Library / Laws / 113th / s / S. 2438 / Placed on Calendar (Senate)
II
Calendar No. 412
113th CONGRESS
2d Session
S. 2438
[Report No. 113–182]
IN THE SENATE OF THE UNITED STATES
June 5, 2014Mrs. Murray, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendar
A BILL
Making appropriations for the Departments of
Transportation, and Housing and Urban Development, 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 the
Departments of Transportation, and Housing and Urban Development, and
related
agencies for the fiscal year ending September 30, 2015, and for other
purposes,
namely:
I
Department of transportation
Office of the
secretary
Salaries and expenses
For necessary expenses of the Office of the
Secretary, $108,000,000, of which not to exceed
$2,696,000 shall be available for the immediate
Office of the Secretary; not to exceed
$1,011,000 shall be available for the immediate
Office of the Deputy Secretary; not to exceed
$19,980,000 shall be available for the Office of
the General Counsel; not to exceed $10,300,000
shall be available for the Office of the Under Secretary of Transportation for
Policy; not to exceed $12,676,000 shall be
available for the Office of the Assistant Secretary for Budget and Programs;
not to exceed $2,500,000 shall be available for
the Office of the Assistant Secretary for Governmental Affairs; not to exceed
$27,131,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$2,000,000 shall be available for the Office of
Public Affairs; not to exceed $1,714,000 shall
be available for the Office of the Executive Secretariat; not to exceed
$1,414,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed
$10,778,000 shall be available for the Office of
Intelligence, Security, and Emergency Response; and not to exceed
$15,800,000 shall be available for the Office of
the Chief Information Officer:
Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office of the Secretary:
Provided further, That
no appropriation for any office shall be increased or decreased by more than 5
percent by all such transfers:
Provided further, That
notice of any change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That
not to exceed $60,000 shall be for allocation
within the Department for official reception and representation expenses as the
Secretary may determine:
Provided further, That
notwithstanding any other provision of law, excluding fees authorized in Public
Law 107–71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees:
Provided further, That
none of the funds provided in this Act shall be available for the position of
Assistant Secretary for Public Affairs.
Research and technology
For necessary expenses related to the Office
of the Assistant Secretary for Research and Technology,
$13,500,000, of which
$8,218,000 shall remain available until
September 30, 2017:
Provided, That there may be
credited to this appropriation, to be available until expended, funds received
from States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training:
Provided further, That
any reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall be deemed to be a
reference to the Office of the Assistant Secretary for Research and Technology
of the Department of Transportation.
National Infrastructure
Investments
For capital
investments in surface transportation infrastructure,
$550,000,000, to remain available through
September 30, 2018:
Provided, That the Secretary of
Transportation shall distribute funds provided under this heading as
discretionary grants to be awarded to a State, local government, transit
agency, or a collaboration among such entities on a competitive basis for
projects that will have a significant impact on the Nation, a metropolitan
area, or a region:
Provided further, That
projects eligible for funding provided under this heading shall include, but
not be limited to, highway or bridge projects eligible under title 23, United
States Code; public transportation projects eligible under chapter 53 of title
49, United States Code; passenger and freight rail transportation projects; and
port infrastructure investments (including inland port infrastructure):
Provided further, That
the Secretary may use up to 35 percent of the funds made available under this
heading for the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds would
advance the purposes of this paragraph:
Provided further, That
in distributing funds provided under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural areas, and the
investment in a variety of transportation modes:
Provided further, That
a grant funded under this heading shall be not less than
$10,000,000 and not greater than
$200,000,000:
Provided further, That
not more than 25 percent of the funds made available under this heading may be
awarded to projects in a single State:
Provided further, That
the Federal share of the costs for which an expenditure is made under this
heading shall be, at the option of the recipient, up to 80 percent:
Provided further, That
the Secretary shall give priority to projects that require a contribution of
Federal funds in order to complete an overall financing package:
Provided further, That
not less than 20 percent of the funds provided under this heading shall be for
projects located in rural areas:
Provided further, That
for projects located in rural areas, the minimum grant size shall be
$1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent:
Provided further, That
of the amount made available under this heading, the Secretary may use an
amount not to exceed $35,000,000 for the
planning, preparation or design of projects eligible for funding under this
heading:
Provided further, That
grants awarded under the previous proviso shall not be subject to a minimum
grant size:
Provided further, That
projects conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That
the Secretary shall conduct a new competition to select the grants and credit
assistance awarded under this heading:
Provided further, That
the Secretary may retain up to $20,000,000 of
the funds provided under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the Federal
Maritime Administration, to fund the award and oversight of grants and credit
assistance made under the National Infrastructure Investments
program.
