P.l. 113-235

PUBLIC LAW 113–235—DEC. 16, 2014

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CONSOLIDATED AND FURTHER CONTINUING
APPROPRIATIONS ACT, 2015

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128 STAT. 2130

PUBLIC LAW 113–235—DEC. 16, 2014

Public Law 113–235
113th Congress
An Act
Dec. 16, 2014
[H.R. 83]
Consolidated
and Further
Continuing
Appropriations
Act, 2015.

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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1. Short title.
2. Table of contents.
3. References.
4. Explanatory statement.
5. Statement of appropriations.
6. Availability of funds.
7. Technical allowance for estimating differences.
8. Adjustments to compensation.
9. Study of electric rates in the insular areas.
10. Amendments to the Consolidated Natural Resources Act.
11. Payments in lieu of taxes.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015
Title
Title
Title
Title
Title
Title
Title
Title

I—Agricultural Programs
II—Conservation Programs
III—Rural Development Programs
IV—Domestic Food Programs
V—Foreign Assistance and Related Programs
VI—Related Agency and Food and Drug Administration
VII—General Provisions
VIII—Ebola Response and Preparedness

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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

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PUBLIC LAW 113–235—DEC. 16, 2014
Title
Title
Title
Title
Title

128 STAT. 2131

VI—Other Department of Defense Programs
VII—Related Agencies
VIII—General Provisions
IX—Overseas Contingency Operations
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

Title
Title
Title
Title
Title
Title
Title
Title

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2015
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-Wide
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

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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

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128 STAT. 2132

PUBLIC LAW 113–235—DEC. 16, 2014

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
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.

Sec. 106.
Sec. 107.
Sec. 108.
Sec. 109.
Sec. 110.
Sec. 111.

Subtitle A—Amendments to Pension Protection Act of 2006
Repeal of sunset of PPA funding rules.
Election to be in critical status.
Clarification of rule for emergence from critical status.
Endangered status not applicable if no additional action is required.
Correct endangered status funding improvement plan target funded percentage.
Conforming endangered status and critical status rules during funding
improvement and rehabilitation plan adoption periods.
Corrective plan schedules when parties fail to adopt in bargaining.
Repeal of reorganization rules for multiemployer plans.
Disregard of certain contribution increases for withdrawal liability purposes.
Guarantee for pre-retirement survivor annuities under multiemployer
pension plans.
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.
1 USC 1 note.

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

2 USC 4501 note.

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.

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SEC. 9. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.

48 USC 1492a.

(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

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128 STAT. 2134

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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48 USC 1806.

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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).

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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
OFFICE

OF THE

AND

Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2015.

MARKETING

SECRETARY

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(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

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128 STAT. 2136

PUBLIC LAW 113–235—DEC. 16, 2014

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
For necessary
$24,070,000.

OF

expenses

CIVIL RIGHTS
of

the

AGRICULTURE BUILDINGS

Office

AND

of

Civil

Rights,

FACILITIES

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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,
ECONOMICS

AND

For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $898,000.

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ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$85,373,000.

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128 STAT. 2138

PUBLIC LAW 113–235—DEC. 16, 2014
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

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7 USC 2254.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 Hawaiianserving 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

$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
REGULATORY PROGRAMS

AND

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

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(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

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128 STAT. 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

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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).

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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OFFICE

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

For necessary expenses of the Office of the Under Secretary
for Food Safety, $816,000.

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FOOD SAFETY

AND INSPECTION

128 STAT. 2143

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
AGRICULTURAL SERVICES

AND

FOREIGN

For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $898,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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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.

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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.

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128 STAT. 2146

PUBLIC LAW 113–235—DEC. 16, 2014
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
ENVIRONMENT

AND

For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $898,000.
NATURAL RESOURCES CONSERVATION SERVICE

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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,

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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 selfhelp 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’’.

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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

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128 STAT. 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.

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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-

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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

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(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

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128 STAT. 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

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(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’’.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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(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

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128 STAT. 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

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(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,

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$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,
CONSUMER SERVICES

AND

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

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(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

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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.

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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

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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

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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.

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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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

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(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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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)

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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).

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128 STAT. 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

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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 OpioidsEvaluation 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.

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128 STAT. 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.

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21 USC 471 note.

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7 USC 2250b.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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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

Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2015.
Department of
Commerce
Appropriations
Act, 2015.

TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.
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SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $37,000,000:

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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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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128 STAT. 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.

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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

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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.

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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

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128 STAT. 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.

15 USC 1513a
note.

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.

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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.

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128 STAT. 2180

PUBLIC LAW 113–235—DEC. 16, 2014
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

15 USC 1543.

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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)

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128 STAT. 2182

PUBLIC LAW 113–235—DEC. 16, 2014

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
Appropriations
Act, 2015.

