Library / Laws / 113th / hr / H.R. 4486 / Reported in Senate
II
Calendar No. 400
113th CONGRESS
2d Session
H. R. 4486
[Report No. 113–174]
IN THE SENATE OF THE UNITED STATES
May 1, 2014Received; read twice and referred to the Committee on Appropriations
May 22, 2014Reported by Mr. Johnson of South Dakota, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
AN ACT
Making appropriations for military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2015, and for other
purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2015, and for other purposes, namely:
I
Department of defense
Military construction, army
For acquisition, construction, installation, and equipment of temporary or permanent public works,
military installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the purposes of this
appropriation, and for construction and operation of facilities in support
of the functions of the Commander in Chief, $526,427,000, 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, $998,772,000, to remain available
until September 30, 2019: Provided, That of this amount, not to exceed $33,366,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military construction, air force
For acquisition, construction, installation, and equipment of temporary or permanent public works,
military installations, facilities, and real property for the Air Force as
currently authorized by law, $719,551,000, to remain available until
September 30, 2019: Provided, That of this amount, not to exceed $10,738,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor: Provided further, That none of the funds provided under this heading for military construction in Europe as
identified in the table entitled Military Construction in the accompanying report may be obligated or expended until the Department of Defense completes
a European Consolidation Study.
Military construction, defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of temporary or permanent public works,
installations, facilities, and real property for activities and agencies
of the Department of Defense (other than the military departments), as
currently authorized by law, $2,021,690,000 (reduced by $20,000,000)
(increased by $20,000,000), 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 $122,240,000 (increased by $20,000,000) 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 none of the funds provided under this heading for military construction in Europe as
identified in the table entitled Military Construction in the accompanying report may be obligated or expended until the Department of Defense completes
a European Consolidation Study: 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.
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, $126,920,000, 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, $94,663,000, to
remain available until September 30, 2019: Provided, That of the amount appropriated, not to exceed $7,700,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military construction, army reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $103,946,000, to
remain available until September 30, 2019: Provided, That of the amount appropriated, not to exceed $8,337,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Chief of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor.
Military construction, navy reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $51,528,000, to
remain available until September 30, 2019: Provided, That of the amount appropriated, not to exceed $2,123,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor.
Military construction, air force reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $49,492,000, to
remain available until September 30, 2019: Provided, That of the amount appropriated, not to exceed $6,892,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Chief of the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
North atlantic treaty organization
security investment program
For the United States share of the cost of the North Atlantic Treaty Organization Security
Investment Program for the acquisition and construction of military
facilities and installations (including international military
headquarters) and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $199,700,000, to
remain available until expended.
Family housing construction, army
For expenses of family housing for the Army for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$78,609,000, to remain available until September 30, 2019.
Family housing operation and maintenance, army
For expenses of family housing for the Army for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $350,976,000.
Family housing construction, navy and marine corps
For expenses of family housing for the Navy and Marine Corps for construction, including
acquisition, replacement, addition, expansion, extension, and alteration,
as authorized by law, $16,412,000, to remain available until September 30,
2019.
Family housing operation and maintenance, navy and marine corps
For expenses of family housing for the Navy and Marine Corps for operation and maintenance,
including debt payment, leasing, minor construction, principal and
interest charges, and insurance premiums, as authorized by law,
$354,029,000.
Family housing operation and maintenance, air force
For expenses of family housing for the Air Force for operation and maintenance, including debt
payment, leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $327,747,000.
Family housing operation and maintenance, defense-Wide
For expenses of family housing for the activities and agencies of the Department of Defense (other
than the military departments) for operation and maintenance, leasing, and
minor construction, as authorized by law, $61,100,000.
Department of defense family housing improvement fund
For the Department of Defense Family Housing Improvement Fund, $1,662,000, to remain available
until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military
family housing and supporting facilities.
Chemical demilitarization construction, defense-Wide
For expenses of construction, not otherwise provided for, necessary for the destruction of the
United States stockpile of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon
stockpile, as currently authorized by law, $38,715,000, to remain
available until September 30, 2019, which shall be only for the Assembled
Chemical Weapons Alternatives program.
Department of defense base closure account
For deposit into the Department of Defense Base Closure Account, established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), as amended by section 2711 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), $270,085,000, to remain available until expended.
Administrative provisions
101. None of the funds made available in this title shall be expended for payments under a
cost-plus-a-fixed-fee contract for construction, where cost estimates
exceed $25,000, to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
102. Funds made available in this title for construction shall be available for hire of passenger motor
vehicles.
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.
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.
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.
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.
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.
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.
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.
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.
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 Sea, unless such contracts
are awarded to United States firms or United States firms in joint venture
with host nation firms.
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 within the United States Central Command Area of Responsibility,
may be used to award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by greater than 20
percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is submitted by a
Marshallese contractor.
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.
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.
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.
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.
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)
118. In addition to any other transfer authority available to the Department of Defense, proceeds
deposited to the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established
by section 2906(a)(1) of the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note), to be merged with, and to be available for the same purposes and the same time period as
that account.
(including transfer of funds)
119. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress,
such additional amounts as may be determined by the Secretary of Defense
may be transferred to: (1) the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund; or (2) the Department
of Defense Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined
in section 502(5) of the Congressional Budget Act of 1974, of direct loans
or loan guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting
facilities.
(including transfer of funds)
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.
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 $15,000 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.
122. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
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.
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.
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.
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.
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.
128. For an additional amount for Military Construction, Army , Military Construction, Army National Guard, and Military Construction, Army Reserve, $245,000,000, 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 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.
(including rescission of funds)
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), $79,577,000 are hereby rescinded.
(including rescission of funds)
130. 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.
(including rescission of funds)
131. 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),
$100,000,000 are hereby rescinded.
