[United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 113-235
113th Congress
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2015, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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
[[Page 2131]]
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
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
[[Page 2132]]
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
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.
DIVISION P--OTHER RETIREMENT-RELATED MODIFICATIONS
Sec. 1. Substantial cessation of operations.
Sec. 2. Clarification of the normal retirement age.
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.
DIVISION Q--BUDGETARY EFFECTS
Sec. 1. Budgetary Effects.
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.
[[Page 2133]]
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
[[Page 2134]]
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).
[[Page 2135]]
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.
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
[[Page 2136]]
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
[[Page 2137]]
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.
[[Page 2138]]
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.
[[Page 2139]]
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, $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
[[Page 2140]]
$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
[[Page 2141]]
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).
[[Page 2142]]
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 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.
[[Page 2143]]
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
[[Page 2144]]
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
[[Page 2145]]
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.
[[Page 2146]]
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 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,
[[Page 2147]]
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
[[Page 2148]]
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
[[Page 2149]]
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 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-
[[Page 2150]]
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
[[Page 2151]]
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''.
[[Page 2152]]
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
[[Page 2153]]
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
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,
[[Page 2154]]
$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
[[Page 2155]]
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
[[Page 2156]]
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.
[[Page 2157]]
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), $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.
[[Page 2158]]
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
[[Page 2159]]
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
[[Page 2160]]
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
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
[[Page 2161]]
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
[[Page 2162]]
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
[[Page 2163]]
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.
(4) The Biomass Crop Assistance Program authorized by
section 9011 of the Farm Security and Rural Investment Act
[[Page 2164]]
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)
[[Page 2165]]
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,
[[Page 2166]]
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).
[[Page 2167]]
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
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
[[Page 2168]]
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.
[[Page 2169]]
(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.
[[Page 2170]]
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 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
[[Page 2171]]
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
[[Page 2172]]
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
[[Page 2173]]
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
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.
[[Page 2174]]
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:
[[Page 2175]]
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
[[Page 2176]]
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
[[Page 2177]]
(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 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
[[Page 2178]]
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
[[Page 2179]]
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.
[[Page 2180]]
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
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.
[[Page 2181]]
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)
[[Page 2182]]
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.
[[Page 2183]]
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:
[[Page 2184]]
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,
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
[[Page 2185]]
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
[[Page 2186]]
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
[[Page 2187]]
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.
[[Page 2188]]
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
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
[[Page 2189]]
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
[[Page 2190]]
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.
[[Page 2191]]
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.
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
[[Page 2192]]
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;
[[Page 2193]]
(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
[[Page 2194]]
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
[[Page 2195]]
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;
(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
[[Page 2196]]
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.
[[Page 2197]]
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
[[Page 2198]]
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 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)
[[Page 2199]]
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.
[[Page 2200]]
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
[[Page 2201]]
$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 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
[[Page 2202]]
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;
[[Page 2203]]
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
[[Page 2204]]
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.
[[Page 2205]]
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.
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''.
[[Page 2206]]
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
[[Page 2207]]
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.
[[Page 2208]]
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
[[Page 2209]]
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 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,
[[Page 2210]]
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
[[Page 2211]]
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
[[Page 2212]]
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.
(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
[[Page 2213]]
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
[[Page 2214]]
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
[[Page 2215]]
(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 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.
[[Page 2216]]
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
[[Page 2217]]
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.''.
[[Page 2218]]
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.
[[Page 2219]]
``(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--
(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--
[[Page 2220]]
``(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.
[[Page 2221]]
(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.
[[Page 2222]]
``(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
[[Page 2223]]
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 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
[[Page 2224]]
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.
[[Page 2225]]
``(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
[[Page 2226]]
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 and medium-sized
manufacturing enterprises, research universities, community
colleges, and
[[Page 2227]]
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).
[[Page 2228]]
``(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
[[Page 2229]]
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-
[[Page 2230]]
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, 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:
[[Page 2231]]
``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;
[[Page 2232]]
``(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--
[[Page 2233]]
``(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;
[[Page 2234]]
``(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''.
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.
[[Page 2235]]
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
[[Page 2236]]
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
[[Page 2237]]
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
[[Page 2238]]
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.
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
[[Page 2239]]
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,
[[Page 2240]]
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.
