beginning with 2015, including
an explanation of the assumptions underlying this analysis;
and
(2) if the analysis under paragraph (1) concludes that the
premium levels are insufficient to meet such obligations (or
are in excess of the levels sufficient to meet such
obligations), a proposed schedule of revised premiums
sufficient to meet (but not exceed) such obligations.
(d) Effective Date.--The amendments made by subsection (a)
shall apply with respect to plan years beginning after
December 31, 2014.
TITLE II--REMEDIATION MEASURES FOR DEEPLY TROUBLED PLANS
SEC. 201. CONDITIONS, LIMITATIONS, DISTRIBUTION AND NOTICE
REQUIREMENTS, AND APPROVAL PROCESS FOR BENEFIT
SUSPENSIONS UNDER MULTIEMPLOYER PLANS IN
CRITICAL AND DECLINING STATUS.
(a) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) General rule for plan in critical and declining
status.--Section 305(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(a)) is amended--
(A) in paragraph (1)(B), by striking ``and'' at the end;
(B) in paragraph (2)(B), by striking the period at the end
and inserting ``, and''; and
(C) by adding at the end the following:
``(3) if the plan is in critical and declining status--
``(A) the requirements of paragraph (2) shall apply to the
plan; and
``(B) the plan sponsor may, by plan amendment, suspend
benefits in accordance with the requirements of subsection
(e)(9).''.
(2) Critical and declining status defined.--Section 305(b)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1085(b)), as amended by sections 102 and 104, is
further amended by adding at the end the following:
``(6) Critical and declining status.--For purposes of this
section, a plan in critical status shall be treated as in
critical and declining status if the plan is described in one
or more of subparagraphs (A), (B), (C), and (D) of paragraph
(2) and the plan is projected to become insolvent within the
meaning of section 4245 during the current plan year or any
of the 14 succeeding plan years (19 succeeding plan years if
the plan has a ratio of inactive participants to active
participants that exceeds 2 to 1 or if the funded percentage
of the plan is less than 80 percent).''.
[[Page H9266]]
(3) Annual certification.--Section 305(b)(3)(A)(i) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1085(b)(3)(A)(i)) is amended--
(A) by striking ``and whether'' and inserting ``,
whether'', and
(B) by inserting ``, and whether or not the plan is or will
be in critical and declining status for such plan year''
before ``, and'' at the end.
(4) Annual funding notices.--Section 101(f)(2)(B) of such
Act (29 U.S.C. 1021(f)(2)(B)) is amended--
(A) by redesignating clauses (vi) through (x) as clauses
(vii) through (xi), respectively; and
(B) by inserting after clause (v) the following:
``(vi) in the case of a multiemployer plan, whether the
plan was in critical and declining status under section 305
for such plan year and, if so--
``(I) the projected date of insolvency;
``(II) a clear statement that such insolvency may result in
benefit reductions; and
``(III) a statement describing whether the plan sponsor has
taken legally permitted actions to prevent insolvency.''.
(5) Projections of assets and liabilities.--Section
305(b)(3)(B) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1085(b)(3)(B)) is amended by adding at the
end the following:
``(iv) Projections of critical and declining status.--In
determining whether a plan is in critical and declining
status as described in subsection (e)(9), clauses (i), (ii),
and (iii) shall apply, except that--
``(I) if reasonable, the plan actuary shall assume that
each contributing employer in compliance continues to comply
through the end of the rehabilitation period or such later
time as provided in subsection (e)(3)(A)(ii) with the terms
of the rehabilitation plan that correspond to the schedule
adopted or imposed under subsection (e), and
``(II) the plan actuary shall take into account any
suspensions of benefits described in subsection (e)(9)
adopted in a prior plan year that are still in effect.''.
(6) Benefit suspensions for multiemployer plans in critical
and declining status.--Section 305(e) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1085(e))
(as amended by section 109) is amended by inserting after
paragraph (8) the following:
``(9) Benefit suspensions for multiemployer plans in
critical and declining status.--
``(A) In general.--Notwithstanding section 204(g) and
subject to subparagraphs (B) through (I), the plan sponsor of
a plan in critical and declining status may, by plan
amendment, suspend benefits which the sponsor deems
appropriate.
``(B) Suspension of benefits.--
``(i) Suspension of benefits defined.--For purposes of this
subsection, the term `suspension of benefits' means the
temporary or permanent reduction of any current or future
payment obligation of the plan to any participant or
beneficiary under the plan, whether or not in pay status at
the time of the suspension of benefits.
``(ii) Length of suspensions.--Any suspension of benefits
made under subparagraph (A) shall remain in effect until the
earlier of when the plan sponsor provides benefit
improvements in accordance with subparagraph (E) or the
suspension of benefits expires by its own terms.
``(iii) No liability.--The plan shall not be liable for any
benefit payments not made as a result of a suspension of
benefits under this paragraph.
``(iv) Applicability.--For purposes of this paragraph, all
references to suspensions of benefits, increases in benefits,
or resumptions of suspended benefits with respect to
participants shall also apply with respect to benefits of
beneficiaries or alternative payees of participants.
``(v) Retiree representative.--
``(I) In general.--In the case of a plan with 10,000 or
more participants, not later than 60 days prior to the plan
sponsor submitting an application to suspend benefits, the
plan sponsor shall select a participant of the plan in pay
status to act as a retiree representative. The retiree
representative shall advocate for the interests of the
retired and deferred vested participants and beneficiaries of
the plan throughout the suspension approval process.
``(II) Reasonable expenses from plan.--The plan shall
provide for reasonable expenses by the retiree
representative, including reasonable legal and actuarial
support, commensurate with the plan's size and funded status.
``(III) Special rule relating to fiduciary status.--Duties
performed pursuant to subclause (I) shall not be subject to
section 404(a). The preceding sentence shall not apply to
those duties associated with an application to suspend
benefits pursuant to subparagraph (G) that are performed by
the retiree representative who is also a plan trustee.
``(C) Conditions for suspensions.--The plan sponsor of a
plan in critical and declining status for a plan year may
suspend benefits only if the following conditions are met:
``(i) Taking into account the proposed suspensions of
benefits (and, if applicable, a proposed partition of the
plan under section 4233), the plan actuary certifies that the
plan is projected to avoid insolvency within the meaning of
section 4245, assuming the suspensions of benefits continue
until the suspensions of benefits expire by their own terms
or if no such expiration date is set, indefinitely.
``(ii) The plan sponsor determines, in a written record to
be maintained throughout the period of the benefit
suspension, that the plan is still projected to become
insolvent unless benefits are suspended under this paragraph,
although all reasonable measures to avoid insolvency have
been taken (and continue to be taken during the period of the
benefit suspension). In its determination, the plan sponsor
may take into account factors including the following:
``(I) Current and past contribution levels.
``(II) Levels of benefit accruals (including any prior
reductions in the rate of benefit accruals).
``(III) Prior reductions (if any) of adjustable benefits.
``(IV) Prior suspensions (if any) of benefits under this
subsection.
``(V) The impact on plan solvency of the subsidies and
ancillary benefits available to active participants.
``(VI) Compensation levels of active participants relative
to employees in the participants' industry generally.
``(VII) Competitive and other economic factors facing
contributing employers.
``(VIII) The impact of benefit and contribution levels on
retaining active participants and bargaining groups under the
plan.
``(IX) The impact of past and anticipated contribution
increases under the plan on employer attrition and retention
levels.
``(X) Measures undertaken by the plan sponsor to retain or
attract contributing employers.
``(D) Limitations on suspensions.--Any suspensions of
benefits made by a plan sponsor pursuant to this paragraph
shall be subject to the following limitations:
``(i) The monthly benefit of any participant or beneficiary
may not be reduced below 110 percent of the monthly benefit
which is guaranteed by the Pension Benefit Guaranty
Corporation under section 4022A on the date of the
suspension.
``(ii)(I) In the case of a participant or beneficiary who
has attained 75 years of age as of the effective date of the
suspension, not more than the applicable percentage of the
maximum suspendable benefits of such participant or
beneficiary may be suspended under this paragraph.
``(II) For purposes of subclause (I), the maximum
suspendable benefits of a participant or beneficiary is the
portion of the benefits of such participant or beneficiary
that would be suspended pursuant to this paragraph without
regard to this clause;
``(III) For purposes of subclause (I), the applicable
percentage is a percentage equal to the quotient obtained by
dividing--
``(aa) the number of months during the period beginning
with the month after the month in which occurs the effective
date of the suspension and ending with the month during which
the participant or beneficiary attains the age of 80, by
``(bb) 60 months.
``(iii) No benefits based on disability (as defined under
the plan) may be suspended under this paragraph.
``(iv) Any suspensions of benefits, in the aggregate (and,
if applicable, considered in combination with a partition of
the plan under section 4233), shall be reasonably estimated
to achieve, but not materially exceed, the level that is
necessary to avoid insolvency.
``(v) In any case in which a suspension of benefits with
respect to a plan is made in combination with a partition of
the plan under section 4233, the suspension of benefits may
not take effect prior to the effective date of such
partition.
``(vi) Any suspensions of benefits shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect to
participants and beneficiaries and their benefits, that may
include one or more of the following:
``(I) Age and life expectancy.
``(II) Length of time in pay status.
``(III) Amount of benefit.
``(IV) Type of benefit: survivor, normal retirement, early
retirement.
``(V) Extent to which participant or beneficiary is
receiving a subsidized benefit.
``(VI) Extent to which participant or beneficiary has
received post-retirement benefit increases.
``(VII) History of benefit increases and reductions.
``(VIII) Years to retirement for active employees.
``(IX) Any discrepancies between active and retiree
benefits.
``(X) Extent to which active participants are reasonably
likely to withdraw support for the plan, accelerating
employer withdrawals from the plan and increasing the risk of
additional benefit reductions for participants in and out of
pay status.
``(XI) Extent to which benefits are attributed to service
with an employer that failed to pay its full withdrawal
liability.
``(vii) In the case of a plan that includes the benefits
described in clause (III), benefits suspended under this
paragraph shall--
``(I) first, be applied to the maximum extent permissible
to benefits attributable to a participant's service for an
employer which withdrew from the plan and failed to pay (or
is delinquent with respect to paying) the full amount of its
withdrawal liability under section 4201(b)(1) or an agreement
with the plan,
``(II) second, except as provided by subclause (III), be
applied to all other benefits that may be suspended under
this paragraph, and
[[Page H9267]]
``(III) third, be applied to benefits under a plan that are
directly attributable to a participant's service with any
employer which has, prior to the date of enactment of the
Multiemployer Pension Reform Act of 2014--
``(aa) withdrawn from the plan in a complete withdrawal
under section 4203 and has paid the full amount of the
employer's withdrawal liability under section 4201(b)(1) or
an agreement with the plan, and
``(bb) pursuant to a collective bargaining agreement,
assumed liability for providing benefits to participants and
beneficiaries of the plan under a separate, single-employer
plan sponsored by the employer, in an amount equal to any
amount of benefits for such participants and beneficiaries
reduced as a result of the financial status of the plan.
``(E) Benefit improvements.--
``(i) In general.--The plan sponsor may, in its sole
discretion, provide benefit improvements while any suspension
of benefits under the plan remains in effect, except that the
plan sponsor may not increase the liabilities of the plan by
reason of any benefit improvement for any participant or
beneficiary not in pay status by the first day of the plan
year for which the benefit improvement takes effect, unless--
``(I) such action is accompanied by equitable benefit
improvements in accordance with clause (ii) for all
participants and beneficiaries whose benefit commencement
dates were before the first day of the plan year for which
the benefit improvement for such participant or beneficiary
not in pay status took effect; and
``(II) the plan actuary certifies that after taking into
account such benefits improvements the plan is projected to
avoid insolvency indefinitely under section 4245.
``(ii) Equitable distribution of benefit improvements.--
``(I) Limitation.--The projected value of the total
liabilities for benefit improvements for participants and
beneficiaries not in pay status by the date of the first day
of the plan year in which the benefit improvements are
proposed to take effect, as determined as of such date, may
not exceed the projected value of the liabilities arising
from benefit improvements for participants and beneficiaries
with benefit commencement dates prior to the first day of
such plan year, as so determined.
``(II) Equitable distribution of benefits.--The plan
sponsor shall equitably distribute any increase in total
liabilities for benefit improvements in clause (i) to some or
all of the participants and beneficiaries whose benefit
commencement date is before the date of the first day of the
plan year in which the benefit improvements are proposed to
take effect, taking into account the relevant factors
described in subparagraph (D)(vi) and the extent to which the
benefits of the participants and beneficiaries were
suspended.
``(iii) Special rule for resumptions of benefits only for
participants in pay status.--The plan sponsor may increase
liabilities of the plan through a resumption of benefits for
participants and beneficiaries in pay status only if the plan
sponsor equitably distributes the value of resumed benefits
to some or all of the participants and beneficiaries in pay
status, taking into account the relevant factors described in
subparagraph (D)(vi).
``(iv) Special rule for certain benefit increases.--This
subparagraph shall not apply to a resumption of suspended
benefits or plan amendment which increases liabilities with
respect to participants and beneficiaries not in pay status
by the first day of the plan year in which the benefit
improvements took effect which--
``(I) the Secretary of the Treasury, in consultation with
the Pension Benefit Guaranty Corporation and the Secretary of
Labor, determines to be reasonable and which provides for
only de minimis increases in the liabilities of the plan, or
``(II) is required as a condition of qualification under
part I of subchapter D of chapter 1 of subtitle A of the
Internal Revenue Code of 1986 or to comply with other
applicable law, as determined by the Secretary of the
Treasury.
``(v) Additional limitations.--Except for resumptions of
suspended benefits described in clause (iii), the limitations
on benefit improvements while a suspension of benefits is in
effect under this paragraph shall be in addition to any other
applicable limitations on increases in benefits imposed on a
plan.
``(vi) Definition of benefit improvement.--For purposes of
this subparagraph, the term `benefit improvement' means, with
respect to a plan, a resumption of suspended benefits, an
increase in benefits, an increase in the rate at which
benefits accrue, or an increase in the rate at which benefits
become nonforfeitable under the plan.
``(F) Notice requirements.--
``(i) In general.--No suspension of benefits may be made
pursuant to this paragraph unless notice of such proposed
suspension has been given by the plan sponsor concurrently
with an application for approval of such suspension submitted
under subparagraph (G) to the Secretary of the Treasury to--
``(I) such plan participants and beneficiaries who may be
contacted by reasonable efforts,
``(II) each employer who has an obligation to contribute
(within the meaning of section 4212(a)) under the plan, and
``(III) each employee organization which, for purposes of
collective bargaining, represents plan participants employed
by such an employer.
``(ii) Content of notice.--The notice under clause (i)
shall contain--
``(I) sufficient information to enable participants and
beneficiaries to understand the effect of any suspensions of
benefits, including an individualized estimate (on an annual
or monthly basis) of such effect on each participant or
beneficiary,
``(II) a description of the factors considered by the plan
sponsor in designing the benefit suspensions,
``(III) a statement that the application for approval of
any suspension of benefits shall be available on the website
of the Department of the Treasury and that comments on such
application will be accepted,
``(IV) information as to the rights and remedies of plan
participants and beneficiaries,
``(V) if applicable, a statement describing the appointment
of a retiree representative, the date of appointment of such
representative, identifying information about the retiree
representative (including whether the representative is a
plan trustee), and how to contact such representative, and
``(VI) information on how to contact the Department of the
Treasury for further information and assistance where
appropriate.
``(iii) Form and manner.--Any notice under clause (i)--
``(I) shall be provided in a form and manner prescribed in
guidance by the Secretary of the Treasury, in consultation
with the Pension Benefit Guaranty Corporation and the
Secretary of Labor, notwithstanding any other provision of
law,
``(II) shall be written in a manner so as to be understood
by the average plan participant, and
``(III) may be provided in written, electronic, or other
appropriate form to the extent such form is reasonably
accessible to persons to whom the notice is required to be
provided.
``(iv) Other notice requirement.--Any notice provided under
clause (i) shall fulfill the requirement for notice of a
significant reduction in benefits described in section
204(h).
``(v) Model notice.--The Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall in the guidance prescribed
under clause (iii)(I) establish a model notice that a plan
sponsor may use to meet the requirements of this
subparagraph.