132. For the purposes of this Act, the term congressional defense committees means the Committees on Armed Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
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, $78,687,709,000, to remain available until expended: Provided, That not to exceed $15,430,000 of the amount appropriated under this heading shall be reimbursed
to General Operating Expenses, Veterans Benefits Administration and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38,
United States Code, the funding source for which is specifically provided
as the Compensation and Pensions appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to
pensioners as authorized.
Readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as
authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and
61 of title 38, United States Code, $14,761,862,000, to remain available
until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
Veterans insurance and indemnities
For military and naval insurance, national service life insurance, servicemen's indemnities,
service-disabled veterans insurance, and veterans mortgage life insurance
as authorized by chapters 19 and 21, title 38, United States Code,
$63,257,000, to remain available until expended.
Veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the
program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That during fiscal year 2015, within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted housing
loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs,
$160,881,000.
Vocational rehabilitation loans program account
For the cost of direct loans, $10,000, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,877,000. In addition, for administrative expenses necessary to carry out the direct loan program, $361,000,
which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration.
Native american veteran housing loan program account
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,130,000.
Veterans health administration
Medical services
For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and
treatment to beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the
jurisdiction of the Department, and including medical supplies and
equipment, bioengineering services, food services, and salaries and
expenses of healthcare employees hired under title 38, United States Code,
aid to State homes as authorized by section 1741 of title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code, $47,603,202,000, plus reimbursements, shall become available on
October 1, 2015, and shall remain available until September 30, 2016: Provided, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have special
needs: Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give
priority funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs.
Medical support and compliance
For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary,
construction, supply, and research activities, as authorized by law;
administrative expenses in support of capital policy activities; and
administrative and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $6,144,000,000, plus reimbursements, shall become available on October 1, 2015, and shall remain
available until September 30, 2016.
Medical facilities
For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary
facilities, and other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of planning,
design, project management, real property acquisition and disposition,
construction, and renovation of any facility under the jurisdiction or for
the use of the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services,
$4,915,000,000, plus reimbursements, shall become available on October 1,
2015, and shall remain available until September 30, 2016.
Medical and prosthetic research
For necessary expenses in carrying out programs of medical and prosthetic research and development
as authorized by chapter 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
(reduced by $1,000,000) (reduced by $10,500,000), of which not to exceed
$16,080,000 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, $94,294,000, of which not to
exceed $9,429,000 shall remain available until September 30, 2016.
General operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided
for, including hire of passenger motor vehicles, reimbursement of the
General Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of overseas
employee mail, $2,514,254,000 (increased by $10,000,000) (reduced by
$5,000,000) (increased by $5,000,000): 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 $125,000,000 shall remain
available until September 30, 2016.
Information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and telecommunications support, including
developmental information systems and operational information systems; for
pay and associated costs; and for the capital asset acquisition of
information technology systems, including management and related
contractual costs of said acquisitions, including contractual costs
associated with operations authorized by section 3109 of title 5, United States Code, $3,870,552,000, plus reimbursements: Provided, That $1,039,000,000 shall be for pay and associated costs, of which not to exceed $31,170,000
shall remain available until September 30, 2016: Provided further, That $2,283,217,000 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 VistA
Evolution project development and any corrective actions taken where the
plan established in 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
may have fallen short; (2) any changes to the scope of the VistA Evolution
program as established in the Plan; (3) actual program costs incurred and
any refinements to the cost estimate presented in the Plan based on actual
costs incurred; (4) progress in meeting the schedule milestones that have
been established in the Plan; (5) program performance relative to the
performance measures that have been identified in the Plan and the
Roadmap; (6) plans for testing the VistA system and test results; (7)
VistA Evolution program risks and issues that have been identified and any
agency responses to such risks and issues; (8) 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, and performance benchmarks of the interoperable
record; and (9) progress toward developing and implementing the
interoperable electronic health record throughout the two Departments’
medical facilities: 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 report accompanying this 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.), $121,411,000 (increased by $1,000,000), of which $10,000,000 shall
remain available until September 30, 2016.
Construction, major projects
For constructing, altering, extending, and improving any of the facilities, including parking
projects, under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and
engineering services, construction management services, maintenance or
guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition, where
the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous
major project appropriation, $561,800,000, of which $527,800,000 shall
remain available until September 30, 2019, and of which $34,000,000 shall
remain available until expended: Provided, That except for advance planning activities, including needs assessments which may or may not
lead to capital investments, and other capital asset management related
activities, including portfolio development and management activities, and
investment strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident engineers
who oversee those capital investments funded through this account, and
funds provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none of the funds
made available under this heading shall be used for any project which has
not been approved by the Congress in the budgetary process: Provided further, That funds made available under this heading for fiscal year 2015, for each approved project
shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2015; and (2) by the awarding of a construction
contract by September 30, 2016: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations
of both Houses of Congress a written report on any approved major
construction project 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,
$80,000,000, 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, $45,000,000, to remain available until expended.
Administrative provisions
(including transfer of funds)
201. Any appropriation for fiscal year 2015 for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
202. Amounts made available for the Department of Veterans Affairs for fiscal year 2015, in this Act 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.
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.
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.
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.
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.
207. Appropriations available in this title shall be available to pay prior year obligations of
corresponding prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code, except that if
such obligations are from trust fund accounts they shall be payable only
from Compensation and Pensions.
(including transfer of funds)
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.
209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the proceeds
are received.
(including transfer of funds)
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.
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.
212. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home
care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may require,
current, accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does not
make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
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.
214. Amounts made available under Medical Services are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
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.
216. The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with the
Indian Health Service, and Indian tribes and tribal organizations serving
rural Alaska which have entered into contracts with the Indian Health
Service under the Indian Self Determination and Educational Assistance
Act, to provide healthcare, including behavioral health and dental care.
The Secretary shall require participating veterans and facilities to
comply with all appropriate rules and regulations, as established by the
Secretary. The term rural Alaska shall mean those lands sited within the external boundaries of the Alaska Native regions specified
in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), and those lands within the Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of
the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
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.
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.
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)
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.