[[Page 2241]]
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 2242]]
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,
[[Page 2243]]
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
[[Page 2244]]
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
[[Page 2245]]
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
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
[[Page 2246]]
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,
[[Page 2247]]
$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
[[Page 2248]]
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
[[Page 2249]]
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 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.
[[Page 2250]]
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.
[[Page 2251]]
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
[[Page 2252]]
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 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,
[[Page 2253]]
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
[[Page 2254]]
(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:
[[Page 2255]]
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, 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,
[[Page 2256]]
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
[[Page 2257]]
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.
[[Page 2258]]
(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
[[Page 2259]]
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.
(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
[[Page 2260]]
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.
[[Page 2261]]
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--
[[Page 2262]]
(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
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.
[[Page 2263]]
(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.
[[Page 2264]]
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--
[[Page 2265]]
(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 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
[[Page 2266]]
(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
[[Page 2267]]
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.
[[Page 2268]]
(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
[[Page 2269]]
Appropriations of the House of Representatives and the Senate that it is
in the national security interest to do so.
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.
[[Page 2270]]
(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.
[[Page 2271]]
(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
[[Page 2272]]
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;
(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
[[Page 2273]]
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.
[[Page 2274]]
(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--
[[Page 2275]]
(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.
(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,
[[Page 2276]]
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.
[[Page 2277]]
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
[[Page 2278]]
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 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
[[Page 2279]]
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
[[Page 2280]]
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.).
[[Page 2281]]
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.
[[Page 2282]]
(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, 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
[[Page 2283]]
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.
[[Page 2284]]
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
[[Page 2285]]
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.
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.
[[Page 2286]]
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.
[[Page 2287]]
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:
[[Page 2288]]
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/
[[Page 2289]]
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 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
[[Page 2290]]
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,
[[Page 2291]]
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
[[Page 2292]]
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.
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:
[[Page 2293]]
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.
[[Page 2294]]
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.
[[Page 2295]]
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.
[[Page 2296]]
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;
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,
[[Page 2297]]
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
[[Page 2298]]
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
[[Page 2299]]
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.
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;
[[Page 2300]]
(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
[[Page 2301]]
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
[[Page 2302]]
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''.
[[Page 2303]]
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 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
[[Page 2304]]
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
[[Page 2305]]
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.
[[Page 2306]]
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 $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
[[Page 2307]]
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''.
[[Page 2308]]
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.
[[Page 2309]]
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
[[Page 2310]]
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 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:
[[Page 2311]]
(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''.
[[Page 2312]]
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,
[[Page 2313]]
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, 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
[[Page 2314]]
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
[[Page 2315]]
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
[[Page 2316]]
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
[[Page 2317]]
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.
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.
[[Page 2318]]
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
[[Page 2319]]
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).
[[Page 2320]]
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 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
[[Page 2321]]
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
[[Page 2322]]
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
[[Page 2323]]
(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
[[Page 2324]]
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.
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
[[Page 2325]]
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
[[Page 2326]]
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--
[[Page 2327]]
(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 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
[[Page 2328]]
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
[[Page 2329]]
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.
[[Page 2330]]
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.
[[Page 2331]]
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
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.
[[Page 2332]]
(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.
[[Page 2333]]
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.
[[Page 2334]]
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 for
official reception and representation expenses.
[[Page 2335]]
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;
[[Page 2336]]
(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.
[[Page 2337]]
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
[[Page 2338]]
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 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
[[Page 2339]]
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
[[Page 2340]]
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).
[[Page 2341]]
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 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,
[[Page 2342]]
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.
[[Page 2343]]
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
[[Page 2344]]
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
[[Page 2345]]
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 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,
[[Page 2346]]
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
[[Page 2347]]
(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''.
[[Page 2348]]
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
[[Page 2349]]
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
(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.
[[Page 2350]]
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.
[[Page 2351]]
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''.
[[Page 2352]]
(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 of
Representatives and the Senate
[[Page 2353]]
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
[[Page 2354]]
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.
[[Page 2355]]
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.
[[Page 2356]]
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 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''.