``(G) Approval process by the secretary of the treasury in
consultation with the pension benefit guaranty corporation
and the secretary of labor.--
``(i) In general.--The plan sponsor of a plan in critical
and declining status for a plan year that seeks to suspend
benefits must submit an application to the Secretary of the
Treasury for approval of the suspensions of benefits. If the
plan sponsor submits an application for approval of the
suspensions, the Secretary of the Treasury, in consultation
with the Pension Benefit Guaranty Corporation and the
Secretary of Labor, shall approve the application upon
finding that the plan is eligible for the suspensions and has
satisfied the criteria of subparagraphs (C), (D), (E), and
(F).
``(ii) Solicitation of comments.--Not later than 30 days
after receipt of the application under clause (i), the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor,
shall publish a notice in the Federal Register soliciting
comments from contributing employers, employee organizations,
and participants and beneficiaries of the plan for which an
application was made and other interested parties. The
application for approval of the suspension of benefits shall
be published on the website of the Secretary of the Treasury.
``(iii) Required action; deemed approval.--The Secretary of
the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, shall
approve or deny any application for suspensions of benefits
under this paragraph within 225 days after the submission of
such application. An application for suspension of benefits
shall be deemed approved unless, within such 225 days, the
Secretary of the Treasury notifies the plan sponsor that it
has failed to satisfy one or more of the criteria described
in this paragraph. If the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, rejects a plan sponsor's
application, the Secretary of the Treasury shall provide
notice to the plan sponsor detailing the specific reasons for
the rejection, including reference to the specific
requirement not satisfied. Approval or denial by the
Secretary of the Treasury of an application shall be treated
as a final agency action for purposes of section 704 of title
5, United States Code.
``(iv) Agency review.--In evaluating whether the plan
sponsor has met the criteria specified in clause (ii) of
subparagraph (C), the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall review the plan sponsor's
consideration of factors under such clause.
``(v) Standard for accepting plan sponsor determinations.--
In evaluating the plan sponsor's application, the Secretary
of the Treasury shall accept the plan sponsor's
determinations unless it concludes, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, that the plan sponsor's determinations were clearly
erroneous.
``(H) Participant ratification process.--
[[Page H9268]]
``(i) In general.--No suspension of benefits may take
effect pursuant to this paragraph prior to a vote of the
participants of the plan with respect to the suspension.
``(ii) Administration of vote.--Not later than 30 days
after approval of the suspension by the Secretary of the
Treasury, in consultation with the Pension Benefit Guaranty
Corporation and the Secretary of Labor, under subparagraph
(G), the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, shall administer a vote of participants and
beneficiaries of the plan. Except as provided in clause (v),
the suspension shall go into effect following the vote unless
a majority of all participants and beneficiaries of the plan
vote to reject the suspension. The plan sponsor may submit a
new suspension application to the Secretary of the Treasury
for approval in any case in which a suspension is prohibited
from taking effect pursuant to a vote under this
subparagraph.
``(iii) Ballots.--The plan sponsor shall provide a ballot
for the vote (subject to approval by the Secretary of the
Treasury, in consultation with the Pension Benefit Guaranty
Corporation and the Secretary of Labor) that includes the
following:
``(I) A statement from the plan sponsor in support of the
suspension.
``(II) A statement in opposition to the suspension compiled
from comments received pursuant to subparagraph (G)(ii).
``(III) A statement that the suspension has been approved
by the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor.
``(IV) A statement that the plan sponsor has determined
that the plan will become insolvent unless the suspension
takes effect.
``(V) A statement that insolvency of the plan could result
in benefits lower than benefits paid under the suspension.
``(VI) A statement that insolvency of the Pension Benefit
Guaranty Corporation would result in benefits lower than
benefits paid in the case of plan insolvency.
``(iv) Communication by plan sponsor.--It is the sense of
Congress that, depending on the size and resources of the
plan and geographic distribution of the plan's participants,
the plan sponsor should take such steps as may be necessary
to inform participants about proposed benefit suspensions
through in-person meetings, telephone or internet-based
communications, mailed information, or by other means.
``(v) Systemically important plans.--
``(I) In general.--Not later than 14 days after a vote
under this subparagraph rejecting a suspension, the Secretary
of the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, shall
determine whether the plan is a systemically important plan.
If the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, determines that the plan is a systemically important
plan, not later than the end of the 90-day period beginning
on the date the results of the vote are certified, the
Secretary of the Treasury shall, notwithstanding such adverse
vote--
``(aa) permit the implementation of the suspension proposed
by the plan sponsor; or
``(bb) permit the implementation of a modification by the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor, of
such suspension (so long as the plan is projected to avoid
insolvency within the meaning of section 4245 under such
modification).
``(II) Recommendations.--Not later than 30 days after a
determination by the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, that the plan is systemically
important, the Participant and Plan Sponsor Advocate selected
under section 4004 may submit recommendations to the
Secretary of the Treasury with respect to the suspension or
any revisions to the suspension.
``(III) Systemically important plan defined.--
``(aa) In general.--For purposes of this subparagraph, a
systemically important plan is a plan with respect to which
the Pension Benefit Guaranty Corporation projects the present
value of projected financial assistance payments exceeds
$1,000,000,000 if suspensions are not implemented.
``(bb) Indexing.--For calendar years beginning after 2015,
there shall be substituted for the dollar amount specified in
item (aa) an amount equal to the product of such dollar
amount and a fraction, the numerator of which is the
contribution and benefit base (determined under section 230
of the Social Security Act) for the preceding calendar year
and the denominator of which is such contribution and benefit
base for calendar year 2014. If the amount otherwise
determined under this item is not a multiple of $1,000,000,
such amount shall be rounded to the next lowest multiple of
$1,000,000.
``(vi) Final authorization to suspend.--In any case in
which a suspension goes into effect following a vote pursuant
to clause (ii) (or following a determination under clause (v)
that the plan is a systemically important plan), the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor,
shall issue a final authorization to suspend with respect to
the suspension not later than 7 days after such vote (or, in
the case of a suspension that goes into effect under clause
(v), at a time sufficient to allow the implementation of the
suspension prior to the end of the 90-day period described in
clause (v)(I)).
``(I) Judicial review.--
``(i) Denial of application.--An action by the plan sponsor
challenging the denial of an application for suspension of
benefits by the Secretary of the Treasury, in consultation
with the Pension Benefit Guaranty Corporation and the
Secretary of Labor, may only be brought following such
denial.
``(ii) Approval of suspension of benefits.--
``(I) Timing of action.--An action challenging a suspension
of benefits under this paragraph may only be brought
following a final authorization to suspend by the Secretary
of the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, under
subparagraph (H)(vi).
``(II) Standards of review.--
``(aa) In general.--A court shall review an action
challenging a suspension of benefits under this paragraph in
accordance with section 706 of title 5, United States Code.
``(bb) Temporary injunction.--A court reviewing an action
challenging a suspension of benefits under this paragraph may
not grant a temporary injunction with respect to such
suspension unless the court finds a clear and convincing
likelihood that the plaintiff will prevail on the merits of
the case.
``(iii) Restricted cause of action.--A participant or
beneficiary affected by a benefit suspension under this
paragraph shall not have a cause of action under this title.
``(iv) Limitation on action to suspend benefits.--No action
challenging a suspension of benefits following the final
authorization to suspend or the denial of an application for
suspension of benefits pursuant to this paragraph may be
brought after one year after the earliest date on which the
plaintiff acquired or should have acquired actual knowledge
of the existence of such cause of action.
``(J) Special rule for emergence from critical status.--A
plan certified to be in critical and declining status
pursuant to projections made under subsection (b)(3) for
which a suspension of benefits has been made by the plan
sponsor pursuant to this paragraph shall not emerge from
critical status under paragraph (4)(B), until such time as--
``(i) the plan is no longer certified to be in critical or
endangered status under paragraphs (1) and (2) of subsection
(b), and
``(ii) the plan is projected to avoid insolvency under
section 4245.''.
(7) Rules relating to withdrawal liability.--
(A) Benefit suspensions disregarded.--Section 305(g)(1) of
the Employee Retirement Income Security Act of 1974, as added
by section 109, is further amended by inserting ``or benefit
reductions or suspensions while in critical and declining
status under subsection (e)(9)), unless the withdrawal occurs
more than ten years after the effective date of a benefit
suspension by a plan in critical and declining status,''
after ``benefit reductions under subsection (e)(8) or (f)''.
(B) Authority of plan to subordinate withdrawal liability
claims.--Section 4219(d) of such Act (29 U.S.C. 1399(d)) is
amended by striking the period at the end and inserting ``or
to any arrangement relating to withdrawal liability involving
the plan.''.
(C) Civil actions.--Section 4003(f)(1) of such Act (29
U.S.C. 1303)(f)(1)) is amended by inserting ``plan sponsor,''
before ``fiduciary''.
(8) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall publish appropriate
guidance to implement section 305(e)(9) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1085(e)(9)).
(b) Amendments to the Internal Revenue Code of 1986.--
(1) General rule for plan in critical and declining
status.--Section 432(a) of the Internal Revenue Code of 1986
is amended--
(A) in paragraph (1)(B), by striking ``and'' at the end;
(B) in paragraph (2)(B), by striking the period at the end
and inserting ``, and''; and
(C) by adding at the end the following:
``(3) if the plan is in critical and declining status--
``(A) the requirements of paragraph (2) shall apply to the
plan; and
``(B) the plan sponsor may, by plan amendment, suspend
benefits in accordance with the requirements of subsection
(e)(9).''.
(2) Critical and declining status defined.--Section 432(b)
of the Internal Revenue Code of 1986, as amended by sections
102 and 104, is further amended by adding at the end the
following:
``(6) Critical and declining status.--For purposes of this
section, a plan in critical status shall be treated as in
critical and declining status if the plan is described in one
or more of subparagraphs (A), (B), (C), and (D) of paragraph
(2) and the plan is projected to become insolvent within the
meaning of section 418E during the current plan year or any
of the 14 succeeding plan years (19 succeeding plan years if
the plan has a ratio of inactive participants to active
participants that exceeds 2 to 1 or if the funded percentage
of the plan is less than 80 percent).''.
(3) Annual certification.--Section 432(b)(3)(A)(i) of the
Internal Revenue Code of 1986 is amended--
[[Page H9269]]
(A) by striking ``and whether'' and inserting ``,
whether'', and
(B) by inserting ``, and whether or not the plan is or will
be in critical and declining status for such plan year''
before ``, and'' at the end.
(4) Projections of assets and liabilities.--Section
432(b)(3)(B) of the Internal Revenue Code of 1986 is amended
by adding at the end the following:
``(iv) Projections of critical and declining status.--In
determining whether a plan is in critical and declining
status as described in subsection (e)(9), clauses (i), (ii),
and (iii) shall apply, except that--
``(I) if reasonable, the plan actuary shall assume that
each contributing employer in compliance continues to comply
through the end of the rehabilitation period or such later
time as provided in subsection (e)(3)(A)(ii) with the terms
of the rehabilitation plan that correspond to the schedule
adopted or imposed under subsection (e), and
``(II) the plan actuary shall take into account any
suspensions of benefits described in subsection (e)(9)
adopted in a prior plan year that are still in effect.''.
(5) Benefit suspensions for multiemployer plans in critical
and declining status.--Section 432(e) of the Internal Revenue
Code of 1986 (as amended by section 109) is amended by
inserting after paragraph (8) the following:
``(9) Benefit suspensions for multiemployer plans in
critical and declining status.--
``(A) In general.--Notwithstanding section 411(d)(6) and
subject to subparagraphs (B) through (I), the plan sponsor of
a plan in critical and declining status may, by plan
amendment, suspend benefits which the sponsor deems
appropriate.
``(B) Suspension of benefits.--
``(i) Suspension of benefits defined.--For purposes of this
subsection, the term `suspension of benefits' means the
temporary or permanent reduction of any current or future
payment obligation of the plan to any participant or
beneficiary under the plan, whether or not in pay status at
the time of the suspension of benefits.
``(ii) Length of suspensions.--Any suspension of benefits
made under subparagraph (A) shall remain in effect until the
earlier of when the plan sponsor provides benefit
improvements in accordance with subparagraph (E) or the
suspension of benefits expires by its own terms.
``(iii) No liability.--The plan shall not be liable for any
benefit payments not made as a result of a suspension of
benefits under this paragraph.
``(iv) Applicability.--For purposes of this paragraph, all
references to suspensions of benefits, increases in benefits,
or resumptions of suspended benefits with respect to
participants shall also apply with respect to benefits of
beneficiaries or alternative payees of participants.
``(v) Retiree representative.--
``(I) In general.--In the case of a plan with 10,000 or
more participants, not later than 60 days prior to the plan
sponsor submitting an application to suspend benefits, the
plan sponsor shall select a participant of the plan in pay
status to act as a retiree representative. The retiree
representative shall advocate for the interests of the
retired and deferred vested participants and beneficiaries of
the plan throughout the suspension approval process.
``(II) Reasonable expenses from plan.--The plan shall
provide for reasonable expenses by the retiree
representative, including reasonable legal and actuarial
support, commensurate with the plan's size and funded status.
``(III) Special rule relating to fiduciary status.--Duties
performed pursuant to subclause (I) shall not be subject to
section 4975. The preceding sentence shall not apply to those
duties associated with an application to suspend benefits
pursuant to subparagraph (G) that are performed by the
retiree representative who is also a plan trustee.
``(C) Conditions for suspensions.--The plan sponsor of a
plan in critical and declining status for a plan year may
suspend benefits only if the following conditions are met:
``(i) Taking into account the proposed suspensions of
benefits (and, if applicable, a proposed partition of the
plan under section 4233 of the Employee Retirement Income
Security Act of 1974), the plan actuary certifies that the
plan is projected to avoid insolvency within the meaning of
section 418E, assuming the suspensions of benefits continue
until the suspensions of benefits expire by their own terms
or if no such expiration date is set, indefinitely.
``(ii) The plan sponsor determines, in a written record to
be maintained throughout the period of the benefit
suspension, that the plan is still projected to become
insolvent unless benefits are suspended under this paragraph,
although all reasonable measures to avoid insolvency have
been taken (and continue to be taken during the period of the
benefit suspension). In its determination, the plan sponsor
may take into account factors including the following:
``(I) Current and past contribution levels.
``(II) Levels of benefit accruals (including any prior
reductions in the rate of benefit accruals).
``(III) Prior reductions (if any) of adjustable benefits.
``(IV) Prior suspensions (if any) of benefits under this
subsection.
``(V) The impact on plan solvency of the subsidies and
ancillary benefits available to active participants.
``(VI) Compensation levels of active participants relative
to employees in the participants' industry generally.
``(VII) Competitive and other economic factors facing
contributing employers.
``(VIII) The impact of benefit and contribution levels on
retaining active participants and bargaining groups under the
plan.
``(IX) The impact of past and anticipated contribution
increases under the plan on employer attrition and retention
levels.
``(X) Measures undertaken by the plan sponsor to retain or
attract contributing employers.
``(D) Limitations on suspensions.--Any suspensions of
benefits made by a plan sponsor pursuant to this paragraph
shall be subject to the following limitations:
``(i) The monthly benefit of any participant or beneficiary
may not be reduced below 110 percent of the monthly benefit
which is guaranteed by the Pension Benefit Guaranty
Corporation under section 4022A of the Employee Retirement
Income Security Act of 1974 on the date of the suspension.
``(ii)(I) In the case of a participant or beneficiary who
has attained 75 years of age as of the effective date of the
suspension, not more than the applicable percentage of the
maximum suspendable benefits of such participant or
beneficiary may be suspended under this paragraph.
``(II) For purposes of subclause (I), the maximum
suspendable benefits of a participant or beneficiary is the
portion of the benefits of such participant or beneficiary
that would be suspended pursuant to this paragraph without
regard to this clause;
``(III) For purposes of subclause (I), the applicable
percentage is a percentage equal to the quotient obtained by
dividing--
``(aa) the number of months during the period beginning
with the month after the month in which occurs the effective
date of the suspension and ending with the month during which
the participant or beneficiary attains the age of 80, by
``(bb) 60 months.