Financial management capital
For necessary expenses for upgrading and
enhancing the Department of Transportation's financial systems and
re-engineering business processes, $5,000,000,
to remain available through September 30, 2016.
Cyber security initiatives
For necessary expenses for cyber security
initiatives, including necessary upgrades to wide area network and information
technology infrastructure, improvement of network perimeter controls and
identity management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal cyber
security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices, and
enhancement of cyber security workforce training tools,
$5,000,000, to remain available through
September 30, 2016.
Office of civil rights
For necessary expenses of the Office of
Civil Rights,
$9,600,000.
Transportation planning, research, and
development
For necessary expenses for conducting
transportation planning, research, systems development, development activities,
and making grants, to remain available until expended,
$6,000,000.
Working capital fund
For necessary expenses for operating costs
and capital outlays of the Working Capital Fund, not to exceed
$182,000,000 shall be paid from appropriations
made available to the Department of Transportation:
Provided, That such services shall
be provided on a competitive basis to entities within the Department of
Transportation:
Provided further, That
the above limitation on operating expenses shall not apply to non-DOT entities:
Provided further, That
no funds appropriated in this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the Secretary:
Provided further, That
no assessments may be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on Appropriations and
are approved by such Committees.
Minority business resource center
program
For the cost of
guaranteed loans, $333,000, as authorized by 49
U.S.C. 332:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program,
$592,000.
Minority business outreach
For necessary expenses of Minority Business
Resource Center outreach activities, $3,099,000,
to remain available until September 30, 2016:
Provided, That notwithstanding 49
U.S.C. 332, these funds may be used for business opportunities related to any
mode of transportation.
Payments to air
carriers
(airport and airway trust
fund)
In addition to funds
made available from any other source to carry out the essential air service
program under 49 U.S.C. 41731 through 41742,
$155,000,000, to be derived from the Airport and
Airway Trust Fund, to remain available until expended:
Provided, That in determining
between or among carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further,
That basic essential air service minimum requirements shall not include the
15-passenger capacity requirement under subsection 41732(b)(3) of title 49,
United States Code:
Provided further, That
none of the funds in this Act or any other Act shall be used to enter into a
new contract with a community located less than 40 miles from the nearest small
hub airport before the Secretary has negotiated with the community over a local
cost share.
Administrative provisions—office of the
secretary of transportation
101. None of the funds made available in this
Act to the Department of Transportation may be obligated for the Office of
the
Secretary of Transportation to approve assessments or reimbursable
agreements
pertaining to funds appropriated to the modal administrations in this Act,
except for activities underway on the date of enactment of this Act,
unless
such assessments or agreements have completed the normal reprogramming
process
for Congressional notification.
102. The Secretary or his designee may engage in
activities with States and State legislators to consider proposals related
to
the reduction of motorcycle fatalities.
103. Notwithstanding section 3324 of title 31,
United States Code, in addition to authority provided by section 327 of
title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary to
carry out the Federal transit pass transportation fringe benefit program
under
Executive Order 13150 and section 3049 of Public Law 109–59:
Provided, That the Department
shall include adequate safeguards in the contract with the vendors to
ensure
timely and high-quality performance under the contract.
104. The Secretary shall post on the Web site of
the Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit
Council
to record the decisions and actions of each meeting.
Federal aviation
administration
Operations
(airport and airway trust
fund)
For necessary expenses
of the Federal Aviation Administration, not otherwise provided for, including
operations and research activities related to commercial space transportation,
administrative expenses for research and development, establishment of air
navigation facilities, the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108–176,
$9,750,000,000, of which
$8,595,000,000 shall be derived from the Airport
and Airway Trust Fund, of which not to exceed
$7,396,654,000 shall be available for air
traffic organization activities; not to exceed
$1,215,458,000 shall be available for aviation
safety activities; not to exceed $16,605,000
shall be available for commercial space transportation activities; not to
exceed $765,047,000 shall be available for
finance and management activities; not to exceed
$60,089,000 shall be available for NextGen and
operations planning activities; and not to exceed
$296,147,000 shall be available for staff
offices:
Provided, That not to exceed 2
percent of any budget activity, except for aviation safety budget activity, may
be transferred to any budget activity under this heading:
Provided further, That
no transfer may increase or decrease any appropriation by more than 2 percent:
Provided further, That
any transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in that
section:
Provided further, That
not later than March 31 of each fiscal year hereafter, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section 221 of
Public Law 108–176:
Provided further, That
the amount herein appropriated shall be reduced by
$100,000 for each day after March 31 that such
report has not been submitted to the Congress:
Provided further, That
not later than March 31 of each fiscal year hereafter, the Administrator shall
transmit to Congress a companion report that describes a comprehensive strategy
for staffing, hiring, and training flight standards and aircraft certification
staff in a format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by fiscal year:
Provided further, That
the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31
that such report has not been submitted to Congress:
Provided further, That
funds may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety
standards:
Provided further, That
none of the funds in this Act shall be available for new applicants for the
second career training program:
Provided further, That
none of the funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law after the date of the
enactment of this Act:
Provided further, That
there may be credited to this appropriation as offsetting collections funds
received from States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station certificates, or
for tests related thereto, or for processing major repair or alteration
forms: Provided further, That
of the funds appropriated under this heading, not less than
$149,000,000 shall be for the contract tower
program, of which $10,350,000 is for the
contract tower cost share program:
Provided further, That
none of the funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the Working
Capital Fund:
Provided further, That
none of the funds provided in this Act may be used for the Federal Aviation
Administration to issue a job announcement for air traffic control specialists
that renders ineligible any applicant who had been included in the air traffic
control specialist applicant inventory as of January 15, 2014, and who was born
between February 9, 1983 and October 1, 1984.