[[Page 2357]]
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
[[Page 2358]]
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,
[[Page 2359]]
$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:
[[Page 2360]]
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 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,
[[Page 2361]]
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;
[[Page 2362]]
(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
[[Page 2363]]
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 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
[[Page 2364]]
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
[[Page 2365]]
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
[[Page 2366]]
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.
[[Page 2367]]
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 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
[[Page 2368]]
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.
[[Page 2369]]
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
[[Page 2370]]
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.
[[Page 2371]]
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 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
[[Page 2372]]
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.
[[Page 2373]]
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.
[[Page 2374]]
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 2375]]
(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
[[Page 2376]]
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
[[Page 2377]]
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.
[[Page 2378]]
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)--
(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
[[Page 2379]]
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
[[Page 2380]]
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
[[Page 2381]]
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 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
[[Page 2382]]
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,
[[Page 2383]]
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
[[Page 2384]]
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, 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;
[[Page 2385]]
(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
[[Page 2386]]
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
[[Page 2387]]
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
[[Page 2388]]
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 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
[[Page 2389]]
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
[[Page 2390]]
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.).
[[Page 2391]]
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.
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,
[[Page 2392]]
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.
[[Page 2393]]
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--
[[Page 2394]]
(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 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
[[Page 2395]]
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.
[[Page 2396]]
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
[[Page 2397]]
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
[[Page 2398]]
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
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
[[Page 2399]]
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
[[Page 2400]]
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
[[Page 2401]]
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, 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
[[Page 2402]]
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.
[[Page 2403]]
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.
[[Page 2404]]
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.
[[Page 2405]]
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 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
[[Page 2406]]
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
[[Page 2407]]
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
[[Page 2408]]
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 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.
[[Page 2409]]
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
[[Page 2410]]
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.
[[Page 2411]]
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
[[Page 2412]]
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
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
[[Page 2413]]
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.
[[Page 2414]]
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
[[Page 2415]]
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.
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.
[[Page 2416]]
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
[[Page 2417]]
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.
[[Page 2418]]
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:
[[Page 2419]]
(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 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
[[Page 2420]]
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
[[Page 2421]]
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)--
[[Page 2422]]
(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 2423]]
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.
[[Page 2424]]
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
[[Page 2425]]
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;
[[Page 2426]]
(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-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''
[[Page 2427]]
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,
[[Page 2428]]
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.
[[Page 2429]]
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.
[[Page 2430]]
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 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
[[Page 2431]]
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
[[Page 2432]]
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
[[Page 2433]]
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 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
[[Page 2434]]
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
[[Page 2435]]
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
[[Page 2436]]
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 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
[[Page 2437]]
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.
[[Page 2438]]
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
[[Page 2439]]
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
[[Page 2440]]
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 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
[[Page 2441]]
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
[[Page 2442]]
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.
[[Page 2443]]
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.
[[Page 2444]]
(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
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.
[[Page 2445]]
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.
[[Page 2446]]
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--
[[Page 2447]]
(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 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
[[Page 2448]]
(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
[[Page 2449]]
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
[[Page 2450]]
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
[[Page 2451]]
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, 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
[[Page 2452]]
(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.
[[Page 2453]]
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
[[Page 2454]]
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 System: Provided further, That funds appropriated in this Act
which are used to establish a national one-stop career
[[Page 2455]]
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.
[[Page 2456]]
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.
[[Page 2457]]
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
[[Page 2458]]
(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 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
[[Page 2459]]
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.
[[Page 2460]]
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.
[[Page 2461]]
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;
[[Page 2462]]
(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
(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.
[[Page 2463]]
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
[[Page 2464]]
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.
[[Page 2465]]
(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 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).
[[Page 2466]]
``(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.
[[Page 2467]]
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.
[[Page 2468]]
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.
[[Page 2469]]
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/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.
[[Page 2470]]
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
[[Page 2471]]
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
[[Page 2472]]
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.
[[Page 2473]]
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.
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.
[[Page 2474]]
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
[[Page 2475]]
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.
[[Page 2476]]
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
[[Page 2477]]
fees, reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain available until
September 30, 2016.
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
[[Page 2478]]
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,
[[Page 2479]]
$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.
[[Page 2480]]
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 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
[[Page 2481]]
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.
[[Page 2482]]
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
[[Page 2483]]
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.
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
[[Page 2484]]
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,
[[Page 2485]]
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.