``(iii) No benefits based on disability (as defined under
the plan) may be suspended under this paragraph.
``(iv) Any suspensions of benefits, in the aggregate (and,
if applicable, considered in combination with a partition of
the plan under section 4233 of the Employee Retirement Income
Security Act of 1974), shall be reasonably estimated to
achieve, but not materially exceed, the level that is
necessary to avoid insolvency.
``(v) In any case in which a suspension of benefits with
respect to a plan is made in combination with a partition of
the plan under section 4233 of the Employee Retirement Income
Security Act of 1974, the suspension of benefits may not take
effect prior to the effective date of such partition.
``(vi) Any suspensions of benefits shall be equitably
distributed across the participant and beneficiary
population, taking into account factors, with respect to
participants and beneficiaries and their benefits, that may
include one or more of the following:
``(I) Age and life expectancy.
``(II) Length of time in pay status.
``(III) Amount of benefit.
``(IV) Type of benefit: survivor, normal retirement, early
retirement.
``(V) Extent to which participant or beneficiary is
receiving a subsidized benefit.
``(VI) Extent to which participant or beneficiary has
received post-retirement benefit increases.
``(VII) History of benefit increases and reductions.
``(VIII) Years to retirement for active employees.
``(IX) Any discrepancies between active and retiree
benefits.
``(X) Extent to which active participants are reasonably
likely to withdraw support for the plan, accelerating
employer withdrawals from the plan and increasing the risk of
additional benefit reductions for participants in and out of
pay status.
``(XI) Extent to which benefits are attributed to service
with an employer that failed to pay its full withdrawal
liability.
``(vii) In the case of a plan that includes the benefits
described in clause (III), benefits suspended under this
paragraph shall--
``(I) first, be applied to the maximum extent permissible
to benefits attributable to a participant's service for an
employer which withdrew from the plan and failed to pay (or
is delinquent with respect to paying) the full amount of its
withdrawal liability under section 4201(b)(1) of the Employee
Retirement Income Security Act of 1974 or an agreement with
the plan,
``(II) second, except as provided by subclause (III), be
applied to all other benefits that may be suspended under
this paragraph, and
``(III) third, be applied to benefits under a plan that are
directly attributable to a participant's service with any
employer which has, prior to the date of enactment of the
Multiemployer Pension Reform Act of 2014--
``(aa) withdrawn from the plan in a complete withdrawal
under section 4203 of the Employee Retirement Income Security
Act of 1974 and has paid the full amount of the employer's
withdrawal liability under section 4201(b)(1) of such Act or
an agreement with the plan, and
``(bb) pursuant to a collective bargaining agreement,
assumed liability for providing benefits to participants and
beneficiaries of the plan under a separate, single-employer
plan sponsored by the employer, in an amount equal to any
amount of benefits for
[[Page H9270]]
such participants and beneficiaries reduced as a result of
the financial status of the plan.
``(E) Benefit improvements.--
``(i) In general.--The plan sponsor may, in its sole
discretion, provide benefit improvements while any suspension
of benefits under the plan remains in effect, except that the
plan sponsor may not increase the liabilities of the plan by
reason of any benefit improvement for any participant or
beneficiary not in pay status by the first day of the plan
year for which the benefit improvement takes effect, unless--
``(I) such action is accompanied by equitable benefit
improvements in accordance with clause (ii) for all
participants and beneficiaries whose benefit commencement
dates were before the first day of the plan year for which
the benefit improvement for such participant or beneficiary
not in pay status took effect; and
``(II) the plan actuary certifies that after taking into
account such benefits improvements the plan is projected to
avoid insolvency indefinitely under section 418E.
``(ii) Equitable distribution of benefit improvements.--
``(I) Limitation.--The projected value of the total
liabilities for benefit improvements for participants and
beneficiaries not in pay status by the date of the first day
of the plan year in which the benefit improvements are
proposed to take effect, as determined as of such date, may
not exceed the projected value of the liabilities arising
from benefit improvements for participants and beneficiaries
with benefit commencement dates prior to the first day of
such plan year, as so determined.
``(II) Equitable distribution of benefits.--The plan
sponsor shall equitably distribute any increase in total
liabilities for benefit improvements in clause (i) to some or
all of the participants and beneficiaries whose benefit
commencement date is before the date of the first day of the
plan year in which the benefit improvements are proposed to
take effect, taking into account the relevant factors
described in subparagraph (D)(vi) and the extent to which the
benefits of the participants and beneficiaries were
suspended.
``(iii) Special rule for resumptions of benefits only for
participants in pay status.--The plan sponsor may increase
liabilities of the plan through a resumption of benefits for
participants and beneficiaries in pay status only if the plan
sponsor equitably distributes the value of resumed benefits
to some or all of the participants and beneficiaries in pay
status, taking into account the relevant factors described in
subparagraph (D)(vi).
``(iv) Special rule for certain benefit increases.--This
subparagraph shall not apply to a resumption of suspended
benefits or plan amendment which increases liabilities with
respect to participants and beneficiaries not in pay status
by the first day of the plan year in which the benefit
improvements took effect which--
``(I) the Secretary of the Treasury, in consultation with
the Pension Benefit Guaranty Corporation and the Secretary of
Labor, determines to be reasonable and which provides for
only de minimis increases in the liabilities of the plan, or
``(II) is required as a condition of qualification under
part I of subchapter D of chapter 1 of subtitle A or to
comply with other applicable law, as determined by the
Secretary of the Treasury.
``(v) Additional limitations.--Except for resumptions of
suspended benefits described in clause (iii), the limitations
on benefit improvements while a suspension of benefits is in
effect under this paragraph shall be in addition to any other
applicable limitations on increases in benefits imposed on a
plan.
``(vi) Definition of benefit improvement.--For purposes of
this subparagraph, the term `benefit improvement' means, with
respect to a plan, a resumption of suspended benefits, an
increase in benefits, an increase in the rate at which
benefits accrue, or an increase in the rate at which benefits
become nonforfeitable under the plan.
``(F) Notice requirements.--
``(i) In general.--No suspension of benefits may be made
pursuant to this paragraph unless notice of such proposed
suspension has been given by the plan sponsor concurrently
with an application for approval of such suspension submitted
under subparagraph (G) to the Secretary of the Treasury to--
``(I) such plan participants and beneficiaries who may be
contacted by reasonable efforts,
``(II) each employer who has an obligation to contribute
(within the meaning of section 4212(a) of the Employee
Retirement Income Security Act of 1974) under the plan, and
``(III) each employee organization which, for purposes of
collective bargaining, represents plan participants employed
by such an employer.
``(ii) Content of notice.--The notice under clause (i)
shall contain--
``(I) sufficient information to enable participants and
beneficiaries to understand the effect of any suspensions of
benefits, including an individualized estimate (on an annual
or monthly basis) of such effect on each participant or
beneficiary,
``(II) a description of the factors considered by the plan
sponsor in designing the benefit suspensions,
``(III) a statement that the application for approval of
any suspension of benefits shall be available on the website
of the Department of the Treasury and that comments on such
application will be accepted,
``(IV) information as to the rights and remedies of plan
participants and beneficiaries,
``(V) if applicable, a statement describing the appointment
of a retiree representative, the date of appointment of such
representative, identifying information about the retiree
representative (including whether the representative is a
plan trustee), and how to contact such representative, and
``(VI) information on how to contact the Department of the
Treasury for further information and assistance where
appropriate.
``(iii) Form and manner.--Any notice under clause (i)--
``(I) shall be provided in a form and manner prescribed in
guidance by the Secretary of the Treasury, in consultation
with the Pension Benefit Guaranty Corporation and the
Secretary of Labor, notwithstanding any other provision of
law,
``(II) shall be written in a manner so as to be understood
by the average plan participant, and
``(III) may be provided in written, electronic, or other
appropriate form to the extent such form is reasonably
accessible to persons to whom the notice is required to be
provided.
``(iv) Other notice requirement.--Any notice provided under
clause (i) shall fulfill the requirement for notice of a
significant reduction in benefits described in section 4980F.
``(v) Model notice.--The Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall in the guidance prescribed
under clause (iii)(I) establish a model notice that a plan
sponsor may use to meet the requirements of this
subparagraph.
``(G) Approval process by the secretary of the treasury in
consultation with the pension benefit guaranty corporation
and the secretary of labor.--
``(i) In general.--The plan sponsor of a plan in critical
and declining status for a plan year that seeks to suspend
benefits must submit an application to the Secretary of the
Treasury for approval of the suspensions of benefits. If the
plan sponsor submits an application for approval of the
suspensions, the Secretary of the Treasury shall approve, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, the application upon finding that
the plan is eligible for the suspensions and has satisfied
the criteria of subparagraphs (C), (D), (E), and (F).
``(ii) Solicitation of comments.--Not later than 30 days
after receipt of the application under clause (i), the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor,
shall publish a notice in the Federal Register soliciting
comments from contributing employers, employee organizations,
and participants and beneficiaries of the plan for which an
application was made and other interested parties. The
application for approval of the suspension of benefits shall
be published on the website of the Department of the
Treasury.
``(iii) Required action; deemed approval.--The Secretary of
the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, shall
approve or deny any application for suspensions of benefits
under this paragraph within 225 days after the submission of
such application. An application for suspension of benefits
shall be deemed approved unless, within such 225 days, the
Secretary of the Treasury notifies the plan sponsor that it
has failed to satisfy one or more of the criteria described
in this paragraph. If the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, rejects a plan sponsor's
application, the Secretary of the Treasury shall provide
notice to the plan sponsor detailing the specific reasons for
the rejection, including reference to the specific
requirement not satisfied. Approval or denial by the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor, of
an application shall be treated as final agency action for
purposes of section 704 of title 5, United States Code.
``(iv) Agency review.--In evaluating whether the plan
sponsor has met the criteria specified in clause (ii) of
subparagraph (C), the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall review the plan sponsor's
consideration of factors under such clause.
``(v) Standard for accepting plan sponsor determinations.--
In evaluating the plan sponsor's application, the Secretary
of the Treasury shall accept the plan sponsor's
determinations unless it concludes, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, that the plan sponsor's determinations were clearly
erroneous.
``(H) Participant ratification process.--
``(i) In general.--No suspension of benefits may take
effect pursuant to this paragraph prior to a vote of the
participants of the plan with respect to the suspension.
``(ii) Administration of vote.--Not later than 30 days
after approval of the suspension by the Secretary of the
Treasury, in consultation with the Pension Benefit Guaranty
Corporation and the Secretary of Labor, under subparagraph
(G), the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, shall administer a vote of participants and
beneficiaries of the plan.
[[Page H9271]]
Except as provided in clause (v), the suspension shall go
into effect following the vote unless a majority of all
participants and beneficiaries of the plan vote to reject the
suspension. The plan sponsor may submit a new suspension
application to the Secretary of the Treasury for approval in
any case in which a suspension is prohibited from taking
effect pursuant to a vote under this subparagraph.
``(iii) Ballots.--The plan sponsor shall provide a ballot
for the vote (subject to approval by the Secretary of the
Treasury, in consultation with the Pension Benefit Guaranty
Corporation and the Secretary of Labor) that includes the
following:
``(I) A statement from the plan sponsor in support of the
suspension.
``(II) A statement in opposition to the suspension compiled
from comments received pursuant to subparagraph (G)(ii).
``(III) A statement that the suspension has been approved
by the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor.
``(IV) A statement that the plan sponsor has determined
that the plan will become insolvent unless the suspension
takes effect.
``(V) A statement that insolvency of the plan could result
in benefits lower than benefits paid under the suspension.
``(VI) A statement that insolvency of the Pension Benefit
Guaranty Corporation would result in benefits lower than
benefits paid in the case of plan insolvency.
``(iv) Communication by plan sponsor.--It is the sense of
Congress that, depending on the size and resources of the
plan and geographic distribution of the plan's participants,
the plan sponsor should take such steps as may be necessary
to inform participants about proposed benefit suspensions
through in-person meetings, telephone or internet-based
communications, mailed information, or by other means.
``(v) Systemically important plans.--
``(I) In general.--Not later than 14 days after a vote
under this subparagraph rejecting a suspension, the Secretary
of the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, shall
determine whether the plan is a systemically important plan.
If the Secretary of the Treasury, in consultation with the
Pension Benefit Guaranty Corporation and the Secretary of
Labor, determines that the plan is a systemically important
plan, not later than the end of the 90-day period beginning
on the date the results of the vote are certified, the
Secretary of the Treasury shall, notwithstanding such adverse
vote--
``(aa) permit the implementation of the suspension proposed
by the plan sponsor; or
``(bb) permit the implementation of a modification by the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor, of
such suspension (so long as the plan is projected to avoid
insolvency within the meaning of section 4245 of the Employee
Retirement Income Security Act of 1974 under such
modification).
``(II) Recommendations.--Not later than 30 days after a
determination by the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, that the plan is systemically
important, the Participant and Plan Sponsor Advocate selected
under section 4004 of the Employee Retirement Income Security
Act of 1974 may submit recommendations to the Secretary of
the Treasury with respect to the suspension or any revisions
to the suspension.
``(III) Systemically important plan defined.--
``(aa) In general.--For purposes of this subparagraph, a
systemically important plan is a plan with respect to which
the Pension Benefit Guaranty Corporation projects the present
value of projected financial assistance payments exceeds
$1,000,000,000 if suspensions are not implemented.
``(bb) Indexing.--For calendar years beginning after 2015,
there shall be substituted for the dollar amount specified in
item (aa) an amount equal to the product of such dollar
amount and a fraction, the numerator of which is the
contribution and benefit base (determined under section 230
of the Social Security Act) for the preceding calendar year
and the denominator of which is such contribution and benefit
base for calendar year 2014. If the amount otherwise
determined under this item is not a multiple of $1,000,000,
such amount shall be rounded to the next lowest multiple of
$1,000,000.
``(vi) Final authorization to suspend.--In any case in
which a suspension goes into effect following a vote pursuant
to clause (ii) (or following a determination under clause (v)
that the plan is a systemically important plan), the
Secretary of the Treasury, in consultation with the Pension
Benefit Guaranty Corporation and the Secretary of Labor,
shall issue a final authorization to suspend with respect to
the suspension not later than 7 days after such vote (or, in
the case of a suspension that goes into effect under clause
(v), at a time sufficient to allow the implementation of the
suspension prior to the end of the 90-day period described in
clause (v)(I)).
``(I) Judicial review.--
``(i) Denial of application.--An action by the plan sponsor
challenging the denial of an application for suspension of
benefits by the Secretary of the Treasury, in consultation
with the Pension Benefit Guaranty Corporation and the
Secretary of Labor, may only be brought following such
denial.
``(ii) Approval of suspension of benefits.--
``(I) Timing of action.--An action challenging a suspension
of benefits under this paragraph may only be brought
following a final authorization to suspend by the Secretary
of the Treasury, in consultation with the Pension Benefit
Guaranty Corporation and the Secretary of Labor, under
subparagraph (H)(vi).
``(II) Standards of review.--
``(aa) In general.--A court shall review an action
challenging a suspension of benefits under this paragraph in
accordance with section 706 of title 5, United States Code.
``(bb) Temporary injunction.--A court reviewing an action
challenging a suspension of benefits under this paragraph may
not grant a temporary injunction with respect to such
suspension unless the court finds a clear and convincing
likelihood that the plaintiff will prevail on the merits of
the case.
``(iii) Restricted cause of action.--A participant or
beneficiary affected by a benefit suspension under this
paragraph shall not have a cause of action under this title.
``(iv) Limitation on action to suspend benefits.--No action
challenging a suspension of benefits following the final
authorization to suspend or the denial of an application for
suspension of benefits pursuant to this paragraph may be
brought after one year after the earliest date on which the
plaintiff acquired or should have acquired actual knowledge
of the existence of such cause of action.
``(J) Special rule for emergence from critical status.--A
plan certified to be in critical and declining status
pursuant to projections made under subsection (b)(3) for
which a suspension of benefits has been made by the plan
sponsor pursuant to this paragraph shall not emerge from
critical status under paragraph (4)(B), until such time as--
``(i) the plan is no longer certified to be in critical or
endangered status under paragraphs (1) and (2) of subsection
(b), and
``(ii) the plan is projected to avoid insolvency under
section 418E.''.