221. Of the amounts made available to the Department of Veterans Affairs for fiscal year 2015, in this
Act or any other Act, under the Medical Facilities account for nonrecurring maintenance, not more than 20 percent of the funds made available shall
be obligated during the last 2 months of that fiscal year: Provided, That the Secretary may waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
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 $252,366,000, 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)
223. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
(including transfer of funds)
224. Of the amounts available in this title for Medical Services, Medical Support and Compliance, and Medical Facilities, a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
225.
(a) Of the funds appropriated in title II of division J of Public Law 113–76, the following amounts which become available on October 1, 2014, are hereby rescinded from the
following accounts in the amounts specified:
(1) Department of Veterans Affairs, Medical Services, $1,400,000,000.
(2) Department of Veterans Affairs, Medical Support and Compliance, $100,000,000.
(3) Department of Veterans Affairs, Medical Facilities, $250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the
following accounts in the amounts specified to remain available until
September 30, 2016:
(1) Department of Veterans Affairs, Medical Services, $1,400,000,000.
(2) Department of Veterans Affairs, Medical Support and Compliance, $100,000,000.
(3) Department of Veterans Affairs, Medical Facilities, $250,000,000.
226. The Secretary of the Department 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.
227. 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.
228. The Secretary of the Department 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.
229. 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.
230. Of the funds provided to the Department of Veterans Affairs for fiscal year 2015 for Medical Services and Medical Support and Compliance, a maximum of $8,371,000 may be obligated from the Medical Services account and a maximum of $114,703,000 may be obligated from the Medical Support and Compliance account for the VistA Evolution and electronic health record interoperability projects: Provided, That funds in addition to these amounts may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written notification by the
Secretary of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress.
231. 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.
232. None of the funds made available by this Act may be used to award a contract to any contractor if
the past performance of the contractor resulted in the completion of a
construction project at a facility of the Department of Veterans Affairs
more than 24 months after the original agreed-upon completion date for the
project.
(including rescission of funds)
233. Of the unobligated balances available to the Department of Veterans Affairs from prior year
discretionary appropriations (other than appropriations designated by law
as being for an emergency requirement) $38,000,000 are hereby rescinded.
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, $75,000,000, to remain available
until expended.
Foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission,
such sums as may be necessary, to remain available until expended, for
purposes authorized by section 2109 of title 36, United States Code.
United states court of appeals for veterans claims
Salaries and expenses
For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims
as authorized by sections 7251 through 7298 of title 38, United States
Code, $31,386,000: Provided, That $2,500,000 shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures set
forth, under this heading in Public Law 102–229.
Department of defense—Civil
Cemeterial expenses, Army
Salaries and expenses
For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery
and Soldiers' and Airmen's Home National Cemetery, including the purchase
or lease of passenger motor vehicles for replacement on a one-for-one
basis only, and not to exceed $1,000 for official reception and
representation expenses, $61,881,000, of which not to exceed $7,000,000
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
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.
IV
General provisions
401. No part of any appropriation contained in this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
402. 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.
403. No part of any funds appropriated in this Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
404. 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.
405. 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.
406. 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.
407. 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.
408.
(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.
409.
(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.
410. None of the funds made available in this Act may be used by an agency of the executive branch to
pay for first-class travel by an employee of the agency in contravention
of sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
411.
(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, Guantánamo 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, Guantánamo 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, Guantánamo 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, Guantánamo Bay, Cuba.
412. 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.
413. None of the funds made available by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide
a loan or loan guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless the
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.
414. None of the funds made available by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide
a loan or loan guarantee to, any corporation that has any unpaid Federal
tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless the 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.
415. 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.
spending reduction account
416. The amount by which the applicable allocation of new budget authority made by the Committee on
Appropriations of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of proposed new budget
authority is $0.
417. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to
pay a performance award under section 5384 of title 5, United States Code.
418. None of the funds made available by this Act may be used to maintain or improve Department of
Defense real property with a zero percent utilization rate according to
the Department’s real property inventory database, except in the case of
maintenance of an historic property as required by the National Historic
Preservation Act (16 U.S.C. 470 et seq.) or in the case of maintenance to prevent a negative environmental impact as required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
419. None of the funds made available by this Act may be used by the Secretary of Defense to close a
commissary store.
420. None of the funds made available by this Act may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
421. None of the funds made available by this Act may be used to create or maintain any patient
record-keeping system other than those currently approved by the
Department of Veterans Affairs Central Office in Washington, D.C.
422. None of the funds made available by this Act may be used to enter into a contract with any offeror
or any of its principals if the offeror certifies, as required by Federal
Acquisition Regulation, that the offeror or any of its principals—
(1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered
against it for: (A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; (B) violation of
Federal or State antitrust statutes relating to the submission of offers;
or (C) commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, tax evasion, violating
Federal criminal tax laws, or receiving stolen property;
(2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated above in paragraph (1);
or
(3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in
an amount that exceeds $3,000 for which the liability remains unsatisfied.
423. The amounts otherwise provided by this Act are revised by reducing the amount made available for Department of Veterans Affairs—Departmental Administration—General Administration, and increasing the amount made available for Department of Veterans Affairs Departmental Administration—Information Technology Systems, by $3,215,910.
424. None of the funds made available by this Act for benefits for homeless veterans and training and
outreach programs may be used by the Secretary of Veterans Affairs in
contravention of subchapter III of chapter 20 of title 38, United States Code.
425. None of the funds made available by this Act may be used for a contract that includes first-class
travel by the contractor.
426. 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.
427. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to
implement sole source contracting at the national level for the selection
of devices and test strips for the self-monitoring of blood glucose.
428. None of the funds made available by this Act may be used to prepare an environmental impact
statement in accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a health care facility of the Department of Veterans Affairs that is—
(1) designated as a National Historic Landmark by the National Park Service; and
(2) located in a highly rural area.
This Act may be cited as the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2015.