[[Page 2486]]
(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
[[Page 2487]]
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 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
[[Page 2488]]
(``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.
[[Page 2489]]
(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
[[Page 2490]]
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 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
[[Page 2491]]
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.
[[Page 2492]]
(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:
[[Page 2493]]
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
[[Page 2494]]
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, 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.
[[Page 2495]]
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
[[Page 2496]]
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
[[Page 2497]]
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
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
[[Page 2498]]
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
[[Page 2499]]
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.
[[Page 2500]]
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.
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.
[[Page 2501]]
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
[[Page 2502]]
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,
[[Page 2503]]
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
[[Page 2504]]
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 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,
[[Page 2505]]
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
[[Page 2506]]
``(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
[[Page 2507]]
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.
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.
[[Page 2508]]
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
[[Page 2509]]
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
[[Page 2510]]
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.
[[Page 2511]]
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.
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.
[[Page 2512]]
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
[[Page 2513]]
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
[[Page 2514]]
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--
[[Page 2515]]
(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.
(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)).
[[Page 2516]]
(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;
[[Page 2517]]
(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,
[[Page 2518]]
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.
(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,
[[Page 2519]]
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
[[Page 2520]]
(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.
[[Page 2521]]
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
[[Page 2522]]
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 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''.
[[Page 2523]]
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.
[[Page 2524]]
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
[[Page 2525]]
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''.
[[Page 2526]]
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 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
[[Page 2527]]
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
[[Page 2528]]
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.
[[Page 2529]]
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.
[[Page 2530]]
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 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
[[Page 2531]]
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
[[Page 2532]]
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
[[Page 2533]]
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
[[Page 2534]]
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 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).
[[Page 2535]]
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
[[Page 2536]]
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
[[Page 2537]]
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 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''.
[[Page 2538]]
(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
[[Page 2539]]
(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').
[[Page 2540]]
``(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.''.
[[Page 2541]]
(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 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
[[Page 2542]]
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
[[Page 2543]]
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
[[Page 2544]]
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.
[[Page 2545]]
(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 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
[[Page 2546]]
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,
[[Page 2547]]
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
[[Page 2548]]
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.
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
[[Page 2549]]
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
[[Page 2550]]
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
[[Page 2551]]
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.
Sec. 128. For an additional amount for ``Military Construction,
Army'', $61,000,000; ``Military Construction, Army National Guard'',
[[Page 2552]]
$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
[[Page 2553]]
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.
[[Page 2554]]
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
[[Page 2555]]
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.
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
[[Page 2556]]
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.
[[Page 2557]]
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
[[Page 2558]]
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
[[Page 2559]]
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 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
[[Page 2560]]
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
[[Page 2561]]
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
[[Page 2562]]
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 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.
[[Page 2563]]
(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
[[Page 2564]]
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:
[[Page 2565]]
(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
[[Page 2566]]
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.
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
[[Page 2567]]
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
[[Page 2568]]
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
[[Page 2569]]
(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 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.
[[Page 2570]]
``(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
[[Page 2571]]
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
[[Page 2572]]
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.
[[Page 2573]]
(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 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
[[Page 2574]]
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
[[Page 2575]]
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
[[Page 2576]]
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.
[[Page 2577]]
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $30,000,000.
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
[[Page 2578]]
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,
[[Page 2579]]
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.
[[Page 2580]]
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 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
[[Page 2581]]
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.
[[Page 2582]]
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.
[[Page 2583]]
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
[[Page 2584]]
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.
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;
[[Page 2585]]
(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
[[Page 2586]]
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.
[[Page 2587]]
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 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.
[[Page 2588]]
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.
[[Page 2589]]
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.
[[Page 2590]]
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,
[[Page 2591]]
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.
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.
[[Page 2592]]
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
[[Page 2593]]
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
[[Page 2594]]
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 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
[[Page 2595]]
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.
[[Page 2596]]
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.
[[Page 2597]]
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
[[Page 2598]]
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, 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
[[Page 2599]]
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
[[Page 2600]]
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,
[[Page 2601]]
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 with the
Director of the Bureau of Overseas Buildings Operations: Provided
further,
[[Page 2602]]
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.
[[Page 2603]]
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
[[Page 2604]]
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.