(6) Rule relating to withdrawal liability.--Section
432(g)(1) of the Internal Revenue Code of 1986, as added by
section 109, is further amended by inserting ``, or benefit
reductions or suspensions while in critical and declining
status under subsection (e)(9)), unless the withdrawal occurs
more than ten years after the effective date of a benefit
suspension by a plan in critical and declining status,''
after ``benefit reductions under subsection (e)(8) or (f)''.
(7) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Pension Benefit Guaranty Corporation
and the Secretary of Labor, shall publish appropriate
guidance to implement section 432(e)(9) of the Internal
Revenue Code of 1986.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
DIVISION P--OTHER RETIREMENT-RELATED MODIFICATIONS
SECTION 1. SUBSTANTIAL CESSATION OF OPERATIONS.
(a) In General.--Subsection (e) of section 4062 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1362) is amended to read as follows:
``(e) Treatment of Substantial Cessation of Operations.--
``(1) General rule.--Except as provided in paragraphs (3)
and (4), if there is a substantial cessation of operations at
a facility in any location, the employer shall be treated
with respect to any single employer plan established and
maintained by the employer covering participants at such
facility as if the employer were a substantial employer under
a plan under which more than one employer makes contributions
and the provisions of sections 4063, 4064, and 4065 shall
apply.
``(2) Substantial cessation of operations.--For purposes of
this subsection:
``(A) In general.--The term `substantial cessation of
operations' means a permanent cessation of operations at a
facility which results in a workforce reduction of a number
of eligible employees at the facility equivalent to more than
15 percent of the number of all eligible employees of the
employer, determined immediately before the earlier of--
``(i) the date of the employer's decision to implement such
cessation, or
``(ii) in the case of a workforce reduction which includes
1 or more eligible employees described in paragraph (6)(B),
the earliest date on which any such eligible employee was
separated from employment.
``(B) Workforce reduction.--Subject to subparagraphs (C)
and (D), the term `workforce reduction' means the number of
eligible employees at a facility who are separated from
employment by reason of the permanent cessation of operations
of the employer at the facility.
``(C) Relocation of workforce.--An eligible employee
separated from employment at a facility shall not be taken
into account in computing a workforce reduction if, within a
reasonable period of time, the employee is replaced by the
employer, at the same or another facility located in the
United States, by an employee who is a citizen or resident of
the United States.
``(D) Dispositions.--If, whether by reason of a sale or
other disposition of the assets or stock of a contributing
sponsor (or any member of the same controlled group as such a
[[Page H9272]]
sponsor) of the plan relating to operations at a facility or
otherwise, an employer (the `transferee employer') other than
the employer which experiences the substantial cessation of
operations (the `transferor employer') conducts any portion
of such operations, then--
``(i) an eligible employee separated from employment with
the transferor employer at the facility shall not be taken
into account in computing a workforce reduction if--
``(I) within a reasonable period of time, the employee is
replaced by the transferee employer by an employee who is a
citizen or resident of the United States; and
``(II) in the case of an eligible employee who is a
participant in a single employer plan maintained by the
transferor employer, the transferee employer, within a
reasonable period of time, maintains a single employer plan
which includes the assets and liabilities attributable to the
accrued benefit of the eligible employee at the time of
separation from employment with the transferor employer; and
``(ii) an eligible employee who continues to be employed at
the facility by the transferee employer shall not be taken
into account in computing a workforce reduction if--
``(I) the eligible employee is not a participant in a
single employer plan maintained by the transferor employer,
or
``(II) in any other case, the transferee employer, within a
reasonable period of time, maintains a single employer plan
which includes the assets and liabilities attributable to the
accrued benefit of the eligible employee at the time of
separation from employment with the transferor employer.
``(3) Exemption for plans with limited underfunding.--
Paragraph (1) shall not apply with respect to a single
employer plan if, for the plan year preceding the plan year
in which the cessation occurred--
``(A) there were fewer than 100 participants with accrued
benefits under the plan as of the valuation date of the plan
for the plan year (as determined under section 303(g)(2)); or
``(B) the ratio of the market value of the assets of the
plan to the funding target of the plan for the plan year was
90 percent or greater.
``(4) Election to make additional contributions to satisfy
liability.--
``(A) In general.--An employer may elect to satisfy the
employer's liability with respect to a plan by reason of
paragraph (1) by making additional contributions to the plan
in the amount determined under subparagraph (B) for each plan
year in the 7-plan-year period beginning with the plan year
in which the cessation occurred. Any such additional
contribution for a plan year shall be in addition to any
minimum required contribution under section 303 for such plan
year and shall be paid not later than the earlier of--
``(i) the due date for the minimum required contribution
for such year under section 303(j); or
``(ii) in the case of the first such contribution, the date
that is 1 year after the date on which the employer notifies
the Corporation of the substantial cessation of operations or
the date the Corporation determines a substantial cessation
of operations has occurred, and in the case of subsequent
contributions, the same date in each succeeding year.
``(B) Amount determined.--
``(i) In general.--Except as provided in clause (iii), the
amount determined under this subparagraph with respect to
each plan year in the 7-plan-year period is the product of--
``(I) \1/7\ of the unfunded vested benefits determined
under section 4006(a)(3)(E) as of the valuation date of the
plan (as determined under section 303(g)(2)) for the plan
year preceding the plan year in which the cessation occurred;
and
``(II) the reduction fraction.
``(ii) Reduction fraction.--For purposes of clause (i), the
reduction fraction of a single employer plan is equal to--
``(I) the number of participants with accrued benefits in
the plan who were included in computing the workforce
reduction under paragraph (2)(B) as a result of the cessation
of operations at the facility; divided by
``(II) the number of eligible employees of the employer who
are participants with accrued benefits in the plan,
determined as of the same date the determination under
paragraph (2)(A) is made.
``(iii) Limitation.--The additional contribution under this
subparagraph for any plan year shall not exceed the excess,
if any, of--
``(I) 25 percent of the difference between the market value
of the assets of the plan and the funding target of the plan
for the preceding plan year; over
``(II) the minimum required contribution under section 303
for the plan year.
``(C) Permitted cessation of annual installments when plan
becomes sufficiently funded.--An employer's obligation to
make additional contributions under this paragraph shall not
apply to--
``(i) the first plan year (beginning on or after the first
day of the plan year in which the cessation occurs) for which
the ratio of the market value of the assets of the plan to
the funding target of the plan for the plan year is 90
percent or greater, or
``(ii) any plan year following such first plan year.
``(D) Coordination with funding waivers.--
``(i) In general.--If the Secretary of the Treasury issues
a funding waiver under section 302(c) with respect to the
plan for a plan year in the 7-plan-year period under
subparagraph (A), the additional contribution with respect to
such plan year shall be permanently waived.
``(ii) Notice.--An employer maintaining a plan with respect
to which such a funding waiver has been issued or a request
for such a funding waiver is pending shall provide notice to
the Secretary of the Treasury, in such form and at such time
as the Secretary of the Treasury shall provide, of a
cessation of operations to which paragraph (1) applies.
``(E) Enforcement.--
``(i) Notice.--An employer making the election under this
paragraph shall provide notice to the Corporation, in
accordance with rules prescribed by the Corporation, of--
``(I) such election, not later than 30 days after the
earlier of the date the employer notifies the Corporation of
the substantial cessation of operations or the date the
Corporation determines a substantial cessation of operations
has occurred;
``(II) the payment of each additional contribution, not
later than 10 days after such payment;
``(III) any failure to pay the additional contribution in
the full amount for any year in the 7-plan-year period, not
later than 10 days after the due date for such payment;
``(IV) the waiver under subparagraph (D)(i) of the
obligation to make an additional contribution for any year,
not later than 30 days after the funding waiver described in
such subparagraph is granted; and
``(V) the cessation of any obligation to make additional
contributions under subparagraph (C), not later than 10 days
after the due date for payment of the additional contribution
for the first plan year to which such cessation applies.
``(ii) Acceleration of liability to the plan for failure to
pay.--If an employer fails to pay the additional contribution
in the full amount for any year in the 7-plan-year period by
the due date for such payment, the employer shall, as of such
date, be liable to the plan in an amount equal to the balance
which remains unpaid as of such date of the aggregate amount
of additional contributions required to be paid by the
employer during such 7-year-plan period. The Corporation may
waive or settle the liability described in the preceding
sentence, at the discretion of the Corporation.
``(iii) Civil action.--The Corporation may bring a civil
action in the district courts of the United States in
accordance with section 4003(e) to compel an employer making
such election to pay the additional contributions required
under this paragraph.
``(5) Definitions.--For purposes of this subsection:
``(A) Eligible employee.--The term `eligible employee'
means an employee who is eligible to participate in an
employee pension benefit plan (as defined in section 3(2))
established and maintained by the employer.
``(B) Funding target.--The term `funding target' means,
with respect to any plan year, the funding target as
determined under section 4006(a)(3)(E)(iii)(I) for purposes
of determining the premium paid to the Corporation under
section 4007 for the plan year.
``(C) Market value.--The market value of the assets of a
plan shall be determined in the same manner as for purposes
of section 4006(a)(3)(E).
``(6) Special rules.--
``(A) Change in operation of certain facilities and
property.--For purposes of paragraphs (1) and (2), an
employer shall not be treated as ceasing operations at a
qualified lodging facility (as defined in section
856(d)(9)(D) of the Internal Revenue Code of 1986) if such
operations are continued by an eligible independent
contractor (as defined in section 856(d)(9)(A) of such Code)
pursuant to an agreement with the employer.
``(B) Aggregation of prior separations.--The workforce
reduction under paragraph (2) with respect to any cessation
of operations shall be determined by taking into account any
separation from employment of any eligible employee at the
facility (other than a separation which is not taken into
account as workforce reduction by reason of subparagraph (C)
or (D) of paragraph (2)) which--
``(i) is related to the permanent cessation of operations
of the employer at the facility, and
``(ii) occurs during the 3-year period preceding such
cessation.
``(C) No addition to prefunding balance.--For purposes of
section 303(f)(6)(B) and section 430(f)(6)(B) of the Internal
Revenue Code of 1986, any additional contribution made under
paragraph (4) shall be treated in the same manner as a
contribution an employer is required to make in order to
avoid a benefit reduction under paragraph (1), (2), or (4) of
section 206(g) or subsection (b), (c), or (e) of section 436
of the Internal Revenue Code of 1986 for the plan year.''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to a cessation of operations or other event at a
facility occurring on or after the date of enactment of this
Act.
(2) Transition rule.--An employer that had a cessation of
operations before the date of enactment of this Act (as
determined under subsection 4062(e) of the Employee
Retirement Income Security Act of 1974 as in effect before
the amendment made by this section), but did not enter into
an arrangement with the Pension Benefit Guaranty Corporation
to satisfy the requirements of
[[Page H9273]]
such subsection (as so in effect) before such date of
enactment, shall be permitted to make the election under
section 4062(e)(4) of such Act (as in effect after the
amendment made by this section) as if such cessation had
occurred on such date of enactment. Such election shall be
made not later than 30 days after such Corporation issues, on
or after such date of the enactment, a final administrative
determination that a substantial cessation of operations has
occurred.
(c) Direction to the Corporation.--The Pension Benefit
Guaranty Corporation shall not take any enforcement,
administrative, or other action pursuant to section 4062(e)
of the Employee Retirement Income Security Act of 1974, or in
connection with an agreement settling liability arising under
such section, that is inconsistent with the amendment made by
this section, without regard to whether the action relates to
a cessation or other event that occurs before, on, or after
the date of the enactment of this Act, unless such action is
in connection with a settlement agreement that is in place
before June 1, 2014. The Pension Benefit Guaranty Corporation
shall not initiate a new enforcement action with respect to
section 4062(e) of such Act that is inconsistent with its
enforcement policy in effect on June 1, 2014.
SEC. 2. CLARIFICATION OF THE NORMAL RETIREMENT AGE.
(a) Amendments to the Employee Retirement Income Security
Act of 1974.--Section 204 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1054) is amended by
redesignating subsection (k) as subsection (l) and by
inserting after subsection (j) the following new subsection:
``(k) Special Rule for Determining Normal Retirement Age
for Certain Existing Defined Benefit Plans.--
``(1) In general.--Notwithstanding section 3(24), an
applicable plan shall not be treated as failing to meet any
requirement of this title, or as failing to have a uniform
normal retirement age for purposes of this title, solely
because the plan provides for a normal retirement age
described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means a
defined benefit plan the terms of which, on or before
December 8, 2014, provided for a normal retirement age which
is the earlier of--
``(i) an age otherwise permitted under section 3(24), or
``(ii) the age at which a participant completes the number
of years (not less than 30 years) of benefit accrual service
specified by the plan.
A plan shall not fail to be treated as an applicable plan
solely because the normal retirement age described in the
preceding sentence only applied to certain participants or
only applied to employees of certain employers in the case of
a plan maintained by more than 1 employer.
``(B) Expanded application.--Subject to subparagraph (C),
if, after December 8, 2014, an applicable plan is amended to
expand the application of the normal retirement age described
in subparagraph (A) to additional participants or to
employees of additional employers maintaining the plan, such
plan shall also be treated as an applicable plan with respect
to such participants or employees.
``(C) Limitation on expanded application.--A defined
benefit plan shall be an applicable plan only with respect to
an individual who--
``(i) is a participant in the plan on or before January 1,
2017, or
``(ii) is an employee at any time on or before January 1,
2017, of any employer maintaining the plan, and who becomes a
participant in such plan after such date.''.
(b) Amendment to the Internal Revenue Code of 1986.--
Section 411 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(f) Special Rule for Determining Normal Retirement Age
for Certain Existing Defined Benefit Plans.--
``(1) In general.--Notwithstanding subsection (a)(8), an
applicable plan shall not be treated as failing to meet any
requirement of this subchapter, or as failing to have a
uniform normal retirement age for purposes of this
subchapter, solely because the plan provides for a normal
retirement age described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means a
defined benefit plan the terms of which, on or before
December 8, 2014, provided for a normal retirement age which
is the earlier of--
``(i) an age otherwise permitted under subsection (a)(8),
or
``(ii) the age at which a participant completes the number
of years (not less than 30 years) of benefit accrual service
specified by the plan.
A plan shall not fail to be treated as an applicable plan
solely because the normal retirement age described in the
preceding sentence only applied to certain participants or
only applied to employees of certain employers in the case of
a plan maintained by more than 1 employer.
``(B) Expanded application.--Subject to subparagraph (C),
if, after December 8, 2014, an applicable plan is amended to
expand the application of the normal retirement age described
in subparagraph (A) to additional participants or to
employees of additional employers maintaining the plan, such
plan shall also be treated as an applicable plan with respect
to such participants or employees.
``(C) Limitation on expanded application.--A defined
benefit plan shall be an applicable plan only with respect to
an individual who--
``(i) is a participant in the plan on or before January 1,
2017, or
``(ii) is an employee at any time on or before January 1,
2017, of any employer maintaining the plan, and who becomes a
participant in such plan after such date.''.
(c) Effective Date.--The amendments made by this section
shall apply to all periods before, on, and after the date of
enactment of this Act.
SEC. 3. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY
PENSION PLAN RULES TO CERTAIN CHARITABLE
EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE IS
PROVIDING SERVICES WITH RESPECT TO CHILDREN.
(a) Employee Retirement Income and Security Act of 1974.--
(1) In general.--Section 210(f)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(1))
is amended by striking ``or'' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and
inserting ``; or'', and by inserting after subparagraph (B)
the following new subparagraph:
``(C) that, as of June 25, 2010, was maintained by an
employer--
``(i) described in section 501(c)(3) of such Code,
``(ii) chartered under part B of subtitle II of title 36,
United States Code,
``(iii) with employees in at least 40 States, and
``(iv) whose primary exempt purpose is to provide services
with respect to children.''.
(2) Aggregation rules.--Section 210(f)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(2))
is amended by striking ``paragraph (1)(B)'' and inserting
``subparagraph (B) and (C) of paragraph (1)''.