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related agencies for
the
fiscal year ending September 30, 2015, and for other purposes, namely:
I
Department of defense
Military construction, army
For acquisition, construction, installation, and equipment of temporary or permanent public works,
military installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the purposes of this
appropriation, and for construction and operation of facilities in support
of the functions of the Commander in Chief, $539,427,000, to remain
available
until September 30, 2019: Provided, That of this amount, not to exceed $18,127,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized by
law, unless the Secretary of the Army determines that additional
obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military construction, navy and marine corps
For acquisition, construction, installation, and equipment of temporary or permanent public works,
naval installations, facilities, and real property for the Navy and Marine
Corps as currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,018,772,000, to remain available
until
September 30, 2019: Provided, That of this amount, not to exceed $33,366,000 shall be available for study, planning, design,
and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are necessary
for
such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military construction, air force
For acquisition, construction, installation, and equipment of temporary or permanent public works,
military installations, facilities, and real property for the Air Force as
currently authorized by law, $811,774,000, to remain available until
September
30, 2019: Provided, That of this amount, not to exceed $10,738,000 shall be available for study, planning, design,
and
architect and engineer services, as authorized by law, unless the
Secretary of Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor: Provided further, That none of the funds provided under this heading for military construction in the United
Kingdom as identified in the table entitled Military Construction Project Listing by Location in the report accompanying this 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 the Senate and the House
of Representatives a comprehensive European basing strategy reflecting the
findings of the Consolidation Study, and (2) certifies in writing the
requirement identified in the study for any military construction
project in the United Kingdom funded in this section.
Military construction, defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of temporary or permanent public works,
installations, facilities, and real property for activities and agencies
of the Department of Defense (other than the military departments), as
currently authorized by law, $1,961,890,000, 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 $142,240,000 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.
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, $126,920,000, 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, $94,663,000, to remain
available
until September 30, 2019: Provided, That of the amount appropriated, not to exceed $7,700,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military construction, army reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $103,946,000, to remain available until September 30,
2019: Provided, That of the amount appropriated, not to exceed $8,337,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Chief of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor.
Military construction, navy reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $51,528,000, to remain
available until September 30, 2019: Provided, That of the amount appropriated, not to exceed $2,123,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons therefor.
Military construction, air force reserve
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the
training and administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $49,492,000, to remain available until September 30,
2019: Provided, That of the amount appropriated, not to exceed $6,892,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law, unless
the Chief of the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
North atlantic treaty organization
security investment program
For the United States share of the cost of the North Atlantic Treaty Organization Security
Investment Program for the acquisition and construction of military
facilities and installations (including international military
headquarters) and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of title 10,
United States Code, and Military Construction Authorization Acts,
$199,700,000,
to remain available until expended.
Family housing construction, army
For expenses of family housing for the Army for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$78,609,000, to remain available until September 30, 2019.
Family housing operation and maintenance, army
For expenses of family housing for the Army for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $350,976,000.
Family housing construction, navy and marine corps
For expenses of family housing for the Navy and Marine Corps for construction, including
acquisition, replacement, addition, expansion, extension, and alteration,
as authorized by law, $16,412,000, to remain available until September 30,
2019.
Family housing operation and maintenance, navy and marine corps
For expenses of family housing for the Navy and Marine Corps for operation and maintenance,
including debt payment, leasing, minor construction, principal and
interest charges, and insurance premiums, as authorized by law,
$354,029,000.
Family housing operation and maintenance, air force
For expenses of family housing for the Air Force for operation and maintenance, including debt
payment, leasing, minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $327,747,000.
Family housing operation and maintenance, defense-Wide
For expenses of family housing for the activities and agencies of the Department of Defense (other
than the military departments) for operation and maintenance, leasing, and
minor construction, as authorized by law, $61,100,000.
Department of defense family housing improvement fund
For the Department of Defense Family Housing Improvement Fund, $1,662,000, to remain available until expended, for family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting facilities.
Chemical demilitarization construction, defense-Wide
For expenses of construction, not otherwise provided for, necessary for the destruction of the
United States stockpile of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical
warfare materials that are not in the chemical weapon stockpile, as
currently authorized by law, $38,715,000, to remain available until
September
30, 2019, which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of defense base closure account
For deposit into the Department of Defense Base Closure Account 1990, 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), $380,085,000,
to
remain available until expended.
Administrative provisions
101. None of the funds made available in this title shall be expended for payments under a
cost-plus-a-fixed-fee contract for construction, where cost estimates
exceed $25,000, to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of Defense
setting forth the reasons therefor.
102. Funds made available in this title for construction shall be available for hire of passenger motor
vehicles.
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.
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.
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.
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.
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.
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.
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.
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.
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 Sea, unless such contracts
are awarded to United States firms or United States firms in joint venture
with host nation firms.
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 Sea, may be used to award any contract
estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and
responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by greater than 20
percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is submitted by a
Marshallese contractor.
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.
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.
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.
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.
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)
118. In addition to any other transfer authority available to the Department of Defense, proceeds
deposited to the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C)
of such Act, may be transferred to the account established by section
2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for the same
purposes and the same time period as that account.
(including transfer of funds)
119. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States Code,
to the Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of Defense may be
transferred to: (1) the Department of Defense Family Housing Improvement
Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund; or (2) the Department
of Defense Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined
in section 502(5) of the Congressional Budget Act of 1974, of direct loans
or loan guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving military
family housing, military unaccompanied housing, and supporting facilities.
(including transfer of funds)
120. In addition to any other transfer authority available to the Department of Defense, amounts may be
transferred from the accounts established by sections 2906(a)(1) and
2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), 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.
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.
122. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section
2814 of title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection (i)(3) of such
section.