[[Page 2605]]
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 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
[[Page 2606]]
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.
[[Page 2607]]
(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;
[[Page 2608]]
(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 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
[[Page 2609]]
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
[[Page 2610]]
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.
[[Page 2611]]
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
[[Page 2612]]
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.
(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
[[Page 2613]]
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
[[Page 2614]]
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
[[Page 2615]]
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).
(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
[[Page 2616]]
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.
[[Page 2617]]
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
[[Page 2618]]
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
[[Page 2619]]
(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;
(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:
[[Page 2620]]
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.
[[Page 2621]]
(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.
[[Page 2622]]
(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 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;
[[Page 2623]]
(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.
[[Page 2624]]
(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
[[Page 2625]]
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)--
(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''.
[[Page 2626]]
(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
[[Page 2627]]
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
[[Page 2628]]
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
[[Page 2629]]
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 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.
[[Page 2630]]
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.
[[Page 2631]]
(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.
[[Page 2632]]
(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 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
[[Page 2633]]
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
[[Page 2634]]
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
[[Page 2635]]
(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
[[Page 2636]]
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
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
[[Page 2637]]
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
[[Page 2638]]
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.--
[[Page 2639]]
(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.
(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
[[Page 2640]]
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
[[Page 2641]]
(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
[[Page 2642]]
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
[[Page 2643]]
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;
(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
[[Page 2644]]
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,
[[Page 2645]]
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
[[Page 2646]]
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 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.--
[[Page 2647]]
(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.
[[Page 2648]]
(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.
[[Page 2649]]
(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.
[[Page 2650]]
(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.
(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
[[Page 2651]]
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.
[[Page 2652]]
(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.
[[Page 2653]]
(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
(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
[[Page 2654]]
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.
[[Page 2655]]
(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.
[[Page 2656]]
(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
[[Page 2657]]
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 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
[[Page 2658]]
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).
[[Page 2659]]
(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
[[Page 2660]]
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 a country, the government of which the
[[Page 2661]]
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,
[[Page 2662]]
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
[[Page 2663]]
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.
[[Page 2664]]
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
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
[[Page 2665]]
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
[[Page 2666]]
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--
[[Page 2667]]
(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 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
[[Page 2668]]
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
[[Page 2669]]
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.
[[Page 2670]]
(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
[[Page 2671]]
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;
(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
[[Page 2672]]
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.
[[Page 2673]]
(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
[[Page 2674]]
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 2675]]
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
[[Page 2676]]
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--
[[Page 2677]]
(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
[[Page 2678]]
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
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
[[Page 2679]]
(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
[[Page 2680]]
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
[[Page 2681]]
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 development of technologies that provide
or enhance access to the Internet, including circumvention tools
that bypass Internet blocking, filtering, and other censorship
[[Page 2682]]
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--
[[Page 2683]]
(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
[[Page 2684]]
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:
[[Page 2685]]
``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.
``(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
[[Page 2686]]
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;
[[Page 2687]]
(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
[[Page 2688]]
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.
[[Page 2689]]
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 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.
[[Page 2690]]
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
[[Page 2691]]
``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
[[Page 2692]]
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
[[Page 2693]]
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 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
[[Page 2694]]
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
[[Page 2695]]
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''.
[[Page 2696]]
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 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
[[Page 2697]]
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.
[[Page 2698]]
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.
[[Page 2699]]
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.
[[Page 2700]]
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 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
[[Page 2701]]
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
[[Page 2702]]
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
[[Page 2703]]
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.
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.
[[Page 2704]]
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''.
[[Page 2705]]
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
[[Page 2706]]
(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.
[[Page 2707]]
(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
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
[[Page 2708]]
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
[[Page 2709]]
(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.
[[Page 2710]]
``(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 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
[[Page 2711]]
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)
[[Page 2712]]
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.
[[Page 2713]]
(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.
[[Page 2714]]
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 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
[[Page 2715]]
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
[[Page 2716]]
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.
[[Page 2717]]
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 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.
[[Page 2718]]
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,
[[Page 2719]]
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
[[Page 2720]]
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
[[Page 2721]]
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 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
[[Page 2722]]
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
[[Page 2723]]
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.