(b) Internal Revenue Code of 1986.--
(1) In general.--Section 414(y)(1) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``; or'', and by inserting
after subparagraph (B) the following new subparagraph:
``(C) that, as of June 25, 2010, was maintained by an
employer--
``(i) described in section 501(c)(3) of such Code,
``(ii) chartered under part B of subtitle II of title 36,
United States Code,
``(iii) with employees in at least 40 States, and
``(iv) whose primary exempt purpose is to provide services
with respect to children.''.
(2) Aggregation rules.--Section 414(y)(2) of the Internal
Revenue Code of 1986 is amended by striking ``paragraph
(1)(B)'' and inserting ``subparagraph (B) and (C) of
paragraph (1)''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the amendments made by
the Cooperative and Small Employer Charity Pension
Flexibility Act (29 U.S.C. 401 note).
DIVISION Q--BUDGETARY EFFECTS
SEC. 1. BUDGETARY EFFECTS.
(a) Statutory Pay-as-you-go Scorecards.--The budgetary
effects of divisions O and P 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 Pay-as-you-go Scorecards.--The budgetary effects
of divisions O and P shall not be entered on any PAYGO
scorecard maintained for purposes of section 201 of S. Con.
Res. 21 (110th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of divisions O and P shall not be
estimated--
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph 4(C) of section 3 of the
Statutory Pay-as-You-Go Act of 2010 as being included in an
appropriation Act.
The SPEAKER pro tempore. Pursuant to House Resolution 776, the motion
shall be debatable for 80 minutes, with 60 minutes equally divided and
controlled by the chair and ranking minority member of the Committee on
Appropriations and 20 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Education and the
Workforce.
The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes. The gentleman from
Minnesota (Mr. Kline) and the gentleman from California (Mr. George
Miller) each will control 10 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that
[[Page H9274]]
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on H.R. 83 and that I may
include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
I rise today, as we face the expiration of the current continuing
resolution, to present the House amendment to the Senate amendment on
H.R. 83, legislation to fund the Federal Government for the rest of the
current fiscal year.
This amendment prevents a costly and damaging government shutdown
while making good government funding and policy decisions and reining
in regulatory overreach. It is good for the continuity of vital Federal
programs and services; it is good for our economy; and it is good for
the American people. In total, this legislation provides $1.013
trillion for the operations of the Federal Government. This total is in
line with the terms of the Ryan-Murray budget agreement.
It includes full-year appropriations legislation for 11 of the 12
annual appropriations bills, reflecting the most up-to-date budgetary
needs of each agency and department. The Appropriations Committees in
both the House and Senate went line by line through all of these bills,
prioritizing funding for effective and vital programs, making the tough
decisions to cut funding for lower priority programs.
In addition, the measure includes short-term funding for the
Department of Homeland Security, holding the funding levels for those
programs at current levels. This will ensure that efforts to secure our
home front are maintained until February 27 of next year.
This legislation is a compromise--the product of hard-fought
negotiations between the House and Senate, with give-and-take from both
sides; but at the end of the day, Mr. Speaker, it reflects conservative
priorities, keeps our spending in line, and reins in the regulatory
overreach that has been hampering our economy.
As such, national security is a top priority in this bill. We provide
a total of $554 billion for the Department of Defense, including $64
billion in overseas contingency operations funding to support our
troops in the field, to combat ISIL, to train and equip our Iraqi
allies, and to counter Russian aggression.
To further assist our economy, we include provisions that put the
brakes on regulatory programs that are too intrusive and too burdensome
on American businesses. For instance, the legislation prohibits funds
for the Army Corps of Engineers to act on two potentially harmful
regulations: changing the definition of ``fill material'' and
regulating water in certain agricultural areas under the Clean Water
Act.
The bill measure prevents the listing of the Sage Grouse on the
endangered species list--a premature action that would have severe
economic consequences on Western States, especially; and the bill
protects job creators from onerous regulatory burdens by amending Dodd-
Frank swaps push-out rules.
This bill also demonstrates, Mr. Speaker, fiscal restraint. It cuts
$60 million from the EPA. It provides no funding for high-speed rail,
the President's Race to the Top initiative, or UNESCO or IMF. No new
funding is included for ObamaCare, and the bill holds the line on
funding for the agency most responsible for implementing that law at
Health and Human Services.
For the IRS, the bill cuts the agency $345 million below last year,
and it includes language to put a stop to improper behavior by
prohibiting the targeting of groups based on their political beliefs,
prohibiting the White House from ordering the IRS to determine the tax-
exempt status of an organization, and from funding inappropriate videos
or conferences.
This legislation is the product of the bipartisan and bicameral
cooperation that the American people called for at the voting booths
last month. Passage of this bill will show our people that we can and
will govern responsibly, rise above inaction, and work together on
their behalf.
I would have preferred, as I am sure all of us would have, that we
would be considering each of the 12 appropriations bills under regular
order--the old-fashioned way. This is the way it should operate. In the
House, as you know, our committee passed out 11 of the 12 bills. The
floor passed seven of the bills, and it would have passed more, but we
realized the Senate was not going to act on any of them and did not; so
five of the bills were left in the lurch because the Senate would not
consider any of the bills.
We face a very tight deadline now, and we have no choice but to try
to put together an omnibus spending bill aggregating all 12 bills into
one. I would have preferred separately, but the Senate blocked the way.
If we do nothing, we will be turning our backs on our constitutional
duty and on the American people.
Mr. Speaker, before I close, I want to take a moment to recognize
some people who made today possible.
First of all, the staff. We have had about a month to put together
this enormous bill--with thousands of items--in all 12 subcommittees.
We had great negotiations then with the Senate, but it was the work of
the staff, of course, that enables us to be here today. I want to thank
the staff on both sides of the aisle, who worked so hard to make this
happen. I would like to call names, but I am afraid I would leave out
somebody important, so I want to thank the staff for all of their
wonderful, laborious work.
I will single out Will Smith, the chief clerk of the committee, who
has guided the staff through this enormous process, who, I think, did a
wonderful, marvelous job. I want to thank Will Smith, especially, and
all of the staff for their great work in leading up to today.
Now I want to thank the members of the committee. They have all had a
part in making this bill up--each subcommittee, each chairman of the
subcommittee, each of the members of the subcommittees, who fought long
and hard to ensure that we had the best bill before us today that we
could have.
Notably, the ranking member of the committee, Mrs. Nita Lowey, with
whom we share this responsibility, has been a tremendous asset to us in
the procedure leading up to today. I want to thank her personally for
the great work that she did.
I also want to acknowledge, Mr. Speaker, six members of the committee
who are moving on to greener pastures, making new chapters in their
lives. They have been enormous helpers on the committee. They have
chaired subcommittees, and they have worked long and hard on every bill
that we have produced. We certainly hate to see them go, but they are
writing a new chapter. I want to recognize Jack Kingston for his
service, Frank Wolf, Tom Latham, Jim Moran, Ed Pastor, and Bill Owens.
All of those six are moving on. I want to thank them for their service.
It is appropriate that their final vote on the House floor will be on
an appropriate Appropriations Committee bill--funding the entire
government. This Nation is a better place because of their service, and
I want to thank all of them for their contributions to the committee
and to the House and to the people of this country over their combined
120 years of service.
I now call on the Members of the House--Republicans and Democrats
alike--to support this legislation. Keep the government open. It is a
good bill. It is bipartisan; it is bicameral; it was negotiated in good
faith on both sides of the Capitol and on both sides of the aisle. Most
importantly, Mr. Speaker, this bill is necessary, so I urge the Members
to vote ``yes.''
I reserve the balance of my time.
{time} 1245
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
At the outset, I want to thank the gentleman from Kentucky, Chairman
Rogers, for the cooperative way he has guided this committee. It has
truly been a pleasure for me to work with him and his staff.
As we all know, Mr. Speaker, funding to keep the government operating
expires at midnight tonight. It is my sincere hope that we can avoid
the antics of last year, when a vocal minority in this body was able to
hold the entire government hostage for reasons they
[[Page H9275]]
couldn't articulate. It wasn't fair to the American people, and I hope
we never have to go through it again.
Throughout this process, my goal has been to avoid another costly
shutdown and make adequate investments to grow the economy, enhance our
security, and protect the most vulnerable among us.
I remain disappointed, Mr. Speaker, that the House majority decided
to leave out the agreement reached on the Department of Homeland
Security. The decision reflects their political calculation on
immigration policy.
I believe my chairman was right when he rebuffed efforts to restrict
the President's executive orders on immigration on a must-pass
appropriations bill. But forcing these important agencies--Customs and
Border Protection, the U.S. Secret Service, the Federal Emergency
Management Agency, the Transportation Security Administration--into a
2-month continuing resolution was unnecessary and unfortunate. The
short-term CR creates uncertainty and will limit the Department's
ability to make important decisions on procurements, hiring, and on new
initiatives we all support.
I will now enter into the Record a letter from Homeland Security
Secretary Johnson outlining the problems with funding the Department
through a CR.
U.S. Department
of Homeland Security,
Washington, DC, December 5, 2014.
Hon. Nita Lowey,
Ranking Member, Committee on Appropriations, House of
Representatives, Washington, DC.
Dear Representative Lowey: As the United States Congress
addresses the FY 2015 appropriations for the Federal
Government, I ask for your support for a full annual
appropriation for the Department.
As you know, a Continuing Resolution is not the most
effective way to fund the government. Short-term funding
measures are disruptive, create uncertainty, and impede
efficient resource planning and execution. They inherently
slow down day-to-day operations, force leadership to make
short-sighted versus long-term decisions, and adversely
impact operations in a manner that is hard to overcome if
full funding is provided later in the year. Additionally, the
disruption to acquisitions, the slow-down of our business
processes, such as contracting and hiring, and the effect of
many other elements driven by short-term funding have a
direct impact on effectiveness of the Department.
While a short-term Continuing Resolution has impacts across
the Department, I wanted to highlight some specific areas
that are most concerning.
Securing our Borders--Investments to strengthen border
security with new border surveillance technology for the Rio
Grande Valley would not be available.
Grants Funding--State and local municipalities would not
receive key preparedness grant funding, such as the State
Homeland Security Program and Urban Areas Security Initiative
grants.
National Security Cutter--the U.S. Coast Guard will not
have funding to award the contract for NSC #8, the
centerpiece of the Coast Guard's Fleet, supporting the
maritime homeland security and defense missions. This could
result in the expiration of the agreed upon offer by the
prime and sub-contractors, subsequently leading to a delay of
delivery of NSC #8 and most likely resulting in increased
costs.
National Rio and Agro Defense Facility--Awarding the final
segment of the construction contract for the National Bio and
Agro Defense Facility could be problematic. Uncertainties in
the appropriations process have introduced risks to Kansas
providing the gift funds to support the May 2015 award date.
Appropriation of the final $300 million is necessary for
Kansas to provide the $202 million in gift funds.
In closing, I would like to thank the Congress for the
continued support provided to the Department. However, I must
also stress the need for an annual appropriation based on the
FY 2015 President's Budget and the Committee markups
accomplished earlier this summer.
Identical letters have been sent to the Chairman of the
House Appropriations Committee, and to the Chairwoman and
Ranking Member of the Senate Appropriations Committee. Should
you require further information, please do not hesitate to
contact me or the Department's Chief Financial Officer, Chip
Fulghum.
Sincerely,
Jeh Charles Johnson.
Mrs. LOWEY. My colleague from North Carolina, David Price, the
ranking member of the Homeland Security Appropriations Subcommittee,
was unsuccessful in his attempt at the Rules Committee to restore full-
year funding for this bill. I authored an amendment to strike two very
controversial provisions--one to strike a rider related to swaps under
the Dodd-Frank law, the other to strike a provision raising
contribution limits to political parties. These provisions are divisive
and unnecessary. They should be removed.
The 11 other spending bills included in this package are a mix of
wins and losses. I was very pleased that most of the worst riders were
dropped, including those on the Affordable Care Act, the Clean Air Act,
and those preventing full implementation of new reforms to the Federal
school lunch program.
Statutory budget caps essentially kept all discretionary programs at
a hard freeze, but I am pleased we were able to prioritize a few key
items, such as the National Institutes of Health and food safety at the
Food and Drug Administration. Another very modest but very important
increase is provided for afterschool programs, many of which suffered
steep cuts under sequestration and have still not made up those
shortfalls.
I am also pleased the final agreement provides $500 million for the
Department of Transportation's TIGER program to fund major surface
transportation projects, including bridges, transit, and passenger
rail.
To keep firearms out of the hands of those who shouldn't possess
them, the National Instant Criminal Background Check System will
receive an increase of $14.5 million. This important investment was
achieved because Members on both sides of the aisle recognize how
crucial this money is for States to improve their submission of records
into the background check system.
The appropriations package includes much of the administration's
request to respond to the deadly Ebola crisis, $5.4 billion. We must
ensure that all of those tasked with being on the front lines fighting
this disease, from local hospitals to Federal agencies, have what they
need. We all recognize how the ease of international travel has changed
the way we must respond to contagious diseases. I have confidence in
our health care system, the Centers for Disease Control, and the
fantastic hospitals that stepped up to take and treat the patients with
Ebola. But we should do whatever we can to stop the disease where it is
the most deadly. The funding provided will allow research to ramp up to
treat and hopefully develop a vaccine for Ebola.
Before I close, I would like to thank the committee staff for their
tireless work, particularly David Pomerantz and Lesley Turner, who
worked closely with Will and the entire Appropriations staff.
I am very pleased the Appropriations Committee was able to come
together on a package to fund 11 of the 12 spending bills. But, again,
I wish it had been on all 12 bills and only dealt with issues related
to appropriations.
I will reiterate that the funding contains many things I wish had had
a different outcome. I fought throughout the conference, for example,
to get rid of the swaps language. It does not belong on an
appropriations bill. The Reid-Boehner provision to increase by tenfold
the limits on contributions to political parties is excessive and also
does not belong on this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Frelinghuysen), the very distinguished
and hardworking chairman of the Appropriations Defense Subcommittee.
Mr. FRELINGHUYSEN. Mr. Speaker, I thank the chairman for yielding. I
thank him for his leadership, and I thank Ranking Member Lowey as well.
They both deserve credit for moving this bill.
As we begin consideration of this important legislation this
afternoon, I want to pay tribute to the men and women of our Armed
Forces, all volunteers. They deserve our heartfelt thanks for their
dedicated service and sacrifice. That is also extended to the
professionals in our intelligence community. These men and women--
whether in uniform or not--deserve greater certainty, stability, and
predictability in their lives, something that they have often lacked as
a result of a flawed congressional budget process over the last several
years, which we seek to reestablish today as regular order. And,
frankly, so do the American people. They deserve better.
The centerpiece of this comprehensive package, the engine that drives
this bill is our House defense bill, which passed in June with
overwhelmingly bipartisan support. Like that
[[Page H9276]]
bill, this measure assures a strong national defense posture against
terrorist groups like ISIL and al Qaeda, and challenges from nation-
states like Russia, China, and Iran, and it addresses the Ebola
epidemic.
This bill provides $554 billion in new spending authority for the
Department of Defense and our intelligence community, and it includes
$64 billion for overseas contingency operations. The base funding in
this measure is $500 million below the President's fiscal year 2015
budget and is just $3.3 billion above the fiscal year 2014-enacted
level.
Overall, the defense title of the omnibus appropriations package
assures our commitment to the U.S. military's dominance over air, land,
and sea; our commitment to our allies and partners; our commitment to
our servicemembers and their families. At the same time, our committee
clearly recognizes our Nation's debt crisis, and we have found areas
and programs where reductions were possible without adversely impacting
our Armed Forces or our defense industrial base, which is so vital to
maintaining our military edge.
We make every dollar count in our portion of this bill without
harming readiness or increasing risk for our warfighters.
National security is the priority job of the Federal Government. Our
Constitution grants Congress the full range of authorities for defense
of our Nation.
With our Armed Forces facing formidable enemies around the world and
standing watch everywhere to protect our freedom, this bill cannot
wait, and I urge its passage today.
In closing, I would like to thank the gentleman from Indiana, Ranking
Member Pete Visclosky. He has been a valuable partner and friend. And
thanks to the incredible Defense Appropriations Subcommittee, members
of the committee, and our professional staff, led by Tim Prince. They
have done an incredible job. We should be enormously proud of them.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 4 minutes to the
distinguished gentleman from North Carolina (Mr. Price), the ranking
member of the Homeland Security Appropriations Subcommittee.