Facilities and
equipment
(airport and airway trust
fund)
For necessary expenses,
not otherwise provided for, for acquisition, establishment, technical support
services, improvement by contract or purchase, and hire of national airspace
systems and experimental facilities and equipment, as authorized under part A
of subtitle VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds
available under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,473,700,000, of which
$458,000,000 shall remain available until
September 30, 2015, and $2,015,700,000 shall
remain available until September 30, 2017:
Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization of
national airspace
systems:
Provided further, That
upon initial submission to the Congress of the fiscal year 2016 President's
budget, the Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal Aviation Administration
which includes funding for each budget line item for fiscal years 2016 through
2020, with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of Management
and Budget:
Provided further, That
the amount herein appropriated shall be reduced by
$100,000 per day for each day after the initial
submission of the fiscal year 2016 President’s budget that such report has not
been submitted to Congress.
Research, engineering, and
development
(airport and airway trust
fund)
For necessary expenses, not otherwise
provided for, for research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code, including construction
of experimental facilities and acquisition of necessary sites by lease or
grant, $156,750,000, to be derived from the
Airport and Airway Trust Fund and to remain available until September 30, 2017:
Provided, That there may be
credited to this appropriation as offsetting collections, funds received from
States, counties, municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for research,
engineering, and development.
Grants-in-aid for
airports
(liquidation of contract
authorization)
(limitation on
obligations)
(airport and airway trust
fund)
(including transfer of
funds)
(including rescission)
For liquidation of obligations incurred for
grants-in-aid for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code, and under other
law authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at airports of
such title; for grants authorized under section 41743 of title 49, United
States Code; and for inspection activities and administration of airport safety
programs, including those related to airport operating certificates under
section 44706 of title 49, United States Code,
$3,200,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
Provided, That none of the funds
under this heading shall be available for the planning or execution of programs
the obligations for which are in excess of
$3,480,000,000 in fiscal year 2015,
notwithstanding section 47117(g) of title 49, United States Code:
Provided further, That
notwithstanding any other provision of law, of funds made available in the
fiscal year ending on September 30, 2014, under section 48112 of title 49,
United States Code, and limited under this heading,
$130,000,000 shall be obligated for facilities
and equipment of the Federal Aviation Administration that are located on
airport property, including runway safety areas, runway status lights, landing
and navigational lighting systems, and air traffic control tower improvements
and replacements:
Provided further, That
the funds limited under this heading shall be deemed reduced by
$130,000,000 for purposes of 47102(6) of Title
49, United States Code:
Provided further, That
none of the funds under this heading shall be available for the replacement of
baggage conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive detection
systems:
Provided further, That
notwithstanding section 47109(a) of title 49, United States Code, the
Government’s share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project at other
than a large or medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in fiscal
year 2011 for the construction project:
Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $107,100,000 shall be
obligated for administration, not less than
$15,000,000 shall be available for the Airport
Cooperative Research Program, not less than
$29,750,000 shall be available for Airport
Technology Research, and $8,000,000, to remain
available until expended, shall be available and transferred to Office
of the Secretary, Salaries and Expenses to carry out the Small
Community Air Service Development Program.
(Rescission)
Any amounts made available for the fiscal
year ending September 30, 2015, under section 48112 of title 49, United States
Code, are rescinded.
Administrative provisions—federal aviation
administration
110. None of the funds in this Act may be used
to compensate in excess of 600 technical staff-years under the federally
funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during
fiscal year 2014.
111. None of the funds in this Act shall be used
to pursue or adopt guidelines or regulations requiring airport sponsors to
provide to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control, air
navigation, or weather reporting:
Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and
airport sponsors to achieve agreement on below-market rates for
these items or to grant assurances that require airport sponsors to
provide
land without cost to the FAA for air traffic control facilities.