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

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(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.

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128 STAT. 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.

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SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and
kindred laws, $162,246,000, to remain available until expended:

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128 STAT. 2184

PUBLIC LAW 113–235—DEC. 16, 2014

Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-ScottRodino 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.

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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

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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128 STAT. 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

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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.

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128 STAT. 2188

PUBLIC LAW 113–235—DEC. 16, 2014
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

42 USC 250a.

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.

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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

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128 STAT. 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

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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

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128 STAT. 2190

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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PUBLIC LAW 113–235—DEC. 16, 2014
OFFICE

OF

128 STAT. 2191

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.

42 USC 3732
note.

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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

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128 STAT. 2192

PUBLIC LAW 113–235—DEC. 16, 2014

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 decisionmaking, $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;

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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GENERAL PROVISIONS—DEPARTMENT

OF

128 STAT. 2197

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

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5 USC 3104 note.

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128 STAT. 2198

PUBLIC LAW 113–235—DEC. 16, 2014

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)

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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128 STAT. 2200

PUBLIC LAW 113–235—DEC. 16, 2014

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
Appropriations
Act, 2015.

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

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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;

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128 STAT. 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.

51 USC 20145
note.
51 USC 30103
note.

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

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(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

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128 STAT. 2204

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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.

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128 STAT. 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

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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’’.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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

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128 STAT. 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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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,

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128 STAT. 2210

PUBLIC LAW 113–235—DEC. 16, 2014

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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 moderateimpact 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

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128 STAT. 2212

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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.

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(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

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128 STAT. 2214

PUBLIC LAW 113–235—DEC. 16, 2014

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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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128 STAT. 2216

PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.’’.

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19 USC
prec. 2271 note.

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128 STAT. 2218
Travel
Promotion,
Enhancement,
and
Modernization
Act of 2014.
22 USC 2121
note.

PUBLIC LAW 113–235—DEC. 16, 2014

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’’.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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’’.

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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—

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128 STAT. 2220

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(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).
Revitalize
American
Manufacturing
and Innovation
Act of 2014.

TITLE
VII—REVITALIZE
AMERICAN
MANUFACTURING AND INNOVATION
ACT OF 2014

15 USC 271 note.

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Revitalize American Manufacturing and Innovation Act of 2014’’.

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15 USC 2785.

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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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:

15 USC 271 note.

‘‘SEC. 34. NETWORK FOR MANUFACTURING INNOVATION.

15 USC 278s.

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‘‘(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.

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128 STAT. 2222

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2224

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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).

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‘‘(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

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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.’’.

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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-

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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.’’.

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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:

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‘‘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;

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‘‘(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—

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‘‘(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;

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‘‘(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

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.

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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.

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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.

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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

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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

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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

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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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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.

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128 STAT. 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

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For the Department of Defense Acquisition Workforce Development Fund, $83,034,000.

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128 STAT. 2242

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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,

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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.
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PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and

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PUBLIC LAW 113–235—DEC. 16, 2014

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 contractorowned 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

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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,

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND

AND

DISABILITY

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.

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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.

10 USC 1584
note.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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10 USC 2306b
note.

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128 STAT. 2254

PUBLIC LAW 113–235—DEC. 16, 2014

(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 fulltime student is credited toward completion of a service commitment:

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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-Prote´ge´ Program may be transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Prote´ge´ 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.

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(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,

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128 STAT. 2256

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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.

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(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

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128 STAT. 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

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50 USC 3521
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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, DefenseWide’’, 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.

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128 STAT. 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-bycase 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—

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PUBLIC LAW 113–235—DEC. 16, 2014

(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.

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(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.

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10 USC 374 note.

50 USC 3506
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22 USC 2323.

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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 counterdrug 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-bycase 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—

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(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.

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(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

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(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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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-bycase 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.

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10 USC 2241
note.

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PUBLIC LAW 113–235—DEC. 16, 2014

(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 fulltime 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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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(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.

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128 STAT. 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.

10 USC 2484
note.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)

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10 USC 221 note.

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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(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—

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(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 30day 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.

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(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,

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50 USC 3103
note.

10 USC 127a
note.

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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(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.

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128 STAT. 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

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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)

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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

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128 STAT. 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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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, Guanta´namo 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,
Guanta´namo 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,
Guanta´namo 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, Guanta´namo 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 Guanta´namo 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.).

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128 STAT. 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.

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(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

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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).

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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by the National Marine Fisheries Service, be required to additionally meet sustainability certification criteria prescribed by thirdparty 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.

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MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
$332,166,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

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128 STAT. 2286

PUBLIC LAW 113–235—DEC. 16, 2014
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,
$24,990,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

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RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel,
$13,953,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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:

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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/

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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,

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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PROCUREMENT

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $140,905,000, to remain available until September 30, 2017:

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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.