123. None of the funds made available in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to carry out a military construction, land acquisition, or family
housing project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function that
has been approved for realignment to another installation, in 2005 under
the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a continuing
mission or function at that installation or a new mission or function that
is planned for that installation, or unless the Secretary of Defense
certifies that the cost to the United States of carrying out such project
would be less than the cost to the United States of cancelling such
project, or if the project is at an active component base that shall be
established as an enclave or in the case of projects having multi-agency
use, that another Government agency has indicated it will assume ownership
of the completed project. The Secretary of Defense may not transfer funds
made available as a result of this limitation from any military
construction project, land acquisition, or family housing project to
another account or use such funds for another purpose or project without
the prior approval of the Committees on Appropriations of both Houses of
Congress. This section shall not apply to military construction projects,
land acquisition, or family housing projects for which the project is
vital to the national security or the protection of health, safety, or
environmental quality: Provided, That the Secretary of Defense shall notify the congressional defense committees within 7 days of
a decision to carry out such a military construction project.
(including transfer of funds)
124. 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.
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.
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.
127. For an additional amount for Military Construction, Army, $60,000,000, to remain available until September 30, 2019, for construction of quality-of-life
projects included in the Army Fiscal Year 2015 unfunded priority list
submitted to Congress on April 1, 2014: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: 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 section.
128. For an additional amount for Military Construction, Army National Guard, $40,000,000, to remain available until September 30, 2019, for construction of projects included
in the Army National Guard Fiscal Year 2015 unfunded priority list
submitted to Congress on April 1, 2014: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: Provided further, That not later than 30 days after enactment of this Act, the Director of the Army National Guard
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
129. For an additional amount for Military Construction, Army Reserve, $50,000,000, to remain available until September 30, 2019, for construction of projects included
in the Army Reserve Fiscal Year 2015 unfunded priority list submitted to
Congress on April 1, 2014: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: Provided further, That not later than 30 days after enactment of this Act, the Chief of the Army Reserve shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
130. For an additional amount for Military Construction, Navy, $200,000,000, to remain available until September 30, 2019, for construction of quality-of-life
projects included in the Fiscal Year 2015 Opportunity, Growth and Security
Initiative budget request: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: Provided further, That not later than 30 days after enactment of this Act, the Secretary of the Navy shall submit
to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
131. For an additional amount for Military Construction, Air Force, $100,000,000, to remain available until September 30, 2019, for construction of quality-of-life
projects included in the Fiscal Year 2015 Opportunity, Growth and Security
Initiative budget request: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: Provided further, That not later than 30 days after enactment of this Act, the Secretary of the Air Force shall
submit to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
132. For an additional amount for Military Construction, Air Force Reserve, $15,000,000, to remain available until September 30, 2019, for construction of quality-of-life
projects included in the Fiscal Year 2015 Opportunity, Growth and Security
Initiative budget request: Provided, That such funding is subject to authorization prior to obligation and expenditure of funds to
carry out planning and design and construction: Provided further, That not later than 30 days after enactment of this Act, the Chief of the Air Force Reserve
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
(INCLUDING RESCISSION OF FUNDS)
133. Of the unobligated balances available from prior Appropriations Acts (other than appropriations
that were designated by the Congress as an emergency requirement or as
being for Overseas Contingency Operations/Global War on Terrorism pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985) the following
funds are hereby rescinded from the following accounts and programs in the
specified amounts: Military Construction, Army, $148,447,000;Military Construction, Navy and Marine Corps, $100,000,000;Military Construction, Air Force, $65,000,000;Military Construction, Defense-Wide, $50,000,000;Family Housing Construction, Army, $35,000,000; andNATO Security Investment Program, $25,000,000.
(INCLUDING RESCISSION OF FUNDS)
134. Of the unobligated balances made available in prior appropriations Acts for the fund established in
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374), $50,000,000 are hereby
rescinded.
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, $78,687,709,000, to remain available until expended: Provided, That not to exceed $15,430,000 of the amount appropriated under this heading shall be reimbursed
to General Operating Expenses, Veterans Benefits Administration, and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38,
United States Code, the funding source for which is specifically provided
as the Compensation and Pensions appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to
pensioners as authorized.
Readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as
authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and
61 of title 38, United States Code, $14,761,862,000, to remain available
until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11) of
that subsection, shall be charged to this account.
Veterans insurance and indemnities
For military and naval insurance, national service life insurance, servicemen's indemnities,
service-disabled veterans insurance, and veterans mortgage life insurance
as authorized by chapters 19 and 21, title 38, United States Code,
$63,257,000,
to remain available until expended.
Veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the
program, as authorized by subchapters I through III of chapter 37 of title
38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That during fiscal year 2015, within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted housing
loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs,
$160,881,000.
Vocational rehabilitation loans program account
For the cost of direct loans, $10,000, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,877,000. In addition, for administrative expenses necessary to carry out the direct loan program, $361,000,
which may be paid to the appropriation for General operating expenses, Veterans Benefits Administration.
Native american veteran housing loan program account
For administrative expenses to carry out the direct loan program authorized by subchapter V of
chapter 37 of title 38, United States Code, $1,130,000.
Veterans health administration
Medical services
For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and
treatment to beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United States Code,
including care and treatment in facilities not under the jurisdiction of
the Department, and including medical supplies and equipment,
bioengineering services, food services, and salaries and expenses of
healthcare employees hired under title 38, United States Code, aid to
State homes as authorized by section 1741 of title 38, United States Code,
assistance and support services for caregivers as authorized by section
1720G of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health Services Act of
2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), and
hospital care and medical services authorized by section 1787 of title 38,
United States Code; $100,000,000, which shall be in addition to funds
previously
appropriated under this heading that become available on October 1, 2014;
and, in addition, $47,603,202,000, plus reimbursements, shall become
available on
October 1, 2015, and shall remain available until September 30, 2016: Provided, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have special
needs: Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give
priority funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs.
Medical support and compliance
For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary,
construction, supply, and research activities, as authorized by law;
administrative expenses in support of capital policy activities; and
administrative and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized under chapter 17 of
title 38, United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $6,144,000,000, plus reimbursements, shall
become
available on October 1, 2015, and shall remain available until September
30, 2016.