Mr. PRICE of North Carolina. Mr. Speaker, I rise today in opposition
to this misguided legislation.
First, however, I want to commend the bipartisan, bicameral
leadership of our Appropriations Committee and its subcommittees for
their efforts this year to restore the normal appropriations process,
with careful scrutiny of executive budget requests and the cooperative
crafting of bills that fund our agencies and chart their course for the
coming year.
Their work is reflected in the 11 bills--out of 12--before us today:
a significant achievement, despite the overall inadequacy of the
underlying budget numbers. The budget allocations, unfortunately, still
reflect the ill-advised Republican strategy of focusing deficit
reduction almost exclusively on nondefense discretionary spending, on
our critical domestic investments.
As ranking member of the Homeland Security Subcommittee, I
particularly want to thank the gentleman from Texas, Chairman John
Carter, for the collaborative process he has led throughout this year.
Our full-year Homeland Security appropriations bill has been finished
for over a week now, making its exclusion from this omnibus all the
more troubling.
So, Mr. Speaker, stitching together 11 of our appropriations bills
is, indeed, a positive achievement, but it is greatly diminished by the
subjection of Homeland Security funding to a short-term continuing
resolution and by the inclusion of controversial legislative riders, of
which two are particularly egregious.
The first amendment would blow a major hole in the Dodd-Frank bill,
putting taxpayers on the hook for some of the riskiest behavior of Wall
Street institutions.
The second amendment would blow another hole in our efforts to
prevent big money from swamping our political system. The bill's
campaign finance provisions are completely nongermane to appropriations
and would provide outsized influence to the wealthiest Americans by
allowing a couple to donate $1.5 million annually to party
organizations. To my knowledge, these provisions have never had a
single hearing in either the House or the Senate, and they have no
place in an appropriations bill.
On top of these troubling provisions is the shortsighted, abusive
treatment of Homeland Security. The bill before us would force the
Department of Homeland Security to operate under a short-term
continuing resolution until late February, creating a cloud of
uncertainty, putting critical programs and acquisitions at risk, and
raising the threat of a full agency shutdown early next year.
A short-term continuing resolution limits the Department's ability to
make strategic decisions about carrying out its security missions and
improving coordination among its components. It also limits the ability
to move ahead with the Secretary's Southern Border and Approaches
Campaign. It creates uncertainty regarding ICE's capability to detain
and deport dangerous criminals and to transfer unaccompanied children
to HHS for humane treatment. It could also delay needed procurements
and necessary security upgrades at the White House complex to prevent
fence-jumper intrusions.
Most confoundingly, the bill provides immigration enforcement
agencies with hundreds of millions of dollars less than their known
needs and what our bipartisan bill would have provided.
If the Republican majority is concerned about the effectiveness of
our immigration policy, this is really a strange way to show it. To
hold enforcement funding hostage is no way to bring about positive
change. But we know this is all about political pique directed at the
President.
{time} 1300
This is an unfortunate end, Mr. Speaker, to what has been a
cooperative, bipartisan Homeland Security appropriations cycle. It
leaves me unable, in good conscience, to recommend a ``yea'' vote. We
should reject this bill, put all of our 12 bills together, and proceed
with an appropriations bill that can command wide agreement within this
body.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Iowa, Mr. Tom Latham, who is retiring.
He chairs the Transportation-HUD Appropriations Subcommittee and has
been a stalwart help over the years on this committee and in the
Congress in service to the country, so I guess for the last time he
will be giving us a great oration.
Mr. LATHAM. Mr. Speaker, I thank the chairman for the kind words.
I rise today in strong support of this omnibus appropriations bill. I
am particularly proud of the Transportation-Housing and Urban
Development division which makes critical investments in our Nation's
infrastructure, our air traffic control system, and housing for our
neediest citizens.
The bill requires some tough choices, but it advances our common
priorities of responsible government and fiscal restraint. We worked
hard to ensure that this final bill includes funding and policy
provisions that are a priority for this body.
We provide funds for the FAA to support the full operations of the
air traffic control system and the FAA's investment in NextGen. We meet
the MAP-21 extension authorized funding levels for highways and
transit. We provide housing funds to assist families served by HUD's
housing programs, plus 10,000 new veterans housing vouchers. We provide
$3 billion for the Community Development Block Grant program which is a
priority for Members of both sides of the aisle.
Mr. Speaker, I have been honored to serve as chairman of the T-HUD
committee for the last 4 years and on the committee for the full 18
years. It has been an amazing experience to see each and every year how
the work of this committee works for the people of America.
I would like to thank my ranking member, Mr. Ed Pastor, with whom it
has been a real honor to serve. I wish him well in his retirement, and
I know that this body will miss him as much as I will.
I would also like to thank the staff of the committee who put in
countless hours to draft this compromise. I would also like to
recognize and thank Doug Bobbitt from my staff for the
[[Page H9277]]
past 12 years and who has served this institution for nearly three
decades.
Our chairman, Hal Rogers, has demonstrated that you can stick to your
principles and still come to a compromise that puts the American people
first.
Mr. Chairman, it has been an honor to serve on this committee and
under your leadership. I appreciate very, very much all the kindness
and personal things that you and Cynthia have done for Kathy and me. I
very much appreciate it.
I urge Members to support this bill.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Serrano), the distinguished ranking member of the Financial
Services Subcommittee.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I thank our ranking member for the time.
First, let me mention a few of the good things in the Financial
Services bill. We were able to substantially increase funding for the
Securities and Exchange Commission by $150 million above last year's
level.
We were also able to increase funding for the Community Development
Financial Institutions fund and to authorize the CDFI's fund bond
guarantee program for another year.
We also increased robust funding for the SBA to help our Nation's
small businesses, and we added additional dollars to the Consumer
Products Safety Commission and the Commodity Futures Trading
Commission. We removed numerous troubling riders that affected the
Affordable Care Act, travel to Cuba, and the ability of the SEC to
police our markets.
Unfortunately, several problems remain in the bill. The bill would
essentially repeal an important provision of Dodd-Frank to prevent
banks from engaging in risky swaps activities backed by their
depositors and ultimately by the Federal Government.
The protections of Dodd-Frank were put in place to prevent a return
to the risky transactions that led to the 2008 meltdown. We should not
backtrack on those important reforms.
I am also very concerned about the cuts made to the IRS which will
force the agency to operate at levels below that of sequestration. This
would cause a serious strain on the agency.
There are several riders attached to the District of Columbia section
of the bill, something that happens every year. Republicans have again
limited the District's ability to use their own dollars to provide
abortion services. This bill also seeks to stop the District from
implementing a recent ballot initiative that legalizes recreational use
of marijuana.
Thankfully, on this last provision, Republicans have simply missed
the mark. The language of the rider only prevents the District from
enacting laws, rules, or regulations regarding marijuana legalization,
but it does not prevent already enacted efforts like the recent ballot
initiative.
The President recently took executive action to end everyday
tragedies that occur when families are separated and people are
deported; unfortunately, rather than using this as a chance to finally
engage in reform, we are now doing something to the DHS by putting them
on a CR.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. I yield the gentleman an additional 30 seconds.
Mr. SERRANO. I would like to yield momentarily to the ranking member.
Mrs. LOWEY. Mr. Speaker, I thank the distinguished ranking member,
and I want to make it clear that I agree with the gentleman from New
York, the ranking member of the Financial Services Subcommittee, and
our colleague, the Delegate from D.C., that the language in the bill
does not block either decriminalization of marijuana or the referendum
on legalization.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from Idaho (Mr. Simpson), the distinguished chairman of the
Energy and Water Subcommittee on Appropriations.
Mr. SIMPSON. Mr. Speaker, I thank the chairman.
It should be noted also, Mr. Speaker, that this is the last time we
expect to see you presiding before you retire also. You have done a
marvelous job, and thank you for your service to this institution. I
hope this vote doesn't go on for 3 hours and 45 minutes, but if there
is anybody that can handle that, I am certain you have that experience.
I am pleased that after months of work, the committee has been able
to bring this package together before the full House. I would like to
thank my ranking member, Ms. Kaptur, for her close collaboration
throughout the entire process of putting together the Energy and Water
sections of the omnibus.
I would also like to thank the hard work of our Senate counterparts,
Senator Feinstein and Senator Alexander, for their hard work in
bringing this package together.
Now, I want to be clear: I didn't get everything I wanted in this
bill; none of us did. But we have worked hard to ensure that the bill
clearly reflects the will of the American people.
The bill makes critical investments and makes important policy
changes that we will continue to build on in coming years. For
instance, I am pleased with how strongly it invests in our national
defense and water infrastructure. Weapons activities receives the
largest increase in this bill, $387 million over last year. Within this
level is full funding for the critical warheads such as the B-61 and
the long-range standoff.
Investment in naval reactor programs increases by $144 million,
including the full request for the Ohio class replacement reactor.
Funding for the Army Corps of Engineers is modestly increased from last
year, including not less than $1.1 billion for the Harbor Maintenance
Trust Fund activities. Last year, we directed no less than $1 billion.
We also include some policy changes critical to supporting our
country's economic development in a responsible manner. New this year,
we included provisions prohibiting the regulation of certain
agricultural activities such as the construction and maintenance of
farm ponds or irrigation ditches under the Clean Water Act.
This is a major victory for our country's farmers and ranchers who
consistently tell many of us that they are concerned about the
potential of the EPA and the Army Corps of Engineers' overreach into
their operations.
We continue prohibitions from last year against changes to the
definition of fill material under the Clean Water Act and the
implementation of the new lightbulb efficiency standards. These are
commonsense provisions that protect consumers' choice and responsible
commercial operations.
I think every one of us in this body including myself can think of
other things that they wanted to see in this package and things they
would have liked taken out, but overall, this bill moves the country
forward in a balanced way and allows the new Congress to proceed with
its most important obligation, that of governing this country.
I want to echo the words of my chairman, Mr. Rogers, how important
the staff is in putting these bills together. Most people that don't
serve on the committee don't know the time that they put in. They are
here on Thanksgiving Day, trying to put together this package so that
it will be ready for the floor, and they do incredible work, not only
of the subcommittee that I am lucky enough to be the chairman of, but
the staff of all the subcommittees, and they do a tremendous job, and
we owe them a great deal of gratitude.
Mr. Speaker, this deserves our support.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentlelady from Ohio (Ms. Kaptur), the ranking member of the Energy and
Water Appropriations Subcommittee.
Ms. KAPTUR. Mr. Speaker, I thank the ranking member of the full
committee, Nita Lowey of New York, and the chairman, Hal Rogers, for
the perseverance they have shown throughout this process. I rise to
address the bill before us to fund the departments of the government of
the United States for the federal fiscal year 2015 which incidentally
began over 2 months ago.
Though 2 months late and a Christmas tree bill at that, what is very
troubling in this measure are dangerous and unwelcome nongermane
riders--like opening the door to more Wall Street abuse and reckless
behavior with swaps and derivatives. Haven't
[[Page H9278]]
those megabanks hurt America enough? What is this doing in this bill?
This underhanded inclusion of authorizing language does not belong in
this bill. This subterfuge reminds me of a similar effort in 2000 to
bury language in a Continuing Appropriations bill to not regulate
derivatives at all. Look what that did to our economy.
I recognize that not passing this bill can severely hamper our
economic recovery and job creation. Many of us view these as the top
priorities our constituents have sent us here to achieve. Job growth
this past month increased again by 321,000, as the unemployment rate
dropped to 5.8 percent nationwide.
We have gained 10 million private sector jobs since President Obama
took office amid the deepest recession in modern history, but still,
9.1 million Americans remain unemployed. This bill will promote future
economic growth which is in America's interests.
There should never be a question whether the government of the United
States will remain open for business and honor its commitments and
contracts.
Further, this appropriations bill is within budget limits. Indeed,
our deficit has been going down year after year as employment increases
and revenues with it.
The annual deficit has dropped from $1.3 trillion in 2010 to an
estimated $469 billion for 2015, an enormous improvement made possible
by steady economic growth. Our pace needs to continue.
The Energy and Water portion of this bill assures America will
continue its decathlon toward energy independence and energy
diversification, a major strategic objective for our Nation--some would
argue the highest.
An all-of-the-above energy strategy is strengthening our Nation here
at home financially and militarily as fewer imports are required and
new energy jobs are created within the borders of the United States.
The energy trade deficit, by the way, for our Nation has been on a
downward path.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield the gentlewoman an additional 15 seconds.
Ms. KAPTUR. Mr. Speaker, I thank the gentlelady.
The energy trade deficit for our Nation has been on a downward path
from 4.7 billion barrels in 2008 to 3.6 billion barrels in 2013. That
is real progress, and you can even see it in falling gasoline prices
across this country.
Our bill will support thousands of jobs through the Army Corps of
Engineers in developing infrastructure, and the bill provides $922
million above the request to meet an unmet enormous backlog.
This bill as a whole is far from perfect, yet our Congress must work
toward keeping our economy and jobs growing through giving certainty to
the public that Congress can operate our ship of state.
Mrs. LOWEY. Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, I am pleased that this package explicitly rejects
attempts to prohibit clarifying the definition of navigable waters of
the U.S.
However, the CR/Omnibus does contain language relating to core
permitting for certain ranching, farming, and silviculture practices.
To be clear, this provision does not change current law and preserves
the current scope of agricultural exemptions.
If you needed a permit before, you will need to get a permit under
this provision; if you didn't need one before, you won't under this
provision. I am pleased again that as with most riders, this provision
maintains status quo.
I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, may I inquire the time
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 12 minutes
remaining, and the gentlewoman from New York has 13\1/2\ minutes
remaining.
{time} 1315
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Georgia (Mr. Kingston), the distinguished chairman of
the Labor-HHS Subcommittee on Appropriations who is retiring, leaving
this body. He has done remarkable work on this subcommittee. He chaired
a very difficult subcommittee with great distinction.
Mr. KINGSTON. Mr. Chairman, I thank you for all of your leadership
and friendship over the years, and your very capable staff as well.
Mr. Speaker, I congratulate you on your retirement as well and wish
you the best.
You know, I came to Washington to cut spending and hold the line on
spending, and that is why I am supporting this bill today. This
spending level is below last year's. When you combine the emergency
spending with outlays, this is lower than last year, and it is a lot
lower than the year before. So if you want to hold the line on
spending, this is a good vote for you.
But the second part is the cavalry is coming, and next year there may
be more cuts, and there should be more cuts. This bill holds the line
on ObamaCare, which is something that we all have fought for. Virtually
all Republicans fought to repeal ObamaCare and to end the President's
amnesty program. No one is backing away from those objectives. There
may be a debate on the strategy, but this bill makes sure that those
debates will happen and that those votes will happen, again, Mr.
Speaker, when the cavalry arrives. This bill moves that debate forward.
It is a good thing.
It stops risk orders, which keeps the Obama administration from
raiding private insurance companies to subsidize ObamaCare. It really
hits ObamaCare where it counts. If you do not like ObamaCare, this is a
good bill for you to vote for.
This bill puts Dodd-Frank in check. If you are concerned about the
overregulation of the financial services industry, this bill challenges
Dodd-Frank.
This bill supports our troops. We still have troops in harm's way all
over the world. This bill supports them and actually increases their
pay along the way.
This bill puts the EPA in check. The EPA has tried a backdoor power
grab on putting a ban on lead in ammunition and fishing tackle. That
would increase the cost and make it tougher for the average person to
enjoy the great outdoors. This bill puts that in check.
This is a good bill, and I urge my colleagues to support it.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Pennsylvania (Mr. Fattah), the ranking member of the
Commerce-Justice-Science Subcommittee.
Mr. FATTAH. Mr. Speaker, in each and every one of our districts
throughout the country, in every one of the families situated, there is
a concern around neurological-based diseases and disorders--from
Alzheimer's to autism, schizophrenia. We could go through the list of
600. But the point is that this work in our committee, on a completely
bipartisan basis, we are moving aggressively on neuroscience
initiatives. I thank Chairman Rogers for his support, and the ranking
member from New York, and I want to thank my partner, Chairman Frank
Wolf, for his support on this effort. We launched an initiative to map
the brain and do so much more.