112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount
remaining
in such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the appropriation
current at
the time of collection, to be merged with and available for the same
purposes
of such appropriation.
114. None of the funds in this Act shall be
available for paying premium pay under subsection 5546(a) of title 5,
United
States Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium
pay.
115. None of the funds in this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
116. The Secretary shall apportion to the
sponsor of an airport that received scheduled or unscheduled air service
from a
large certified air carrier (as defined in part 241 of title 14 Code of
Federal
Regulations, or such other regulations as may be issued by the Secretary
under
the authority of section 41709) an amount equal to the minimum
apportionment
specified in 49 U.S.C. 47114(c), if the Secretary determines that airport
had
more than 10,000 passenger boardings in the preceding calendar year, based
on
data submitted to the Secretary under part 241 of title 14, Code of
Federal
Regulations.
117. None of the funds in this Act may be
obligated or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant
Secretary for Administration of the Department of Transportation.
118. Subparagraph (D) of section 47124(b)(3) of
title 49, United States Code, is amended by striking benefit.
and inserting benefit, with the maximum allowable local cost share
capped at 20 percent..
119. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior Act may be
used to
implement or to continue to implement any limitation on the ability of any
owner or operator of a private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a blocking of that
owner's or operator’s aircraft registration number from any display of the
Federal Aviation Administration’s Aircraft Situational Display to Industry
data
that is made available to the public, except data made available to a
Government agency, for the noncommercial flights of that owner or
operator.
119A. None of the funds in this Act shall be
available for salaries and expenses of more than 9 political and
Presidential
appointees in the Federal Aviation Administration.
119B. None of the funds made available under this
Act may be used to increase fees pursuant to section 44721 of title 49,
United
States Code, until the FAA provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to aeronautical
navigation products and explains how such fees are consistent with
Executive
Order 13642.
119C. None of the funds appropriated or limited
by this Act may be used to change weight restrictions or prior permission
rules
at Teterboro airport in Teterboro, New Jersey.
119D. None of the funds in this Act may be used
to close a regional operations center of the Federal Aviation
Administration or
reduce its services unless the Administrator notifies the House and Senate
Committees on Appropriations not less than 90 full business days in
advance.
119E. Section 916 of Public Law 112–95 is amended
by striking Advanced Materials in Transport Aircraft and
inserting Joint Advanced Materials and Structures.
119F. Subsection 47109(c)(2) of title 49, United
States Code, is amended by adding before the period , except that at a
non-hub airport located in a State as set forth in paragraph (1) of this
subsection that is within 15 miles of another State as set forth in
paragraph
(1) of this subsection, the Government’s share shall be an average of the
Government share applicable to any project in each of the
States.
Federal highway
administration
Limitation on administrative
expenses
(Highway Trust
Fund)
(including transfer of funds)
Not to exceed
$426,100,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of the
Federal Highway Administration. In addition, not to exceed
$3,248,000 shall be transferred to the
Appalachian Regional Commission in accordance with section 104 of title 23,
United States Code.
Federal-aid
highways
(limitation on
obligations)
(highway trust fund)
Funds available for the implementation or
execution of programs of Federal-aid Highways and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of Public Law 112–141 shall not exceed total obligations of
$40,256,000,000 for fiscal year 2015:
Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in the field of
municipal and project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to the Federal
Government of servicing such credit instruments:
Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That
such amounts are in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23, United
States Code.
(Liquidation of contract
authorization)
(Highway Trust
Fund)
For the payment of obligations incurred in
carrying out Federal-aid Highways and highway safety construction programs
authorized under title 23, United States Code,
$40,995,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
Administrative provisions—federal highway
administration
120.