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128 STAT. 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

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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.

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128 STAT. 2296

PUBLIC LAW 113–235—DEC. 16, 2014
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug 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.

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2298

PUBLIC LAW 113–235—DEC. 16, 2014

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 nonDepartment 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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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;

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128 STAT. 2300

PUBLIC LAW 113–235—DEC. 16, 2014

(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 caseby-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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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’’.

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128 STAT. 2303

DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2015

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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.

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128 STAT. 2306

PUBLIC LAW 113–235—DEC. 16, 2014
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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’’.

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16 USC 3301
note.

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128 STAT. 2308

PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
BUREAU

OF

128 STAT. 2309

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

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(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with

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128 STAT. 2310

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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:

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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’’.

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128 STAT. 2312

43 USC 620 note.

PUBLIC LAW 113–235—DEC. 16, 2014

SEC. 205. Title I of Public Law 108–361 (the Calfed BayDelta 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

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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
FUND

AND

DECOMMISSIONING

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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

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(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.

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128 STAT. 2318

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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DEFENSE URANIUM ENRICHMENT DECONTAMINATION
DECOMMISSIONING

AND

For an additional amount for atomic energy of defense environmental cleanup activities for Department of Energy contributions
for uranium enrichment decontamination and decommissioning

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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).

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128 STAT. 2320

PUBLIC LAW 113–235—DEC. 16, 2014
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).

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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

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128 STAT. 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

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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

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128 STAT. 2322
42 USC 7171
note.

PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2324

42 USC
2297h–10.

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50 USC 2523c.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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

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50 USC 2791b.

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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—

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
OFFICE OF INSPECTOR GENERAL

42 USC 2286l.

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

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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.

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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.

31 USC 1105
note.

TITLE V

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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.

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(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

Financial
Services and
General
Government
Appropriations
Act, 2015.
Department of
the Treasury
Appropriations
Act, 2015.

TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES

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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.

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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.

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128 STAT. 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.

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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;

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PUBLIC LAW 113–235—DEC. 16, 2014
(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.

12 USC 4713a
note.

INTERNAL REVENUE SERVICE

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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.

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128 STAT. 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.

26 USC 7801
note.

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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

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128 STAT. 2338

PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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(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

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128 STAT. 2340

PUBLIC LAW 113–235—DEC. 16, 2014

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).

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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
Appropriations
Act, 2015.

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.

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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,

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128 STAT. 2342

PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
NATIONAL SECURITY COUNCIL

AND

128 STAT. 2343

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

21 USC 1702
note.

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

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(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

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128 STAT. 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

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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’’.

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128 STAT. 2348

PUBLIC LAW 113–235—DEC. 16, 2014
TITLE III

Judiciary
Appropriations
Act, 2015.

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,
SERVICES

AND

OTHER JUDICIAL

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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

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 2351

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

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(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’’.

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28 USC 846.

18 USC 3155.

PUBLIC LAW 113–235—DEC. 16, 2014

(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
Appropriations
Act, 2015.

DISTRICT OF COLUMBIA
FEDERAL FUNDS

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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 inkind 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.

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128 STAT. 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.

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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.

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128 STAT. 2356

PUBLIC LAW 113–235—DEC. 16, 2014

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

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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’’.

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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,

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128 STAT. 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

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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:

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128 STAT. 2360

PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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;

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128 STAT. 2362

PUBLIC LAW 113–235—DEC. 16, 2014

(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

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(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; agencywide policy direction, management, and communications; the

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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 5year 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

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128 STAT. 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

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(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

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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

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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.

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OFFICE

OF

128 STAT. 2367

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

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(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

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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

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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.

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RECOVERY ACCOUNTABILITY

AND

128 STAT. 2369

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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).

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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.

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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128 STAT. 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

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(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.

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128 STAT. 2374

PUBLIC LAW 113–235—DEC. 16, 2014

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—

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2376

PUBLIC LAW 113–235—DEC. 16, 2014

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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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128 STAT. 2378

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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

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(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 policetype 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-ofliving 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

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31 USC 1343
note.

5 USC 3101 note.

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128 STAT. 2380

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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

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128 STAT. 2382

PUBLIC LAW 113–235—DEC. 16, 2014

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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 multiagency 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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;

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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

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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

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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 localitybased 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 higherlevel 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

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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.).

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128 STAT. 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,

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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.

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TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA

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(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—

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PUBLIC LAW 113–235—DEC. 16, 2014

(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

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128 STAT. 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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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’’.
Department of
the Interior,
Environment,
and Related
Agencies
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

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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

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128 STAT. 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)).
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RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant

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PUBLIC LAW 113–235—DEC. 16, 2014

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 BankheadJones 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

43 USC 1735
note.

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.