I want to just talk about what is in this bill today. We have the
framework for a global fund on Alzheimer's. We have the effort now to
bring, for the first time, the national labs into an effort to build a
national brain observatory, which is going to bring the scientific
arsenal of our country to bear on this war on disease and a better
understanding of the human brain.
We have, in this bill, language that would have the United States
create an international conference to bring together the global
initiatives in the European Union and Israel and China and other
countries, to come together and work on these issues. And we have a new
initiative on imaging.
So I want to just say that there is a lot I could talk about in the
CJS portion of the bill, but I want to just say that this effort on the
human brain, with some 50 million Americans suffering from brain-
related diseases and illnesses, a billion people worldwide, this is
something that this Congress can feel is a major achievement, for us to
move in a direction and deal with these issues, from addiction to
Alzheimer's and everything in between.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Crenshaw),
[[Page H9279]]
the chairman of the Financial Services Subcommittee on Appropriations.
Mr. CRENSHAW. Mr. Speaker, I thank Chairman Rogers for yielding me
this time, and I thank him for his leadership in this appropriations
process.
As chairman of the Financial Services and General Government
Subcommittee, let me highlight a few areas in our part of the bill.
Overall, we reduce spending by $246 million in an effort to rein in
the out-of-control spending. Some areas are increased, some are
decreased. For instance, law enforcement receives an increase. Drug
abuse prevention receives an increase. Small business receives an
increase, as does women's business centers. They help grow our economy
and create jobs.
On the other hand, there are some agencies that don't do so well.
They waste taxpayer dollars and become ineffective. I think a lot of
people agree that the Internal Revenue Service has betrayed the trust
of the American people. They have wasted taxpayer dollars. They have
singled out individuals and groups of individuals based on their
political philosophy, and they have not cooperated with congressional
investigation. Therefore, their funding is reduced by $346 million.
All in all, it is a balanced approach. We spend less money than we
spent last year. It is a good portion of the bill.
Let me take a moment to say thank you to Rodney Frelinghuysen,
chairman of the Defense Subcommittee upon which I sit. I want to thank
him for his tireless work in this area, for allowing members like me to
help draft legislation that clearly puts our men and women in uniform
first, clearly helps save lives by making sure that we have the best
qualified, the best trained, the best equipped military, and it makes
all Americans safer.
All in all, it is a great bill. I urge my colleagues to support it.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
distinguished gentleman from Arizona (Mr. Pastor), the ranking member
of the Transportation-HUD Subcommittee.
(Mr. PASTOR of Arizona asked and was given permission to revise and
extend his remarks.)
Mr. PASTOR of Arizona. Mr. Speaker, first of all, congratulations on
your retirement and the best of luck. I thank you for your friendship
while I served in Congress.
I stand in support of this bill, and I want to congratulate both my
dear friends, the ranking member, Nita Lowey, and the chairman, Harold
Rogers, for working many hours on this bill. I am very happy that as we
are about to close this session, that we are working on a bill that
will keep our government funded and bring some tranquility to the
economy of our country for the remainder of fiscal year 2015. I thank
them for doing fine work.
Over the past 23 years that I have had the honor of being in
Congress, for 21 of those years I served on the Appropriations
Committee. It was a great opportunity for me and an honor for me to
serve with various members on Appropriations to do the best we could to
serve our country. Many of us would not have been able to produce the
bills and provide for the services without the staff on both sides of
the aisle that worked on these appropriations bills.
So today, I want to congratulate the current chairman, the ranking
member, and thank Chairman Tom Latham for the work he did on the
Transportation-HUD bill. And also, it is time for me to thank all of my
colleagues for their help and service that they have given this country
and the kindness they have shown to me.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from California (Mr. Calvert), the distinguished chairman of
the Interior Subcommittee on Appropriations.
Mr. CALVERT. Mr. Speaker, I rise today in strong support of the
fiscal year 2015 omnibus appropriations bill. The Interior provision of
the omnibus is well balanced and reflects what can be achieved when all
sides work together to find common ground. This bill provides for
fiscal year 2015 funding for fire operations at the 10-year average and
provides additional resources to conduct critical hazardous fuels
reduction work on the ground.
The bill takes positive steps in promoting domestic energy and
mineral development both onshore and offshore.
The bill provides essential funding for the National Park Service,
which will enhance day-to-day maintenance, visitor services, and
responsible stewardship of more than 400 national park units. The bill
also provides investments to our national park system as it begins its
centennial celebration and prepares for the next 100 years.
This bill continues our efforts in meeting our moral and legal
obligations in Indian country and honors longstanding commitments to
American Indians and Alaska Natives; the bill promotes voluntary,
nonregulatory fish and wildlife conservation programs in partnership
with States and tribes; and this bill provides grant funding to States
to promote jobs and economic growth.
I want to take a moment to pay tribute to my good friend and our
subcommittee's ranking member and former chairman, Jim Moran. This is
Mr. Moran's last appropriations bill. I am happy to know that my friend
will be leaving this body that he loves on a high note,
enthusiastically supporting the work of the Interior Subcommittee.
Jim, we are grateful to you for your service, and we salute you.
I also want to thank Chairman Rogers for his incredible support,
leadership, and his role in bringing this omnibus bill forward.
Lastly, I want to thank the scores of Appropriations Committee staff
who have been working day and night and weekends on this package for
many weeks. They even worked through their Thanksgiving holiday to
produce this legislation. The staff of the Appropriations Committee
deserves our appreciation and gratitude.
This is a good bill, Mr. Speaker. I urge Members on both sides of the
aisle to support it.
With that, Merry Christmas.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 1 minute to the
gentlewoman from California (Ms. Pelosi), the minority leader of the
House.
Ms. PELOSI. Mr. Speaker, I thank the gentlelady for yielding, and I
commend her for her tremendous leadership. With great pride, we point
to her as our ranking member on the Appropriations Committee.
I thank you for yielding and for your leadership.
Thank you, Mr. Rogers, for your leadership.
As an appropriator for many years, I know the hard work that goes
into putting an appropriations bill together. There was a day when we
did them individually. It seems lately we just keep putting them on a
bus, an omnibus. That is too bad. But in any event, I appreciate the
work you have done to bring this bill to the floor. That is why I was
so really heartbroken. I don't think I have ever said that word on the
floor of the House. I was heartbroken to see the taint that was placed
on this valuable appropriations bill from on high.
I am sorry that we cannot have a full homeland security bill, that is
for sure. We knew that was possible. The Speaker says in January we
will vote on a full homeland security bill. I hope that that is the
case.
But the taint I refer to is what the President described in his
letter today as a rider that would amend the Dodd-Frank Wall Street
Reform and Consumer Protection Act and weaken a critical component of
financial system reform aimed at reducing taxpayer risk.
So when people are talking to you about what is in the bill and this
or that, I am going to say to you what you are putting your name next
to if you choose to vote for this bill. And why I am so appalled--well,
I will tell you why.
It was September 2008. Things were happening in the financial
services industry. Lehman Brothers, down; Merrill Lynch, down; AIG,
whatever. It all happened within a matter of days. I called the
Secretary of the Treasury and I said: ``How can we be helpful? What is
going on?''
He said: ``It is terrible.''
I said: ``Well, is one of the major financial institutions going
down?''
He said: ``No, it is bigger than that. We are in a serious
meltdown.''
``Why am I calling you, Mr. Secretary Paulson?''
[[Page H9280]]
``Well, the White House wasn't ready for Congress to know about this.
But you are the Speaker.''
At the time I was.
``I am the Secretary of the Treasury. You are asking me; I am telling
you. We are in a terrible situation.''
So they came to my office that night, the Speaker's Office, House and
Senate, Democrats and Republicans. We came together and we heard an
appalling meltdown of our financial institutions.
And I said to the Chairman of the Fed, Mr. Ben Bernanke, who was
there: ``Mr. Bernanke, what do you think about what the Secretary
said?''
He said: ``If we do not act immediately, we will not have an economy
by Monday.''
We will not have an economy by Monday. By the policies that were in
place at that time, we were taken to a place where we wouldn't have an
economy. No commercial paper, no economy by Monday.
{time} 1330
Here we are, 2014, going down the same path.
Earlier today, the Republicans put a bill on the floor that would
make certain tax incentives permanent and unpaid for. We should be
doing revenue reform, but not that way, because the revenue policy of
the Bush administration contributed to the Great Recession, taking us
close to a depression. So their tax policy jeopardized our economy.
Then, their laissez, laissez, laissez-faire attitudes of no
regulation, that took us to a meltdown of our financial institutions to
the point where we, the taxpayers, had to rescue the financial
institutions to the tune of $700 billion. That is twice as much as in
the domestic discretionary spending of the bills that will come before
us--two-years' worth of non-defense discretionary domestic spending.
We put provisions in the bill that the American taxpayer would be
paid back. But that wasn't enough for the Republicans to vote for it.
They voted against it, by and large. It was the Democrats who voted for
the TARP, the most difficult vote for Members to vote for and the most
politically harmful to them.
So here we are in the House being blackmailed--being blackmailed--to
vote for an appropriations bill. I am not asking anybody to vote one
way or another. I am just telling you why I would not put the name of
my constituents in my district next to a bill that does, as the
President says, ``weaken a critical component of financial system
reform aimed at reducing taxpayer risk.''
At that time, they accused us of bailing out Wall Street at the
expense of Main Street. The public still doesn't understand fully why
everybody would benefit from what we had to do. But we shouldn't have
had to do that, $700 billion, because of laissez-faire attitudes and
trickle-down tax policies of the Bush administration, which got us to
that place. Because of initiatives taken by President Obama when he
became President, working with the Democratic Congress, with our
initial Recovery Act, we were able to reverse some of that, and pull
ourselves out of the ditch Republicans took us in.
So here we are today. This should be a day where we say, isn't it too
bad we can't do more for the American people, but in the interest of
bipartisanship we have put together a bill on the Appropriations
Committee that helps meet the needs of the American people. Wouldn't
that have been just fine?
Except, popping out of the wilderness comes two things: one, this
provision, this provision, as I described, that the President
described, and then another one, to make matters worse--to make matters
worse--a bill that lifts political contributions to such a height that
it is really unimaginable as to why those who put this in there thought
that that was a good idea. They told me it was $90,000 for the
convention. It turned out to be millions of dollars from a donor or
from a family in that regard. So they weren't even on the level of how
it was portrayed.
But be that as it may, what is important is what is in the bill. As
Congressman Sarbanes said, it is ``quid pro quo.'' You have quid: give
Wall Street what they want, relax the responsibility of that.
This is a moral hazard. We are being asked to vote for a moral
hazard. Why is this in an appropriations bill? Because it was the price
to pay to get an appropriations bill. I was told we couldn't get all
these other things that have been described here so beautifully unless
we gave Wall Street this gift. And, on top of that, that we gave their
donors, high-end donors, all the opportunity in the world to pour money
into the process.
Now, maybe the public is right about Washington, D.C. I heard this
funny line about Lily Tomlin when she was Ernestine, the operator, when
she said: ``Am I communicating with the people that I am speaking to?''
Are we communicating with the people we are speaking to when we say to
them it is an important priority and we have to put it in our budget
bill that we give donors the opportunity to spend endless money,
undermining the confidence the American people have in our political
system, at the same time--at the same time--as we say to Wall Street,
you can engage in risky activity with your derivatives and the FDIC
will ensure your action? That is just plain wrong.
Under the Dodd-Frank Act, if a bank wanted to engage in those risky
activities they had to be pushed out to another entity, and that entity
could engage in those activities, but they were not insured by the
American taxpayer.
With this bill now we are saying the exposure, the recourse, is with
the U.S. taxpayer. Just plain wrong--and what is it doing in an
appropriations bill, except to have this bill be taken hostage? This is
a ransom, this is blackmail. You don't get a bill unless Wall Street
gets its taxpayer coverage.
So it is really so sad that something which I respect enormously, the
appropriation process--because it is hard. There are so many competing
calls on resources, so much that we have to try to invest in the
American people, their health, their education, the economic stability
of their families, the air they breathe, the water they drink, and how
we fund all of that. I have some questions about some of that in this
bill, but the fact is it is all a compromise, and it could have been a
good compromise. So whatever Members choose to do.
I am enormously disappointed that the White House feels that the only
way they can get a bill is to go along with this, and that would be the
only reason I think they would say they would sign such a bill that
would ``weaken a critical component of financial system reform aimed at
reducing taxpayer risk.'' Those are the words in the administration's
statement.
I feel sad for the American people today, because we are saying in
order for us to invest in the education of our children and all of the
responsibilities we have to the American people, we have to pay off
Wall Street in addition to that. And I don't begrudge Wall Street, and
I don't paint everybody there with the same brush. But what I am saying
is the taxpayer should not assume the risk. It is back to the same old
Republican formula: prioritize the gain, nationalize the risk. You
succeed, it is in your pocket; you fail, the taxpayer pays the bill. It
is just not right.
So I think we have a missed opportunity today to have some strong
bipartisanship, and there will be bipartisan support for this bill. But
the fact is, my colleagues, you are being asked to put your name next
to privatizing the gain and nationalizing the risk. You are asked to
put your name next to practically unlimited contributions to political
campaigns just at a time when we are trying for reform to reduce the
role of politics and money and increase the voice of the American
people.
So, again, a missed opportunity. But I respect decisions that Members
will make because there are equities to be weighed here. But the
biggest equity we have is our responsibility to the American people to
do the right thing. What was added to this bill, which may be a good
bill, what was added to this bill is not the right thing. That is why
it has bipartisanship, it has good things in it, but it will not have
my support.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Nebraska (Mr. Fortenberry), a member of our committee.
Mr. FORTENBERRY. Mr. Speaker, I thank our chairman, Mr. Rogers, for
his steadfast commitment and hard work on this important bill.
[[Page H9281]]
Mr. Speaker, as President Kennedy once said, ``To govern is to
choose,'' and the key here is to try and choose wisely.
This bill is a result of a long and arduous and democratic process.
It is a result of the extensive effort of the Appropriations Committee,
with input from Members, to try and deliver effectively prioritized
government services.
Now, Mr. Speaker, I don't agree with everything in the bill. I don't
think anyone here does. But the question is, are we going to move
forward and govern a bit more towards something a bit better? And what
is good in this bill? First of all, it continues to prioritize the
right type of budgeting and reduce spending. The spending levels in the
bill are $176 billion below fiscal year 2010 funding levels. Although
our deficit has come down significantly through a smarter budgeting
process and some tax reform, nonetheless our deficit is still way too
high. We have work to do in this regard, and this bill does make
significant progress on that front.
There are also important reforms. Some big ones involve the IRS.
Their problems that they imposed on the American people have begun to
be curtailed here.
Second, the bill also addresses the sad and difficult issue of the
emerging need to fight Ebola and its spread.
It positions the U.S. Congress, as well, to curtail the President's
executive action on immigration moving forward, which represents a very
serious overreach on the part of the administration and a threat to the
separation of powers.
The bill provides a pay raise for our troops and important funding
for our veterans programs.
Another fact, Mr. Speaker: I am on the agricultural subcommittee. We
work very hard to continue our strong tradition of production
agriculture while funding new emerging food systems that link the
farmer to the family and help beginning and young farmers.
Mr. Speaker, I think we can do better in certain areas, such as
providing the right type of development assistance, which truly
protects women and children and doesn't entangle us with organizations
such as the U.N. Population Fund.
But it is important to remember that in the volatile Middle East, the
peace treaty between Israel and Egypt continues to hold with
significant commitment from us, and that is an important part of this
bill.
On balance, I will be supportive, and I want to thank Mr. Rogers, our
chairman, for his leadership.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2\1/2\ minutes to
the distinguished gentlewoman from Connecticut (Ms. DeLauro), the
ranking minority member of the Labor, Health and Human Services
Appropriations Subcommittee.
Ms. DeLAURO. Mr. Speaker, as ranking member of the Labor, Health and
Human Services Subcommittee, I worked hard on this portion of the
legislation, and there are some real bright spots.
But our problem is simple. The resources provided in this bill are
not adequate to tackle the challenges middle class families face every
day. The bill does not keep pace with inflation. It continues to
underfund some of our Nation's highest priorities: education, health
care, medical research, and job training.