(a) For fiscal year 2015, the Secretary of
Transportation shall—
(1) not distribute from the obligation
limitation for Federal-aid Highways—
(A) amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the
obligation limitation for Federal-aid Highways that is equal to the
unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid Highways and highway
safety construction programs for previous fiscal years the funds for which
are
allocated by the Secretary (or apportioned by the Secretary under sections
202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was
provided in a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid
Highways, less the aggregate of amounts not distributed under paragraphs
(1)
and (2) of this subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid Highways and highway safety construction
programs (other than sums authorized to be appropriated for provisions of
law
described in paragraphs (1) through (12) of subsection (b) and sums
authorized
to be appropriated for section 119 of title 23, United States Code, equal
to
the amount referred to in subsection (b)(13) for such fiscal year), less
the
aggregate of the amounts not distributed under paragraphs (1) and (2) of
this
subsection;
(4) distribute the obligation limitation for
Federal-aid Highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than programs to
which
paragraph (1) applies) that are allocated by the Secretary under the
Moving
Ahead for Progress in the 21st Century Act and title 23, United States
Code, or
apportioned by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for such fiscal year; and
(5) distribute the obligation limitation for
Federal-aid Highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph (4),
for
Federal-aid Highways and highway safety construction programs that are
apportioned by the Secretary under title 23, United States Code (other
than the
amounts apportioned for the National Highway Performance Program in
section 119
of title 23, United States Code, that are exempt from the limitation under
subsection (b)(13) and the amounts apportioned under sections 202 and 204
of
that title) in the proportion that—
(A) amounts authorized to be appropriated for
the programs that are apportioned under title 23, United States Code, to
each
State for such fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b)
Exceptions From Obligation
Limitation
The obligation
limitation for Federal-aid Highways shall not apply to obligations under
or
for—
(1) section 125 of title 23, United States
Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of
1981 (95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of
the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of
the Surface Transportation and Uniform Relocation Assistance Act of 1987
(101
Stat. 198);
(6) sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2027);
(7) section 157 of title 23, United States Code
(as in effect on June 8, 1998);
(8) section 105 of title 23, United States Code
(as in effect for fiscal years 1998 through 2004, but only in an amount
equal
to $639,000,000 for each of those fiscal
years);
(9) Federal-aid Highways programs for which
obligation authority was made available under the Transportation Equity
Act for
the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or
to
remain available until expended, but only to the extent that the
obligation
authority has not lapsed or been used;
(10) section 105 of title 23, United States Code
(as in effect for fiscal years 2005 through 2012, but only in an amount
equal
to $639,000,000 for each of those fiscal
years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118
note; 119 Stat. 1248), to the extent that funds obligated in accordance
with
that section were not subject to a limitation on obligations at the time
at
which the funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(as in effect for fiscal years 2013 and 2014, but only in an amount equal
to
$639,000,000 for each of those fiscal years);
and
(13) section 119 of title 12, United States Code
(but, for fiscal year 2015, only in an amount equal to
$639,000,000).
(c)
Redistribution of Unused Obligation
Authority
Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal year—
(1) revise a distribution of the obligation
limitation made available under subsection (a) if an amount distributed
cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed
during that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in effect
on
the day before the date of enactment of Public Law 112–141) and 104 of
title
23, United States Code.
(d)
Applicability of Obligation Limitations to
Transportation Research Programs
(1)
In general
Except as provided in paragraph (2), the
obligation limitation for Federal-aid Highways shall apply to contract
authority for transportation research programs carried out under—
(A) chapter 5 of title 23, United States Code;
and
(B) division E of the Moving Ahead for Progress
in the 21st Century Act.
(2)
Exception
Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-aid Highways and highway
safety
construction programs for future fiscal years.
(e)
Redistribution of Certain Authorized
Funds
(1)
In general
Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the Secretary
shall
distribute to the States any funds (excluding funds authorized for the
program
under section 202 of title 23, United States Code) that—
(A) are authorized to be appropriated for such
fiscal year for Federal-aid Highways programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be apportioned to the States under
section
204 of title 23, United States Code), and will not be available for
obligation,
for such fiscal year because of the imposition of any obligation
limitation for
such fiscal year.
(2)
Ratio
Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation authority
under
subsection (a)(5).
(3)
Availability
Funds distributed to each State under
paragraph (1) shall be available for any purpose described in section
133(b) of
title 23, United States Code.
121. Notwithstanding 31 U.S.C. 3302, funds
received by the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter 63 of title
49,
United States Code, may be credited to the Federal-aid Highways account
for the
purpose of reimbursing the Bureau for such expenses:
Provided, That such funds shall
be subject to the obligation limitation for Federal-aid Highways and
highway
safety construction programs.
122. Not less than 15 days prior to waiving,
under his statutory authority, any Buy America requirement for Federal-aid
Highways projects, the Secretary of Transportation shall make an informal
public notice and comment opportunity on the intent to issue such waiver
and
the reasons therefor:
Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
123. None of the funds in this Act to the
Department of Transportation may be used to provide credit assistance
unless
not less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code, the
Secretary of Transportation provides notification in writing to the
following
committees: the House and Senate Committees on Appropriations; the
Committee on
Environment and Public Works and the Committee on Banking, Housing and
Urban
Affairs of the Senate; and the Committee on Transportation and
Infrastructure
of the House of Representatives:
Provided, That such notification
shall include, but not be limited to, the name of the project sponsor; a
description of the project; whether credit assistance will be provided as
a
direct loan, loan guarantee, or line of credit; and the amount of credit
assistance.