Medical facilities
For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary
facilities, and other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of planning,
design, project management, real property acquisition and disposition,
construction, and renovation of any facility under the jurisdiction or for
the use of the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$125,000,000
which shall be in addition to funds previously appropriated under this
heading that become available on October 1, 2014; and, in addition,
$4,915,000,000, plus reimbursements, shall become available on October 1,
2015,
and shall remain available until September 30, 2016.
Medical and prosthetic research
For necessary expenses in carrying out programs of medical and prosthetic research and development
as authorized by chapter 73 of title 38, United States Code, $588,922,000,
plus
reimbursements, shall remain available until September 30, 2016.
National cemetery administration
For necessary expenses of the National Cemetery Administration for operations and maintenance, not
otherwise provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one passenger motor
vehicle for use in cemeterial operations; hire of passenger motor
vehicles; and repair, alteration or improvement of facilities under the
jurisdiction of the National Cemetery Administration, $256,800,000, of
which not
to exceed $25,600,000 shall remain available until September 30, 2016.
Departmental administration
General administration
(Including transfer of funds)
For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for,
including administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or allowances
therefor; not to exceed $25,000 for official reception and representation
expenses; hire of passenger motor vehicles; and reimbursement of the
General Services Administration for security guard services, $321,591,000,
of
which not to exceed $9,660,000 shall remain available until September 30,
2016: Provided, That funds provided under this heading may be transferred to General Operating Expenses, Veterans Benefits Administration.
Board of Veterans Appeals
For necessary operating expenses of the Board of Veterans Appeals, $99,294,000, of which not to
exceed
$9,429,000 shall remain available until September 30, 2016.
General operating expenses, Veterans Benefits Administration
For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided
for, including hire of passenger motor vehicles, reimbursement of the
General Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of overseas
employee mail, $2,524,254,000: 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 $124,700,000 shall remain
available
until September 30, 2016.
Information technology systems
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, $3,913,344,000, 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 $2,343,217,000 shall be for operations and maintenance, of which not to exceed $164,025,000
shall remain
available until September 30, 2016: Provided further, That $531,127,000 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 VistA
Evolution project development and any corrective actions taken where the
plan established in 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
may have fallen short; (2) any changes to the scope of the VistA Evolution
program as established in the Plan; (3) actual program costs incurred and
any refinements to the cost estimate presented in the Plan based on actual
costs incurred; (4) progress in meeting the schedule milestones that have
been established in the Plan; (5) program performance relative to the
performance measures that have been identified in the Plan and the
Roadmap; (6) plans for testing the VistA system and test results; (7)
VistA Evolution program risks and issues that have been identified and any
agency responses to such risks and issues; (8) 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, and performance benchmarks of the interoperable
record; (9) progress toward developing and implementing the interoperable
electronic health record throughout the two Departments’ medical
facilities; and (10) 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 report accompanying this 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: Provided, That the Office of Inspector General shall conduct an audit of scheduling practices and
procedures at Department of Veterans Affairs Medical Facilities across all
Veteran Integrated Service Networks.
Construction, major projects
For constructing, altering, extending, and improving any of the facilities, including parking
projects, under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not otherwise
provided for, including planning, architectural and engineering services,
construction management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $561,800,000, of
which
$527,800,000 shall remain available until September 30, 2019, and of which
$34,000,000 shall remain available until expended: Provided, That except for advance planning activities, including needs assessments which may or may not
lead to capital investments, and other capital asset management related
activities, including portfolio development and management activities, and
investment strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident engineers
who oversee those capital investments funded through this account, and
funds provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none of the funds
made available under this heading shall be used for any project which has
not been approved by the Congress in the budgetary process: Provided further, That funds made available under this heading for fiscal year 2015, for each approved project
shall be obligated: (1) by the awarding of a construction documents
contract by September 30, 2015; and (2) by the awarding of a construction
contract by September 30, 2016: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations
of both Houses of Congress a written report on any approved major
construction project 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, $540,200,000, 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,
$100,000,000, to remain available until expended.
Grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in establishing, expanding, or improving
veterans cemeteries as authorized by section 2408 of title 38, United
States Code, $46,000,000, to remain available until expended.
Administrative provisions
(including transfer of funds)
201. Any appropriation for fiscal year 2015 for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
202. Amounts made available for the Department of Veterans Affairs for fiscal year 2015, in this Act 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.
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.
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.
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.
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.
207. Appropriations available in this title shall be available to pay prior year obligations of
corresponding prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code, except that if
such obligations are from trust fund accounts they shall be payable only
from Compensation and pensions.
(including transfer of funds)
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.
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.
(transfer of funds)
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.
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.
212. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home
care, or medical services provided to any person under chapter 17 of title
38, United States Code, for a non-service-connected disability described
in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does not
make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
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.
214. Amounts made available under Medical Services are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
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: Provided, That, for fiscal year 2015, $250,000,000 deposited in the Department of Veterans Affairs Medical
Care
Collections Fund shall be transferred to Medical Facilities, to remain
available until expended, for non-recurring maintenance at existing
Veterans Health Administration medical facilities.
216. The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with the
Indian Health Service, and Indian tribes and tribal organizations serving
rural Alaska which have entered into contracts with the Indian Health
Service under the Indian Self Determination and Educational Assistance
Act, to provide healthcare, including behavioral health and dental care.
The Secretary shall require participating veterans and facilities to
comply with all appropriate rules and regulations, as established by the
Secretary. The term rural Alaska shall mean those lands sited within the external boundaries of the Alaska Native regions specified
in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), and those lands within the
Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), which
are not within the boundaries of the municipality of Anchorage, the
Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska
Susitna Borough.
(including transfer of funds)
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.
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.
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)
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.
221. None of the funds appropriated or otherwise made available by this Act or any other Act for the
Department of Veterans Affairs may be used in a manner that is
inconsistent with: (1) section 842 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. 2506); or (2) section 8110(a)(5) of title 38, United States Code.