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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

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128 STAT. 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.
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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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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) onethird 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(RESCISSION)

16 USC
4601–10a note.

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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.

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128 STAT. 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)

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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.

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128 STAT. 2404

PUBLIC LAW 113–235—DEC. 16, 2014
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

43 USC 50 note.

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
BUREAU

OF

128 STAT. 2405

OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rightsof-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

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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

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128 STAT. 2406

PUBLIC LAW 113–235—DEC. 16, 2014

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

30 USC 1211
note.

30 USC 1257
note.

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

30 USC 1308b.

EDUCATION

OPERATION OF INDIAN PROGRAMS

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(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 Bureaufunded 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

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128 STAT. 2408

PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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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

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48 USC 1469b.

PUBLIC LAW 113–235—DEC. 16, 2014

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 nonFederal 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

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(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

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128 STAT. 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
$65,800,000.

expenses

OFFICE

of

the

OF INSPECTOR

Office

of

the

Solicitor,

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

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT

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(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

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128 STAT. 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

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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.

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128 STAT. 2416

PUBLIC LAW 113–235—DEC. 16, 2014
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)

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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

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128 STAT. 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 burnedover 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.

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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.

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128 STAT. 2418

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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:

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128 STAT. 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 5year 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.

16 USC 1336
note.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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,’’.

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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

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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’’.

25 USC 2000
note.

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.

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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)—

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PUBLIC LAW 113–235—DEC. 16, 2014
(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.

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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.

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128 STAT. 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.

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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.

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128 STAT. 2424

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 StatesMexico 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;

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128 STAT. 2426

PUBLIC LAW 113–235—DEC. 16, 2014
(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

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(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’’

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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.

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
WILDLAND FIRE MANAGEMENT

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(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

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128 STAT. 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

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(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

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16 USC 556i.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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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.

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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 SelfDetermination 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

5 USC app 8G
note.

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

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(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

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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
ARTS DEVELOPMENT

AND

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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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

NATIONAL ENDOWMENT

AND THE

FOR THE

HUMANITIES

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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128 STAT. 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.

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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.

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(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, selfgovernance compacts, or annual funding agreements.

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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.

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128 STAT. 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.

16 USC 1604
note.

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.

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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.

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128 STAT. 2446

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 414. Of the funds provided to the National Endowment
for the Arts—

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
ARTS INDEMNITY LIMITATIONS

20 USC 974.

SEC. 416. Section 5 of the
(20 U.S.C. 974) is amended—
(1) in subsection (b)—
(A) by striking
‘‘$15,000,000,000’’; and
(B) by striking
‘‘$7,500,000,000’’; and
(2) in subsection (c)—
(A) by striking
‘‘$1,800,000,000’’; and
(B) by striking
‘‘$1,000,000,000’’.

Arts and Artifacts Indemnity Act
‘‘$10,000,000,000’’

and

inserting

‘‘$5,000,000,000’’

and

inserting

‘‘$1,200,000,000’’

and

inserting

‘‘$750,000,000’’

and

inserting

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.

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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’’.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2015.
Department of
Labor
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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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(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

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(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.

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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 FederalState 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 WagnerPeyser 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

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract
Compliance Programs, $106,476,000.

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OFFICE

OF

128 STAT. 2457

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

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(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

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(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)

26 USC 9501
note.

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

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
MINE SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

30 USC 966 note.

30 USC 962.

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 firstaid 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

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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.

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128 STAT. 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.

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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;

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(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.

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(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.

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128 STAT. 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.

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(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

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128 STAT. 2464

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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128 STAT. 2465

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(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).

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PUBLIC LAW 113–235—DEC. 16, 2014

‘‘(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
Appropriations
Act, 2015.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

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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.

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128 STAT. 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.

42 USC 294a
note.

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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’’.

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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.

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CENTERS

FOR

DISEASE CONTROL

AND

128 STAT. 2469

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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128 STAT. 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 setaside 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

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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

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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.

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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.

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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

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128 STAT. 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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.
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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,

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$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’’.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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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.

42 USC 9921
note.

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.

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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.

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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 Departmentwide 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

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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

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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.

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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

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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.

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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,

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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.

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(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.

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(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

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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.

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(TRANSFER OF FUNDS)

SEC. 216. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards

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42 USC 3000–11.

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(‘‘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.

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(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

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42 USC 281,
287c–21 prec.,
287c–21.
42 USC 287c–21.
42 USC 287c–21.

42 USC 287c–21.

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42 USC 287c–21.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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128 STAT. 2492

42 USC 11225
note.

PUBLIC LAW 113–235—DEC. 16, 2014

(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
Appropriations
Act, 2015.