124. From the unobligated balances of funds
apportioned among the States prior to October 1, 2012, under sections
104(b) of
title 23, United States Code (as in effect on the day before the date of
enactment of Public Law 112–141), the amount of
$22,100,000 shall be made available in fiscal
year 2015 for the administrative expenses of the Federal Highway
Administration:
Provided, That this provision
shall not apply to funds distributed in accordance with section 104(b)(5)
of
title 23, United States Code (as in effect on the day before the date of
enactment of Public Law 112–141); section 133(d)(1) of such title (as in
effect
on the day before the date of enactment of Public Law 109–59); and the
first
sentence of section 133(d)(3)(A) of such title (as in effect on the day
before
the date of enactment of Public Law 112–141):
Provided further,
That such amount shall be derived on a proportional basis from the
unobligated
balances of apportioned funds to which this provision applies:
Provided further,
That the amount made available by this provision in fiscal year 2015 for
the
administrative expenses of the Federal Highway Administration shall be in
addition to the amount made available in fiscal year 2015 for such
purposes
under section 104(a) of title 23, United States Code.
Federal motor carrier safety
administration
Motor carrier safety operations and
programs
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust
fund)
For payment of obligations incurred in the
implementation, execution and administration of motor carrier safety operations
and programs pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109–59, as amended by Public Law 112–141,
$271,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety Administration, the
sum of which shall remain available until expended:
Provided, That funds available for
implementation, execution or administration of motor carrier safety operations
and programs authorized under title 49, United States Code, shall not exceed
total obligations of $271,000,000 for
Motor Carrier Safety Operations and Programs for fiscal year
2015, of which $9,000,000, to remain available
for obligation until September 30, 2017, is for the research and technology
program, and of which $34,545,000, to remain
available for obligation until September 30, 2017, is for information
management:
Provided further, That
$2,300,000 shall be made available for
commercial motor vehicle operator’s grants to carry out section 4134 of Public
Law 109–59, as amended by Public Law 112–141, of which
$1,300,000 is to be made available from prior
year unobligated contract authority provided in Public Law 112–141, or other
appropriations or authorization acts:
Provided further, That
of unobligated contract authority provided in Public Law 112–141, or other
appropriations or authorization acts for Motor Carrier Safety Operations
and Programs, $1,500,000 shall be made
available for enforcement and investigation activities related to the safe
transportation of energy products, $5,200,000 shall be made available to augment
funding to address information management and technology needs related to the
monitoring of high-risk carriers and carriers operating under consent
agreements, and $4,000,000 shall be made available to administer the study
required under section 133 of this Act, to
remain available for obligation until September 30, 2017:
Provided further, That
the Federal Motor Carrier Safety Administration shall transmit to Congress a
report by March 27, 2015, on the agency's ability to meet its requirement to
conduct compliance reviews on mandatory carriers:
Provided further, That
the Secretary shall complete final regulatory action on the implementation of
49 United States Code 31137 no later than January 30, 2015:
Provided further, That
the Secretary shall initiate action on the Safety Fitness Determination rule no
later than December, 31, 2013.
National Motor Carrier
safety
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust fund)
Of the unobligated contract authority
provided in the Transportation Equity Act for the 21st Century (Public Law
105–178) or other appropriation or authorization acts for the national motor
carrier safety program, $8,300,000 shall be made
available to augment funding to execute the Federal Motor Carrier Safety
Administration’s Capital Improvement Plan for border facilities and field
offices, including physical information technology infrastructure:
Provided, That such funds as
necessary for payment of obligations incurred in carrying out this section
shall be derived from the Highway Trust Fund (other than the Mass Transit
Account) and total limitations of these obligations shall not exceed
$8,300,000.
Motor carrier safety
grants
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust
fund)
For payment of obligations incurred in
carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of
title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59,
as amended by Public Law 112–141, $313,000,000,
to be derived from the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended:
Provided, That funds available for
the implementation or execution of motor carrier safety programs shall not
exceed total obligations of $313,000,000 in
fiscal year 2015 for Motor Carrier Safety Grants; of which
$218,000,000 shall be available for the motor
carrier safety assistance program, $30,000,000
shall be available for commercial driver's license program improvement grants,
$32,000,000 shall be available for border
enforcement grants, $5,000,000 shall be
available for performance and registration information system management
grants, $25,000,000 shall be available for the
commercial vehicle information systems and networks deployment program, and
$1,000,000 shall be available for safety data
improvement grants:
Provided further,
That, of the funds made available herein for the motor carrier safety
assistance program, $32,000,000 shall be
available for audits of new entrant motor
carriers.
ADMINISTRATIVE PROVISION—FEDERAL MOTOR
CARRIER SAFETY ADMINISTRATION
130. Funds appropriated or limited in this Act
shall be subject to the terms and conditions stipulated in section 350 of
Public Law 107–87 and section 6901 of Public Law 110–28.