222. Of the amounts made available to the Department of Veterans Affairs for fiscal year 2015, in this
Act or any other Act, under the Medical Facilities account for nonrecurring maintenance, not more than 20 percent of the funds made available shall
be obligated during the last 2 months of that fiscal year: Provided, That the Secretary may waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
223. 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 $252,366,000, 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)
224. 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)
225. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of
title 38, United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as described by section
706 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be available:
(1) for transfer to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111–84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by section
706 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500).
(including transfer of funds)
226. Of the amounts available in this title for Medical Services, Medical Support and Compliance, and Medical Facilities, a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund,
as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
(including rescissions)
227.
(a) Of the funds appropriated in division J of Public Law 113–76, the following amounts which become
available on October 1, 2014, are hereby rescinded from the following
accounts in the amounts specified:
(1) Department of Veterans Affairs, Medical Services, $1,400,000,000.
(2) Department of Veterans Affairs, Medical Support and Compliance, $100,000,000.
(3) Department of Veterans Affairs, Medical Facilities, $250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the
following accounts in the amounts specified to remain available until
September 30, 2016:
(1) Department of Veterans Affairs, Medical Services, $1,400,000,000.
(2) Department of Veterans Affairs, Medical Support and Compliance, $100,000,000.
(3) Department of Veterans Affairs, Medical Facilities, $100,000,000.
228. The Secretary of the Department 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.
229. 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.
230. 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.
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 $1,139,000 may be obligated from the Medical Services account and a maximum of
$69,804,000 may be obligated from the Medical Support and Compliance account for the VistA Evolution and electronic health record interoperability projects: Provided, That funds in addition to these amounts may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written notification by the
Secretary of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress.
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.
233. The Secretary of the Department 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.
234. 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); (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.
235. 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.
236. None of the funds in this or any other Act shall be used to provide performance bonuses for Medical
Directors,
Assistant Medical Directors, or Senior Executive Service employees of the
Veterans Health Administration until (1) the Department of Veterans
Affairs (VA) Inspector General conducts an audit of scheduling practices
and procedures at VA medical centers across all Veteran Integrated Service
Networks, (2) a report on the findings and recommendations of the audit is
submitted to Congress, and (3) the Secretary of Veterans Affairs provides
Congress with an implementation plan to address the findings and
recommendations of the Inspector General audit.
237. Of the funds available to the Department for fiscal year 2015 for “Medical Services”, not less than
$35,000,000 shall be available to provide contract care for veterans in
rural and highly rural areas.
238.
(a)
Reports
Not later than 30 days after the date of the enactment of this Act, and not less frequently than
once every 180 days thereafter, the Medical Inspector of the Department of
Veterans Affairs shall submit to Congress a report on
the programs and activities of the Veterans Health Administration.
(b)
Elements
(1)
In general
Each report submitted under subsection (a) shall include the following:
(A) A description of such problems or
deficiencies as the Medical Inspector may identify in programs and
activities of the Veterans Health Administration.
(B) An indication of whether the General Counsel of the Department of Veterans Affairs has reviewed
the findings of the Medical Inspector with respect to such problems or
deficiencies.
(C) A description of any findings by the General Counsel of any violation of law committed by an
employee of the Department resulting from the review under subparagraph
(B).
(D) A description of any legal or administrative action taken with respect to any such employee.
(2)
Initial report
The initial report required by subsection (a) shall include the following:
(A) The findings and
recommendations for corrective action contained in reports submitted to
the Secretary by the
Medical Inspector during the
four-year period ending on the day before the date of the enactment of
this Act relating
to the quality of health care provided to veterans by the Veterans Health
Administration and the access of veterans to such health care.
(B) A description of any legal or administrative action taken with respect to any employee of the
Department of Veterans Affairs resulting from the findings and
recommendations contained in
the reports of the Medical Inspector described in subparagraph (A).
(C) The status of any legal or administrative action described in subparagraph (B) as of the date of
the submittal of the
initial report under subsection (a).
(c)
Available to the public
The Secretary of Veterans Affairs shall ensure that each report submitted under subsection (a) is
available to the public on an Internet website of the Department not later
than 30 days after the submittal of the report to Congress.
(d)
Other reports
In carrying out the functions of the Office of the Medical Inspector of the Department of Veterans
Affairs, the Medical Inspector shall—
(1) submit to Congress any other report prepared by the Medical Inspector; and
(2) make such report available to the public on an Internet website of the Department.
(e)
Privacy matters
Any medical or other personal information contained in any report under this section shall be
protected from disclosure
or misuse in accordance with the laws on privacy applicable to such
information.
239.
(a)
Transfer of amount
(1)
In general
Of amounts that are available to the Department of Veterans Affairs for the appropriations account
under
the heading Medical
Facilities for fiscal year 2015, the amount specified in paragraph (2) shall be transferred to the
appropriations account under the heading Medical
Services.
(2)
Amount specified
The amount specified in this paragraph is the amount that the Secretary of Veterans Affairs
determines is necessary to provide to veterans in the catchment area of
any facility or proposed
facility specified in subsection (d) health care services pursuant to
contracts that are of equivalent or better quality than health care
services provided by community based outpatient clinics of the Department.
(b)
Use of amounts
(1)
In general
The Secretary shall use the amount transferred to the appropriations account
under the heading Medical
Services pursuant to subsection (a) to provide health care
services to veterans in the catchment area of any facility or proposed
facility specified in subsection (d).
(2)
Priority
Priority for the receipt of health care services under paragraph (1) shall be given to veterans
residing in areas that have been underserved by the Department for the
longest period of time, as determined by the Secretary.
(3)
Supplement not supplant
Any amounts transferred pursuant to subsection (a) for the purpose of providing health care
services to veterans described in paragraph (1) are in addition to any
other amounts appropriated or otherwise made available for such purpose.