DEPARTMENT OF EDUCATION

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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:

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 McKinneyVento 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.

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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

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128 STAT. 2496

PUBLIC LAW 113–235—DEC. 16, 2014

research regarding the planning, design, financing, construction,
improvement, operation, and maintenance of safe, healthy, highperformance 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

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128 STAT. 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 forprofit 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.
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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

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128 STAT. 2498

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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20 USC 1411
note.

20 USC 1411
note.

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128 STAT. 2500

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
CAREER, TECHNICAL,

AND

128 STAT. 2501

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.

20 USC 1070a
note.

STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D
title I, and subparts 1, 3, 9, and 10 of part A, and parts
C, D, and E of title IV of the HEA, and subpart 1 of part
of title VII of the Public Health Service Act, $1,396,924,000,
remain available through September 30, 2016.

of
B,
A
to

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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

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128 STAT. 2502

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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(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

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128 STAT. 2504

48 USC 1921d
note.

20 USC 1090
note.

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20 USC 1091.

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2506

20 USC 1091
note.

20 USC 1070a.

PUBLIC LAW 113–235—DEC. 16, 2014

‘‘(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
SEVERELY DISABLED

OR

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

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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

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128 STAT. 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.
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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
ADMINISTRATIVE PROVISIONS

42 USC 12571
note.

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.

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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

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128 STAT. 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 LaborManagement 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
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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission, $11,639,000.

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128 STAT. 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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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128 STAT. 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
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(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances

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128 STAT. 2514

PUBLIC LAW 113–235—DEC. 16, 2014

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 executivelegislative 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—

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 lifeendangering 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)).

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128 STAT. 2516

PUBLIC LAW 113–235—DEC. 16, 2014

(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 executivecongressional 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;

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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,

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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)

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31 USC 1502
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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,

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128 STAT. 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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

(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

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(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.

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NATIONAL INSTITUTES

OF

128 STAT. 2521

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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)

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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’’.

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128 STAT. 2523

DIVISION H—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2015

Legislative
Branch
Appropriations
Act, 2015.
2 USC 60a note.

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
LEADERS

AND

MINORITY

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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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
$69,000,000.

of

the

Sergeant

at

Arms

and

Doorkeeper,

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

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INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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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’’.

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PUBLIC LAW 113–235—DEC. 16, 2014
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
MEMBERS, AND OFFICIAL MAIL

OF

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.

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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).

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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.

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128 STAT. 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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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).

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128 STAT. 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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
DOCUMENTS

OF

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.

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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

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128 STAT. 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

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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’’.

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44 USC
prec. 301 note.
44 USC
prec. 301 note.

44 USC 301 note.

44 USC
prec. 301,
302–304, 313.

PUBL235

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44 USC 302 note.

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(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

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(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

31 USC
prec. 791.

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‘‘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’).

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‘‘(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.
31 USC 792.

‘‘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.
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31 USC 793.

‘‘SEC. 793. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated such sums as may
be necessary to carry out this subchapter.’’.

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(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
‘‘791. Center for Audit Excellence.
‘‘792. Account.
‘‘793. Authorization of appropriations.’’

31 USC
prec. 701.

FOR AUDIT EXCELLENCE

(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.

31 USC 791 note.

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.
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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

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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.

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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

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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

Military
Construction and
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2015.

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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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(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.

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128 STAT. 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.
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MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,

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expansion, extension, and alteration, as authorized by law,
$16,412,000, to remain available until September 30, 2019.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS

AND

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.

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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

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128 STAT. 2548

PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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)

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10 USC 2821
note.

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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

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section or until transferred pursuant to subsection (i)(3) of such
section.

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(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’’,

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PUBLIC LAW 113–235—DEC. 16, 2014

$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.

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(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

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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

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128 STAT. 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 serviceconnected 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.
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MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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.

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128 STAT. 2557

INFORMATION TECHNOLOGY SYSTEMS

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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

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(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

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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.

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(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

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128 STAT. 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.

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(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

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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.

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(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.

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128 STAT. 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.

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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 DefenseDepartment 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.

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(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:

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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(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

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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.
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(INCLUDING TRANSFER OF FUNDS)

SEC. 239. Amounts made available for the Department of Veterans Affairs for fiscal year 2015, under the ‘‘Board of Veterans

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PUBLIC LAW 113–235—DEC. 16, 2014

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’’.

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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

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(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:

38 USC 117 note.

38 USC
prec. 101.

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‘‘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.

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PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(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).

31 USC 1105.

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

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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

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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, DefenseWide’’, $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.

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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

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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

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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.