131. None of the funds limited or otherwise made
available under the heading Motor Carrier Safety Operations and
Programs may be used to deny an application to renew a Hazardous
Materials Safety Program permit for a motor carrier based solely on that
carrier’s Hazardous Materials Out-of-Service rate, unless the carrier has
the
opportunity to submit a written description of corrective actions taken,
and
other documentation the carrier wishes the Secretary to consider,
including
submitting a corrective action plan, and the Secretary determines the
actions
or plan is insufficient to address the safety concerns that resulted in
that
Hazardous Materials Out-of-Service rate.
132. None of the funds limited or otherwise made
available under this Act shall be used by the Secretary to enforce any
regulation prohibiting a State from issuing a commercial learner’s permit
to
individuals under the age of eighteen if the State had a law authorizing
the
issuance of commercial learners permits to individuals under eighteen
years of
age as of May 9, 2011.
133.
(a)
Temporary Suspension of Enforcement
None of the funds appropriated or otherwise made available by this Act or any other Act shall be
used to enforce sections 395.3(c) and 395.3(d) of title 49, Code of
Federal Regulations, and such sections shall have
no force or effect from the date of enactment of this Act until the later
of September 30, 2015, or upon submission of the final report issued by
the Secretary under this section. The restart provisions in effect on
June 30, 2013, shall be in effect during this period.
(b)
Public Notification
As soon as possible after the date of the enactment of this Act, the Secretary of Transportation
shall publish a Notice in the Federal Register and on the Federal Motor
Carrier Safety Administration website announcing that the provisions in
the rule referred to in subsection (a) shall have no force or effect from
the date of enactment of this Act through September 30, 2015, and the
restart rule in effect on June 30, 2013, shall immediately be in effect.
(c)
Commercial Motor Vehicle (CMV) Driver Restart Study
Within 90 days of enactment of this Act, the Secretary shall initiate a naturalistic study of the
operational, safety, health and fatigue impacts of the restart provisions
in sections 395.3(c) and 395.3(d) of title 49, Code of Federal
Regulations, on commercial motor vehicle drivers. The study
required under this subsection shall—
(1) compare the work schedules and assess operator fatigue between the following two groups of
commercial motor vehicle drivers, each large enough to produce
statistically significant results:
(A) commercial motor vehicle drivers who operate under such provisions, in effect between July 1, 2013,
and the day before the date of enactment of this Act, and
(B) commercial motor vehicle drivers who operate under the provisions as in effect on June 30, 2013.
(2) compare, at a minimum, the 5-month work schedules and assess safety critical events (crashes, near
crashes and crash-relevant conflicts) and operator fatigue between the
following two groups of commercial motor vehicle drivers, from a
statistically significant sample of drivers comprised of fleets of all
sizes, including long-haul, regional and short-haul operations in various
sectors of the industry, including flat-bed, refrigerated, tank, and
dry-van, to the extent practicable;
(3) assess drivers’ safety critical events, fatigue and levels of alertness and driver health outcomes
by using both electronic and captured record of duty status, including the
Psychomotor Vigilance Test (PVT), e-logging data, actigraph watches and
cameras or other on-board monitoring systems that record or measure safety
critical events and driver alertness;
(4) utilize data from electronic logging devices, consistent to the extent practicable, with the
anticipated requirements for such devices in section 31137(b) of title 49,
United States Code, from motor carriers and drivers of commercial motor
vehicles, notwithstanding any limitation on the use of such data under
section 31137(e) of title 49, United States Code; and
(5) include the development of an initial study plan and final report, each of which shall be subject
to an independent peer review panel of individuals with relevant medical
and scientific expertise.
(d)
Department of Transportation Office of Inspector General Review
Prior to the study required under this subsection commencing, the Secretary shall submit a plan
outlining the scope and methodology for the study to the Department of
Transportation Inspector General within 60 days of enactment of this Act.
(1) Within 30 days of receiving the plan, the Office of Inspector General shall review and comment on
the plan, including whether it includes—
(A) a sufficient number of drivers participating to produce statistically significant results and
consistent with subsection (c)(2);
(B) an assessment of whether the technologies being used to assess the operational, safety and fatigue
components of the study are reliable and will produce consistent and valid
results;
(C) appropriate performance measures to properly evaluate the study outcomes; and
(D) assess the selection of the independent review panel under subsection (c)(5).
(2) The Office of Inspector General shall report its findings, conclusions and recommendations to the
Secretary and to the House and Senate Committees on Appropriations within
30 days of receipt of the plan.
(e)
Reporting Requirements
The Secretary shall submit a final report on the findings and conclusions of the study and the
Department’s recommendations on whether the provisions in effect on July
1, 2013, provide a greater net benefit for the operational, safety, health
and fatigue impacts of the restart provisions to the Inspector General
within 210 days of receiving the Office of the Inspector General report
required in subsection (d)(2).