(c)
Transfer for leases
Effective on the date on which the Secretary of Veterans Affairs determines that a major medical
facility lease for a facility or proposed facility specified in subsection
(d) is specifically authorized by law and the Secretary has entered into a
contract for the lease of such facility, there is transferred from the
unobligated
balances of the amounts transferred under subsection (a) to the
appropriations account of the Department of Veterans Affairs under
the heading Medical
Facilities an amount
equal to the amount specifically authorized by law for the major medical
facility lease.
(d)
Facilities and proposed facilities specified
The facilities and proposed facilities specified in this subsection are the following:
(1) A clinical research and pharmacy coordinating center in Albuquerque, New Mexico.
(2) A community-based outpatient clinic in Brick, New Jersey.
(3) A new primary care and dental clinic annex in Charleston, South Carolina.
(4) The Cobb County community-based Outpatient Clinic in Cobb County, Georgia.
(5) The Leeward Outpatient Healthcare Access Center in Honolulu, Hawaii, including a co-located
clinic with the Department of Defense and the co-location of the Honolulu
Regional Office of the Veterans Benefits Administration and the Kapolei
Vet Center of the Department of Veterans Affairs.
(6) A community-based outpatient clinic in Johnson County, Kansas.
(7) A replacement community-based outpatient clinic in Lafayette, Louisiana.
(8) A community-based outpatient clinic in Lake Charles, Louisiana.
(9) Outpatient clinic consolidation in New Port Richey, Florida.
(10) An outpatient clinic in Ponce, Puerto Rico.
(11) Lease consolidation in San Antonio, Texas.
(12) A community-based outpatient clinic in San Diego, California.
(13) An outpatient clinic in Tyler, Texas.
(14) The Errera Community Care Center in West Haven, Connecticut.
(15) The Worcester community-based Outpatient Clinic in Worcester, Massachusetts.
(16) The expansion of a community-based outpatient clinic in Cape Girardeau, Missouri.
(17) A multispecialty clinic in Chattanooga, Tennessee.
(18) The expansion of a community-based outpatient clinic in Chico, California.
(19) A community-based outpatient clinic in Chula Vista, California.
(20) A new research lease in Hines, Illinois.
(21) A replacement research lease in Houston, Texas.
(22) A community-based outpatient clinic in Lincoln, Nebraska.
(23) A community-based outpatient clinic in Lubbock, Texas.
(24) Community-based outpatient clinic consolidation in Myrtle Beach, South Carolina.
(25) A community-based outpatient clinic in Phoenix, Arizona.
(26) The expansion of a community-based outpatient clinic in Redding, California.
(27) The expansion of a community-based outpatient clinic in Tulsa, Oklahoma.
240.
(a)
Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance
Chapter 7 of title 38, United States Code, is amended by adding at the end the following new
section:
713.
Senior Executive Service: removal based on performance
(a)
In general
(1) Notwithstanding subchapter V of chapter 35 of title 5, subchapter V of chapter 75 of title 5, or
any other provision of law, the Secretary may remove any individual who is
an
employee of the Department from a Senior
Executive Service position (as defined in section 3132(a) of title 5) if
the Secretary determines the performance of the
individual warrants such removal.
(2) If the Secretary so removes such an
individual, the Secretary may—
(A) remove the individual from the civil service (as defined in section 2101 of title 5); or
(B) appoint the individual to a General Schedule position at any grade of the General Schedule the
Secretary determines appropriate.
(b)
Notice to Congress
Not later than 30 days after removing an individual from the Senior Executive Service under
subsection (a), the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans' Affairs of the House
of Representatives notice in writing of
such removal and the reason for such removal.
.
(b)
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the
following new item:
713. Senior Executive Service: removal based on performance.
.
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, $73,285,000, 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, $34,390,000: Provided, That $2,500,000 shall be available for the purpose of providing financial assistance as
described,
and in accordance with the process and reporting procedures set forth,
under this heading in Public Law 102–229.
Department of defense—Civil
Cemeterial expenses, Army
Salaries and expenses
For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery
and Soldiers’ and Airmen’s Home National Cemetery, including the purchase
or lease of passenger motor vehicles for replacement on a one-for-one
basis only, and not to exceed $1,000 for official reception and
representation expenses, $65,800,000, of which not to exceed $3,000,000
shall
remain available until September 30, 2016. In addition, such sums as may
be necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for Defense Agencies account. 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.
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.
IV
GENERAL PROVISIONS
401. No part of any appropriation contained in this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
402. 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.
403. Such sums as may be necessary for fiscal year 2015 for pay raises for programs funded by this Act
shall be absorbed within the levels appropriated in this Act.
404. No part of any funds appropriated in this Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
405. 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.
406. 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.
407. 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.
408.
(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.
409.
(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.
410.
(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, Guantánamo 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, Guantánamo 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, Guantánamo 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, Guantánamo Bay, Cuba.
411. 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
that are stationed within the United States at any single conference
occurring outside a state of the United States, except for employees of
the Department of Veterans Affairs stationed in the Philippines, unless
the relevant Secretary reports to the Committees on Appropriations of both
Houses of Congress at least 5 days in advance that such attendance is
important to the national interest.
412.
(a) The head of any executive branch department, agency, board, commission, or office funded by this
Act shall submit annual reports to the Inspector General or senior ethics
official for any entity without an Inspector General, regarding the costs
and contracting procedures related to each conference held by any such
department, agency, board, commission, or office during fiscal year 2015
for which the cost to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference described in subsection (a) held during
the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from the conference; and
(D) a discussion of the methodology used to determine which costs relate to the conference; and
(4) a description of the contracting procedures used including—
(A) whether contracts were awarded on a competitive basis; and
(B) a discussion of any cost comparison conducted by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any executive branch department, agency, board,
commission, or office funded by this 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 Act to an executive branch agency 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 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.
This Act may be cited as the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015.
May 1, 2014Received; read twice and referred to the Committee on AppropriationsMay 22, 2014Reported with an amendment