However, there are many more troubling aspects of this bill. The
Department of Homeland Security is only funded for 9 weeks. Why?
Because the majority disagrees with the President on immigration.
Holding up full-year funding for national security over an immigration
disagreement is a game that poses a serious risk to our border, our
Secret Service, and our ability to respond to natural disasters.
The bill gambles with our financial system. It would reverse Dodd-
Frank safeguards, allow banks to engage in some of Wall Street's
riskiest transactions, the same transactions that caused a crisis in
which millions of hardworking Americans lost their jobs, their homes,
and their savings. Why? Why would we want to put families at risk once
again? Public funds should be used to protect our families, not to prop
up casino banking.
This bill threatens injustice to millions of seniors. It allows
pension funds to reduce benefits to current retirees.
{time} 1345
They worked hard for their retirement. They earned it. Would we want
to put their economic security in jeopardy?
Finally, the bill seeks to overturn some of the last remaining
campaign finance laws, as if they were not generous enough. The
American public is angry about a government that responds to the
highest bidder.
The majority's dangerous games benefit big corporations and the
wealthy at the expense of working families and seniors, and I urge my
colleagues to vote against this bill.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. KLINE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 83, the omnibus
appropriations bill for 2015. I want to commend the members of the
House Appropriations Committee, all of them, especially the committee's
distinguished chairman, Hal Rogers, for their hard work in writing a
responsible proposal that will fund our national priorities and prevent
a government shutdown. I am also pleased that the bill includes
critical reforms that will help our country avert a looming pension
crisis.
Today, Mr. Speaker, roughly 10 million Americans participate in a
multiemployer pension plan, men and women who have and continue to move
our country forward: builders, truck drives, carpenters, electricians,
and store clerks, to name a few.
These people worked hard and earned the promise that a pension would
provide financial security in retirement; yet for many, that promise is
now in jeopardy. Pension plans are on the brink of bankruptcy.
Employers, workers, and retirees are stretched thin, and a Federal
insurance agency is on the path to insolvency.
The multiemployer pension system is a ticking time bomb. When the
bomb goes off, businesses will close their doors, workers will be laid
off, taxpayers will be on the hook for a multibillion-dollar bailout,
and retirees will have their benefits cut or wiped out entirely.
A crisis is staring us in the face, and the question we have to
answer is: Will we act? Will we do what is right and necessary to help
fix this problem? Or will we simply kick the can down the road? I
believe we have a public duty and a moral responsibility to act.
My Democratic colleague, George Miller, and I have worked hard to
craft a bipartisan legislative response to this looming disaster. With
the help of our friend, Dr. Phil Roe, and the work of many employers
and union leaders, we have reached agreement on a series of reforms
that offer the best chance we have to protect taxpayers, working
families, and retirees.
Our bipartisan proposal includes tough medicine for a pension system
in critical condition. It requires higher premiums so the Federal
backstop can meet its obligations without taxpayer assistance. It also
provides new tools to trustees to help plans avoid insolvency,
including the ability to adjust benefits.
Let me be clear: if we reject this bill and continue the status quo,
benefits will be cut. It is only a matter of time.
As plans go under, the Federal Government inflicts maximum pain on
the maximum number of people, but if we offer trustees more
flexibility, they can avoid insolvency and provide retirees greater
financial security. We have a choice between an axe in the hand of a
first-year med student or a scalpel in the hand of a trusted surgeon.
This isn't easy. No matter what happens, retirees will face some
difficult hardships. That is why the proposal includes numerous
protections, but most importantly, it ensures all retirees are better
off than if we did nothing.
This isn't a perfect solution. I am disappointed we couldn't do more
to provide workers more options to plan for their retirement. Make no
mistake, this is the first step in addressing a tough problem, and it
won't be the last.
Despite its shortcomings, this is a strong proposal that deserves our
support. We cannot let this opportunity pass by. This problem will be
harder to solve after the bomb goes off. I urge my
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colleagues to do what is in the best interest of workers, employers,
and retirees by supporting this bipartisan agreement.
Before I close, Mr. Speaker, I want to thank some members of the
staff who worked day and night to make this happen, starting with my
staff director, Juliane Sullivan, and workforce policy director, Ed
Gilroy. I also want to thank Brian Kennedy, Megan O'Reilly, and Julia
Krahe of Mr. Miller's staff for all of their hard work.
Last, but certainly not least, I would like to offer my deep
appreciation to a trusted member of my team, Andy Banducci. Andy has
poured more time and energy into this effort than anyone else, and he
has earned the right to a good night's sleep.
Finally, I would like to extend my sincere thanks to my colleague,
George Miller, who will leave this Chamber after 40 years of public
service. Without his courage and determination to do what is right,
this effort would not have been possible; through it all, he has been a
trusted friend and ally.
George has long been a tireless advocate for working families from
the start of his distinguished career down to these final moments in
Congress. He will leave behind a lasting mark on the House and the
Education and Workforce Committee.
We haven't agreed on every issue, but in the fine tradition of our
committee, we have always found a way to disagree without being
disagreeable. I have no doubt he will remain a powerful voice for
students, teachers, and working families.
George, thank you for your service and your friendship. I wish you
and your wife, Cynthia, and family all the best.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Chairman Kline, I thank you so much for your very kind words, for
your friendship, and for your willingness to work together.
You are right. We haven't always agreed, but we tried to honor that
by not becoming disagreeable with one another. My service on the
Education and Workforce Committee has been the joy of my life in the
Congress of the United States. Thank you for steering the committee
over these last several years.
I want to join you in thanking all of the hardworking staff not just
on this piece of legislation, but year in and year out, hearing in and
hearing out, amendments and changes, and all the things staff goes
through. They have really acted in a very, very professional manner.
They too have been able to work back and forth across the aisle and
across ideologies and all the rest of it and serve as a buffer every
now and then when the Members get a little out of control. Thank you so
very, very much.
This Kline-Miller multiemployer pension agreement that was added to
the bill before us today is based upon a proposal developed nearly 2
years ago by labor unions and employers who wanted to find a path
forward for severely distressed and failing pension plans.
This provision will give plan trustees--labor and management--the
tools they need to avoid the impending collapse of many multiemployer
plans. It will also provide new funds--with a premium increase--for the
insurer charged with backing up these plans which is also facing
bankruptcy.
The Kline-Miller provision is the only available option to save these
failing plans, and it is the last chance that labor unions, their
members, and employers have to gain some control over the future of
their pensions.
Throughout my 40 years in Congress, I have worked to strengthen
pension protections and to expand retirement security for all
Americans. I have fought for workers, and I have fought for their
benefits.
I have fought for their right to collectively bargain over retirement
and from the hidden fees in their 401(k) plans. I fought to protect
them from conflicted investment advice that could have put their
retirement security at risk. It is my commitment to workers and their
retirement security that brings me here today.
We have an obligation to reform the multiemployer system so that we
can protect the retirement security of workers nationwide. The approach
we have put forward, which is backed by business and labor leaders,
will secure the multiemployer pension systems for millions of current
and future retirees.
It includes important consumer safeguards that give participants in
these plans a voice to protect the most vulnerable retirees. Most
importantly, it gives employers and the employees the option--a choice,
not a mandate. They get to choose. They get to decide that they want to
design a plan that they think can rescue their currently failing
pension system. That is an important right to grant them.
Many local unions have already made this decision with their members,
but they can't do it. They can't cut their own benefits because they
are prohibited from doing it by law.
Who are we to tell these workers that they can't take the opportunity
to stretch their pool of pension money, their savings, so that it may
cover more people for a longer period of time if they make these
adjustments? They want to make these adjustments, but the law says they
can't.
If we trust labor unions, if we trust the workers, if we believe in
the dignity of the worker, we should give them the opportunity and the
responsibility of trying to save their own pensions. This is all this
bill does. It gives them the option. It gives them the opportunity.
It lets them take on the responsibility for trying to design a rescue
plan that may increase the longevity of their plan. It may allow
retirees a better pension than they would get if they just fell into
the government rescue system. That is what they are asking us to let
them do.
This is not a new idea. It has been here for 2 years of hearings. It
has been under Chairman Kline. We have had exhaustive hearings on this
provision. We have heard from the employers. We have heard from a cross
section of unions, some who agree with this plan and some who disagree.
That is why it is an option. For those who don't want to do it, those
who have written you letters and said, ``Don't do this,'' what about
the guys that want to do this? So this is an option. They will have to
talk to their members, they will have to talk to the employers, they
will have to talk to their trustees, and they will have to make a
decision. If they can come up with that rescue plan, they ought to be
allowed to do that.
The time has come to let them do this. These plans are losing
altitude every day that they can't make these adjustments. Hopefully, a
pickup in the economy, an increase in employment, an increase in
enrollment will help them, but they still need the option to be able to
make these judgments.
I would hope that my colleagues here in the Congress would trust
these workers enough to give them this opportunity and this
responsibility to make these decisions about their retirement, not our
wish list of how we would like it to be, but their retirement today
that is in threat of collapse.
I urge my colleagues to support this provision and support this
legislation, and I reserve the balance of my time.
Mr. KLINE. Mr. Speaker, I am very, very pleased to yield 3 minutes to
the gentleman from Tennessee, Dr. Roe, chairman of the Subcommittee on
Health, Employment, Labor, and Pensions.
Mr. ROE of Tennessee. Mr. Speaker, I rise in strong support of the
multiemployer pension reform act contained in the underlying bill. This
bipartisan legislation will strengthen and, in some cases, save
retirement benefits for more than 10 million Americans who are enrolled
in a multiemployer pension plan. Let's say that again: this legislation
will save retirement benefits.
While many multiemployer plans are in strong financial shape, the
number of financially-distressed plans is a cause for great concern.
Among these troubled plans is the Central States Pension Fund, covering
410,000 participants, which PBGC projects will become insolvent in the
next 10 years.
PBGC's own finances are in dire straits. A report released by the
PBGC just last month shows that its multiemployer program has a deficit
of more than $42 billion, an alltime high. The
[[Page H9283]]
agency also believes that there is a 90 percent chance it becomes
insolvent by 2025 without change.
Taken together, these financial challenges pose a clear and present
danger to the retirement of those who receive those benefits from PBGC
and those who expect the PBGC to serve as a backstop if their pension
plan fails. It is not a question of if the worst will happen for some
of these plans; it is only a question of when.
The proposal before us today is a product of six subcommittee
hearings over 4 years, countless hours of discussion and debate between
management and labor, and thoughtful negotiations between Republicans
and Democrats.
This legislation will give pension plans the tools to save themselves
without a taxpayer bailout. For those plans that are beyond repair,
this proposal will strengthen the PBGC's finances to help ensure that
retirees continue to receive a benefit.
What we are asking of these plans is hard. If there were some other
way to resolve this problem without a taxpayer bailout, we would have
pursued it, but there is not another way. We have to do what is
necessary to protect the retirement benefits for those Americans who
earned them.
Businesses and unions alike understand this. That is why the Kline-
Miller proposal is supported by companies, including Kroger, Nestle
USA, as well as labor unions, including the UFCW, SEIU, and North
America's Building Trade Unions.
I commend Chairman Kline and Ranking Member Miller for their tireless
efforts on this issue. They have shown all of us that bipartisan
compromise for the greater good is possible.
{time} 1400
I also want to thank Ed Gilroy and Andy Banducci and the rest of the
staff on both sides of the aisle for the long, hard hours they have
logged on this effort.
This desperately-needed pension reform is good for workers, it is
good for retirees, it is good for business, and it is good for America.
I encourage my colleagues to strongly support this.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 3 minutes to
the gentleman from New Jersey (Mr. Norcross).
Mr. NORCROSS. Mr. Speaker, it is ironic that we are having this
discussion today.
First, I want to thank the ranking member for yielding me time.
I was sworn in just a few weeks ago. Prior to that, my entire career
has been working in a system that supported a multiemployer plan.
I went home last night and opened my mail. I received my first
pension check which happens to be from a multiemployer plan. I
understand how it works, and I understand how it doesn't work, and that
is what we are here to discuss today.
The fact of the matter is the multiemployer is a very different
animal than what most people traditionally think of as a pension plan.
Multiemployer is the employee groups, the unions working together with
management to make these decisions.
In a perfect world--which I have been blessed with, with my plan--
that check arrives on time, and it will be there, but there are other
plans that are certainly not in that condition and have not been that
way for a very long time.
We can continue to bury our heads in the sand and wait for that
implosion--because it is going to happen--or we can do the right thing
and give people their voice back.
Let those plans have the ability to ask their memberships what they
want to do. They got there through that cooperation. It might not be
their own fault that the plan is failing. There are many conditions
that cause that.
But the way the rules are now, they have no voice. They are silent. I
am just here to make sure that we have an absolute and clear
understanding that this is about giving the employers and the employees
their voice back.
Mr. KLINE. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Indiana (Mrs. Brooks), another member of the committee.
Mrs. BROOKS of Indiana. Mr. Speaker, first of all, I want to thank
Chairman Kline, Ranking Member Miller, and Dr. Roe for working
tirelessly on this incredibly difficult piece of legislation that I
know impacts so many people.
As you have heard, on the Health Subcommittee, we had over six
different hearings on this matter examining the difficulties facing
troubled multiemployer plans and the looming insolvency of the Pension
Benefit Guaranty Corporation that is tasked with backstopping pension
plans.
During those hearings, I heard from the president of North America's
Building Trades Unions that said ultimately: ``In order for individual
pensioners to receive benefits from our plans, the plans themselves
must be preserved.''
Mr. Speaker, without this Kline-Miller pension reform, the insolvency
of these plans is exactly what will happen, ultimately hurting those
most in need.
Just last month, PBGC released its annual report which showed the
deficit in this insurance program has increased from $8.3 billion to
$42.4 billion in just 1 year. At this rate, the PBGC anticipates the
plans will become insolvent in the next decade. That means pensioners
won't even be able to count on the minimum to backstop programs that
are terminal.
We must act now to give the trustees of these plans the tools
necessary to allow the unions and their members the opportunity to
salvage the multiemployer pension model. The longer we wait, the more
the problem grows, and the more painful it becomes for pensioners and
employers alike.
Our constituents didn't send us here to take the easy path, but
rather to do the hard work that must be done. That is why so much is at
stake, and that is why this provision is so necessary.
I urge its passage.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I would just like, so my colleagues fully understand
this, to read the list of some of the unions that are supporting this
legislation: North America's Building Trades Unions, International
Council of Employers of Bricklayers and Allied Craftworkers,
International Union of Operating Engineers, International Union of
Painters and Allied Trades, United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting Industry, Service Employees
International Union, the United Food and Commercial Workers
International Union, United Brotherhood of Carpenters and Joiners of
America, Actors' Equity Association, and the American Federation of
Musicians--a very diverse group of American workers who are asking us
to give them the option to make decisions about the future of their
pension.
Some of these pensions are in better shape than others, but they are
all asking for this right. For those who may be opposed to this
legislation, don't like this legislation, they don't have to exercise
their right; but we cannot deny these workers this opportunity to make
this decision about their very hard-earned pensions.
As Mr. Norcross said, they made these decisions together where they
are today, and they ought to be able to make the decisions together to
change direction and to head off for an opportunity at greater solvency
and longevity.
Mr. Speaker, I want to again thank Congressman Kline and all of the
staff and all of those who have cooperated and all of these
organizations that have spent many years trying to investigate the best
way to answer this nagging question of how to save these plans.
Mr. Speaker, I yield back the balance of my time.
Mr. KLINE. Mr. Speaker, I yield myself the balance of my time.
In closing, again, I want to thank the staff and Republicans and
Democrats for working on this.
We have talked a lot about what this does for employees, for
retirees. It also does an awful lot to strengthen the position of
employers. You need strong employers. They need some relief from the
crushing liability that is on them. You need strong employers and a
strong plan in order to guarantee the pensions for all of these
workers.
I have a long list here, which I will not read, of employers who are
supporting this because they understand that they, like the employees
and like the retirees, need relief from the broken system that we have
today.
Mr. Speaker, I encourage all of my colleagues to support this
legislation,
[[Page H9284]]
and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration on this motion is postponed.
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