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128 STAT. 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 firstclass 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, Guanta´namo
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,
Guanta´namo 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,
Guanta´namo 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, Guanta´namo 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, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2015.

DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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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

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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.

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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.

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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

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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

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22 USC 269a
note.

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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,

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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.

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CONSTRUCTION

For detailed plan preparation and construction of authorized
projects, $29,000,000, to remain available until expended, as authorized.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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22 USC 6206
note.

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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

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128 STAT. 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 EasternWestern 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.

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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 Nonprofit Organizations), including the restrictions on compensation
for personal services.

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PUBLIC LAW 113–235—DEC. 16, 2014
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
ABROAD

OF

AMERICA’S HERITAGE

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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
COMMISSION

ON

SECURITY

AND

COOPERATION

IN

128 STAT. 2583

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
REPUBLIC OF CHINA

ON THE

PEOPLE’S

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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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:

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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;

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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.

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128 STAT. 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

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
DEPARTMENT

OF

128 STAT. 2589

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

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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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,

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128 STAT. 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 InterAmerican 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

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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.

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128 STAT. 2592

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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128 STAT. 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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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 paidin 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.

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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.

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128 STAT. 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.

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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

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12 USC 635 note.

PUBLIC LAW 113–235—DEC. 16, 2014

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

12 USC 635a
note.

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.

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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

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128 STAT. 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.

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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

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128 STAT. 2600

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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,

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128 STAT. 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,

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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.

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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.

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128 STAT. 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.
´ TAT
COUPS D’E
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’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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128 STAT. 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.

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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

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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.

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128 STAT. 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.

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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;

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(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

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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.

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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

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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.

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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.

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128 STAT. 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.

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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

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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.

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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

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128 STAT. 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.

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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 ExportImport 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

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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

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22 USC 2362
note.

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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.

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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

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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
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.

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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, indepth 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

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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 debtfor-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-GOVERNASSISTANCE.—
(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

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(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 costreimbursable 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:

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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.

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(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.

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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.

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(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.

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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;

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(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.

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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.

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8 USC 1733; 22
USC 2799aa–1.

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(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

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128 STAT. 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’’.

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note.

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note.
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note.
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PUBLIC LAW 113–235—DEC. 16, 2014

(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

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128 STAT. 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 quasiFederal 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

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note.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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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 nonFederal 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.

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

(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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2634

PUBLIC LAW 113–235—DEC. 16, 2014
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2636

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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

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128 STAT. 2638

PUBLIC LAW 113–235—DEC. 16, 2014
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.—

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128 STAT. 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

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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.

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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 antiretroviral 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

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128 STAT. 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, Coˆte
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

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128 STAT. 2642

PUBLIC LAW 113–235—DEC. 16, 2014
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

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128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

22 USC 2151
note.

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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,

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128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014
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.—

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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(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 extralegal 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.

50 USC 1701
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50 USC 1701
note.

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

(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 nonTibetans 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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128 STAT. 2652

PUBLIC LAW 113–235—DEC. 16, 2014
(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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, AlQaeda, 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

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128 STAT. 2654

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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PUBLIC LAW 113–235—DEC. 16, 2014
(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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 familylike 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

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128 STAT. 2658

PUBLIC LAW 113–235—DEC. 16, 2014

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).

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128 STAT. 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.

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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

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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.

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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

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128 STAT. 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,

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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.

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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

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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.

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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 nonFederal 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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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(INCLUDING TRANSFER OF FUNDS)

22 USC 3948
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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

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128 STAT. 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

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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.

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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—

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(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.

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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

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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 genderbased 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.

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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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
(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

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128 STAT. 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

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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.

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22 USC 7909
note.

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(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 subSaharan 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.

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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

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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.

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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.

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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.

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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, Antiterrorism, 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

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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.

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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—

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(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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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

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(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.

22 USC 2194
note.

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.

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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

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128 STAT. 2680

PUBLIC LAW 113–235—DEC. 16, 2014

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 TransSahara 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

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128 STAT. 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.

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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

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128 STAT. 2682

PUBLIC LAW 113–235—DEC. 16, 2014

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

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22 USC 2152i.

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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—

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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:
22 USC 285ff.

‘‘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.

22 USC 284z.

‘‘(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.

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22 USC 284aa.

‘‘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:

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128 STAT. 2685

‘‘SEC. 223. THIRTEENTH REPLENISHMENT.

22 USC 290g–22.

‘‘(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.

22 USC 290g–23.

‘‘(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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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.’’.

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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;

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128 STAT. 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 coalfired 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

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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128 STAT. 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.

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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.

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128 STAT. 2690

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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128 STAT. 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.