[[Page 2724]]
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 2725]]
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
[[Page 2726]]
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
[[Page 2727]]
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.
[[Page 2728]]
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 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.
[[Page 2729]]
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
[[Page 2730]]
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
[[Page 2731]]
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 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
[[Page 2732]]
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
[[Page 2733]]
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:
[[Page 2734]]
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
[[Page 2735]]
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 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,
[[Page 2736]]
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
[[Page 2737]]
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,
[[Page 2738]]
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
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.
[[Page 2739]]
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.
[[Page 2740]]
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
[[Page 2741]]
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 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-
[[Page 2742]]
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
[[Page 2743]]
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
[[Page 2744]]
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.
[[Page 2745]]
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 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
[[Page 2746]]
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
[[Page 2747]]
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.
[[Page 2748]]
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 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
[[Page 2749]]
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
[[Page 2750]]
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
[[Page 2751]]
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;
[[Page 2752]]
(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
(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,
[[Page 2753]]
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
[[Page 2754]]
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
[[Page 2755]]
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:
(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;
[[Page 2756]]
(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
[[Page 2757]]
(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,
[[Page 2758]]
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 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--
[[Page 2759]]
``(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''.
[[Page 2760]]
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.
[[Page 2761]]
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.
[[Page 2762]]
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), 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.
[[Page 2763]]
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
[[Page 2764]]
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
[[Page 2765]]
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.
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
[[Page 2766]]
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.
[[Page 2767]]
(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
SEC. 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;
[[Page 2768]]
(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.
[[Page 2769]]
(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
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
[[Page 2770]]
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
[[Page 2771]]
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.
[[Page 2772]]
(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 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).
[[Page 2773]]
``(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
SEC. 1. SHORT TITLE.
This division may be cited as the ``Multiemployer Pension Reform Act
of 2014''.
[[Page 2774]]
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:
[[Page 2775]]
``(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
[[Page 2776]]
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,
``(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--
[[Page 2777]]
(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
[[Page 2778]]
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
[[Page 2779]]
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.''.
[[Page 2780]]
(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--
``(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),''.
[[Page 2781]]
(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--
[[Page 2782]]
``(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.''.
[[Page 2783]]
(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:
[[Page 2784]]
``(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 (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
[[Page 2785]]
``(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
[[Page 2786]]
``(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.
[[Page 2787]]
``(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),'';
[[Page 2788]]
(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
(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.--
[[Page 2789]]
(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).
[[Page 2790]]
``(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--'';
[[Page 2791]]
(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 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
[[Page 2792]]
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,
[[Page 2793]]
``(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.''.
[[Page 2794]]
(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.
[[Page 2795]]
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 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
[[Page 2796]]
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
[[Page 2797]]
(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
[[Page 2798]]
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).''.
(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.
[[Page 2799]]
(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
[[Page 2800]]
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.
[[Page 2801]]
``(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
[[Page 2802]]
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
``(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
[[Page 2803]]
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
[[Page 2804]]
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
[[Page 2805]]
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
[[Page 2806]]
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.--
``(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.
[[Page 2807]]
``(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
[[Page 2808]]
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
[[Page 2809]]
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.--
[[Page 2810]]
(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--
(A) by striking ``and whether'' and inserting ``,
whether'', and
[[Page 2811]]
(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.--
[[Page 2812]]
``(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.
[[Page 2813]]
``(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,
[[Page 2814]]
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
[[Page 2815]]
``(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 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
[[Page 2816]]
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
[[Page 2817]]
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
[[Page 2818]]
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.
[[Page 2819]]
``(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
[[Page 2820]]
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
[[Page 2821]]
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--
[[Page 2822]]
``(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
SEC. 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
[[Page 2823]]
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 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
[[Page 2824]]
``(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.
[[Page 2825]]
``(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
[[Page 2826]]
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
[[Page 2827]]
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 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
[[Page 2828]]
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--
[[Page 2829]]
``(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).
[[Page 2830]]
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.
Approved December 16, 2014.
LEGISLATIVE HISTORY--H.R. 83:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-483 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Sept. 15, considered and passed House.
Sept. 18, considered and passed Senate, amended.
Dec. 11, House concurred in Senate amendment with an
amendment.
Dec. 12, 13, Senate considered and concurred in House
amendment.