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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

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128 STAT. 2692

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$5,626,000, to remain available until expended, for oversight of

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128 STAT. 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

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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

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128 STAT. 2694

PUBLIC LAW 113–235—DEC. 16, 2014

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS

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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

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128 STAT. 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.

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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’’.

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128 STAT. 2696
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2015.
Department of
Transportation
Appropriations
Act, 2015.

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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RESEARCH AND TECHNOLOGY

49 USC 112 note.

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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

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128 STAT. 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.

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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.

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128 STAT. 2698

PUBLIC LAW 113–235—DEC. 16, 2014
FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering 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.

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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.

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128 STAT. 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.

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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.

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128 STAT. 2700

PUBLIC LAW 113–235—DEC. 16, 2014

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)

49 USC 44506
note.

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49 USC 44502
note.

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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

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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

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(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

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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)

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(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

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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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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’’.

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128 STAT. 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.

23 USC 104 note.

(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid 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.

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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 Federalaid Highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and

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128 STAT. 2706

PUBLIC LAW 113–235—DEC. 16, 2014
(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.

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128 STAT. 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

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23 USC 313 note.

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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.

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128 STAT. 2710

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(l) OPERATION

OF

VEHICLES

ON

CERTAIN KENTUCKY HIGH-

WAYS.—

‘‘(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)

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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)

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128 STAT. 2712

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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 Outof-Service rate.

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128 STAT. 2714

PUBLIC LAW 113–235—DEC. 16, 2014
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)

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(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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128 STAT. 2716

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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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.

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128 STAT. 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 Amtrakserved 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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)

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(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,

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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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

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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

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49 USC 5309
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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

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128 STAT. 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 TransportationFederal 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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’’.

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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

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128 STAT. 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)

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(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.

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128 STAT. 2724

PUBLIC LAW 113–235—DEC. 16, 2014
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

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49 USC 354 note.

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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.

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128 STAT. 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 dollarfor-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.

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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

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128 STAT. 2726

PUBLIC LAW 113–235—DEC. 16, 2014

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

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128 STAT. 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
Appropriations
Act, 2015.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT

AND

ADMINISTRATION

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $68,000,000.

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128 STAT. 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

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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

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128 STAT. 2730

PUBLIC LAW 113–235—DEC. 16, 2014
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2732

PUBLIC LAW 113–235—DEC. 16, 2014
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

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128 STAT. 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

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(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:

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PUBLIC LAW 113–235—DEC. 16, 2014

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 projectbased 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.

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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

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128 STAT. 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.

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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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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.

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FAMILY SELF-SUFFICIENCY

For the Family Self-Sufficiency program to support family selfsufficiency 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

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128 STAT. 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 SelfSufficiency 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 selfsufficiency.

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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 singlerace census data and with the need component based on multirace 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,

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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

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128 STAT. 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

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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-

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PUBLIC LAW 113–235—DEC. 16, 2014

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 performancebased 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.

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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

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128 STAT. 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.

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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 Stateaided, 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.

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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.

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128 STAT. 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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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

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128 STAT. 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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014
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
DEVELOPMENT

AND

URBAN

(INCLUDING TRANSFER OF FUNDS)

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(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

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128 STAT. 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

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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

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128 STAT. 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;

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PUBLIC LAW 113–235—DEC. 16, 2014

(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 lowincome 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 projectbased 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,

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128 STAT. 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 nonentitlement 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

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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

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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;

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(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

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(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,

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128 STAT. 2758

PUBLIC LAW 113–235—DEC. 16, 2014

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—

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‘‘(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’’.

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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.

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128 STAT. 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

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

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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 nonFederal 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.

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PUBLIC LAW 113–235—DEC. 16, 2014
UNITED STATES INTERAGENCY COUNCIL

ON

128 STAT. 2763

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

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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

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128 STAT. 2764

PUBLIC LAW 113–235—DEC. 16, 2014

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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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, waterrelated 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

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128 STAT. 2766

PUBLIC LAW 113–235—DEC. 16, 2014

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.

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(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’’.

Expatriate
Health Coverage
Clarification
Act of 2014.
42 USC 18001
note.

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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;

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PUBLIC LAW 113–235—DEC. 16, 2014
(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.

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42 USC 18014.

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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2770

PUBLIC LAW 113–235—DEC. 16, 2014
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

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PUBLIC LAW 113–235—DEC. 16, 2014

(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

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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).

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128 STAT. 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.

52 USC 30116
note.

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.

26 USC 833.

26 USC 833 note.

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
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SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘Multiemployer Pension
Reform Act of 2014’’.

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Multiemployer
Pension Reform
Act of 2014.
29 USC 1001
note.

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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
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.

Sec. 106.
Sec. 107.
Sec. 108.
Sec. 109.
Sec. 110.
Sec. 111.

Subtitle A—Amendments to Pension Protection Act of 2006
Repeal of sunset of PPA funding rules.
Election to be in critical status.
Clarification of rule for emergence from critical status.
Endangered status not applicable if no additional action is required.
Correct endangered status funding improvement plan target funded percentage.
Conforming endangered status and critical status rules during funding
improvement and rehabilitation plan adoption periods.
Corrective plan schedules when parties fail to adopt in bargaining.
Repeal of reorganization rules for multiemployer plans.
Disregard of certain contribution increases for withdrawal liability purposes.
Guarantee for pre-retirement survivor annuities under multiemployer
pension plans.
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.

26 USC 431.

(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).

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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:

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128 STAT. 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

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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—

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26 USC 432.

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128 STAT. 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.

26 USC 432.

26 USC 432 note.

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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

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26 USC 432.

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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

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128 STAT. 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.

26 USC 432 note.

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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.’’.

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128 STAT. 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),’’.

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26 USC 432.

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(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2014.

26 USC 432 note.

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.

26 USC 432.

26 USC 432 note.

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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—

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26 USC 432.

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‘‘(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.’’.

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(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2014.

26 USC 432 note.

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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:

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128 STAT. 2784

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(C) IMPOSITION OF SCHEDULE WHERE FAILURE
ADOPT REHABILITATION PLAN.—
‘‘(i) INITIAL CONTRIBUTION SCHEDULE.—If—

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26 USC 432.

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TO

‘‘(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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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26 USC 432 note.

PUBLIC LAW 113–235—DEC. 16, 2014

‘‘(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.

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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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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),’’;

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29 USC
prec. 1421.

26 USC 418,
418A–418D.

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128 STAT. 2788

PUBLIC LAW 113–235—DEC. 16, 2014

(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.—

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.

26 USC 431.

26 USC
prec. 418.

26 USC
prec. 401.
26 USC 418 note.

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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).

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128 STAT. 2790

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(3) CONTRIBUTION INCREASES REQUIRED BY FUNDING
IMPROVEMENT OR REHABILITATION PLAN.—
‘‘(A) IN GENERAL.—Any increase in the contribution

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26 USC 432.

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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—’’;

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2792

26 USC 432 note.

PUBLIC LAW 113–235—DEC. 16, 2014

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.

29 USC 1322a
note.

(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.

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SEC.

111.

REQUIRED DISCLOSURE
INFORMATION.

OF

MULTIEMPLOYER

PLAN

(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,

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128 STAT. 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.’’.

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128 STAT. 2794
29 USC 1021
note.

PUBLIC LAW 113–235—DEC. 16, 2014

(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

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SEC. 121. MERGERS.

29 USC 1411
note.

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(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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:

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‘‘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

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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

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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

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128 STAT. 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 noninterestbearing 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

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PUBLIC LAW 113–235—DEC. 16, 2014

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

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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.

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128 STAT. 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

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PUBLIC LAW 113–235—DEC. 16, 2014
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.

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‘‘(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

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PUBLIC LAW 113–235—DEC. 16, 2014
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

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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

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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

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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

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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

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128 STAT. 2806

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2808

PUBLIC LAW 113–235—DEC. 16, 2014
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.—

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128 STAT. 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

29 USC 1085
note.

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26 USC 432.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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.—

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128 STAT. 2812

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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,

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128 STAT. 2814

PUBLIC LAW 113–235—DEC. 16, 2014
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

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128 STAT. 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

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128 STAT. 2816

PUBLIC LAW 113–235—DEC. 16, 2014
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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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

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128 STAT. 2818

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2820

PUBLIC LAW 113–235—DEC. 16, 2014
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.
IMPORTANT
PLAN
‘‘(III)
SYSTEMICALLY
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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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—

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128 STAT. 2822

26 USC 432 note.

26 USC 432 note.

PUBLIC LAW 113–235—DEC. 16, 2014

‘‘(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

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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

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PUBLIC LAW 113–235—DEC. 16, 2014

128 STAT. 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

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128 STAT. 2824

PUBLIC LAW 113–235—DEC. 16, 2014
‘‘(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.

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128 STAT. 2825

‘‘(C) PERMITTED

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WHEN

PLAN

CESSATION OF ANNUAL INSTALLMENTS
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-planyear 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

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128 STAT. 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

29 USC 1362
note.

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128 STAT. 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.

29 USC 1362
note.

SEC. 2. CLARIFICATION OF THE NORMAL RETIREMENT AGE.

(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECUACT 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

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RITY

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26 USC 411.

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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—

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‘‘(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.

26 USC 411 note.

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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).

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26 USC 414 note.

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128 STAT. 2830

PUBLIC LAW 113–235—DEC. 16, 2014
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.

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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.

Æ

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