(1) Within 60 days of receipt of the Secretary’s findings and recommendations in subsection (e), the
Inspector General shall report to the Secretary and the House and Senate
Committees on Appropriations on the study’s compliance with the
requirements outlined under subsection (c).
(2) Upon submission of the Office of the Inspector General report in paragraph (1), the Secretary shall
submit its report to the
House and Senate Committees on Appropriations and make the report
publically available on its website.
(f)
Certification
The Secretary of Transportation shall certify in writing in a manner addressing the Inspector
General's findings and recommendations in subsection (d)(1) and (e)(1) of
this section that the Secretary has met the requirements as described in
section (c) and (d).
(g)
Paperwork reduction act exception
The study and the Office of the Inspector General reviews shall not be subject to section 3506 or
3507 of title 44, United States
Code.
National highway traffic safety
administration
Operations and research
For expenses necessary to discharge the
functions of the Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of title 49, United
States Code, $134,500,000, of which
$20,000,000 shall remain available through
September 30, 2016.
Operations and
research
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust fund)
For payment of obligations incurred in
carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $138,500,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended:
Provided, That none of the funds in
this Act shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2015, are in excess of
$138,500,000, of which
$133,500,000 shall be for programs authorized
under 23 U.S.C. 403 and $5,000,000 shall be for
the National Driver Register authorized under chapter 303 of title 49, United
States Code:
Provided further, That
within the $133,500,000 obligation limitation
for operations and research, $20,000,000 shall
remain available until September 30, 2016, and shall be in addition to the
amount of any limitation imposed on obligations for future years:
Provided further, That
$20,000,000 of the total obligation limitation
for operations and research in fiscal year 2015 shall be applied toward
unobligated balances of contract authority provided in prior Acts for carrying
out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States
Code.
Highway
traffic safety grants
(liquidation of contract
authorization)
(limitation on
obligations)
(highway
trust fund)
For payment of obligations incurred in
carrying out provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law
109–59, as amended by Public Law 112–141, and section 31101(a)(6) of Public Law
112–141, to remain available until expended,
$561,500,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in
this Act shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2015, are in excess of
$561,500,000 for programs authorized under 23
U.S.C. 402 and 405, section 2009 of Public Law 109–59, as amended by Public Law
112–141, and section 31101(a)(6) of Public Law 112–141, of which
$235,000,000 shall be for Highway Safety
Programs under 23 U.S.C. 402;
$272,000,000 shall be for National
Priority Safety Programs under 23 U.S.C. 405;
$29,000,000 shall be for High Visibility
Enforcement Program under section 2009 of Public Law 109–59, as amended
by Public Law 112–141; $25,500,000 shall be for
Administrative Expenses under section 31101(a)(6) of Public Law
112–141:
Provided further, That
none of these funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for State, local or
private buildings or structures:
Provided further, That
not to exceed $500,000 of the funds made
available for National Priority Safety Programs under 23 U.S.C.
405 for Impaired Driving Countermeasures (as described in
subsection (d) of that section) shall be available for technical assistance to
the States:
Provided further, That
with respect to the Transfers provision under 23 U.S.C.
405(a)(1)(G), any amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for such amounts:
Provided further, That
the Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(1)(G) within 60
days.
Administrative provisions—national highway
traffic safety administration
140. An additional
$130,000 shall be made available to the National
Highway Traffic Safety Administration, out of the amount limited for
section
402 of title 23, United States Code, to pay for travel and related
expenses for
State management reviews and to pay for core competency development
training
and related expenses for highway safety staff.
141. The limitations on obligations for the
programs of the National Highway Traffic Safety Administration set in this
Act
shall not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation
authority has not lapsed or been used.
142. None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.
Federal railroad
administration
Safety and operations
For necessary expenses of the Federal
Railroad Administration, not otherwise provided for,
$191,250,000, of which
$15,400,000 shall remain available until
expended.
Railroad research and
development
For necessary
expenses for railroad research and development,
$40,730,000, to remain available until
expended.
Railroad rehabilitation and improvement
financing program
The
Secretary of Transportation is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, such
authority to exist as long as any such direct loan or loan guarantee is
outstanding:
Provided, That, pursuant to section
502 of such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during fiscal
year 2015.
Grants to the National Railroad Passenger
Corporation
To enable the
Secretary of Transportation to make grants to the National Railroad Passenger
Corporation as authorized by the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110–432, hereafter referred to as such
law for purposes of this heading),
$1,390,000,000, to remain available until
expended:
Provided, That of the amounts
available under this heading, up to $149,000,000
shall be for debt service obligations, up to
$350,000,000 shall be for the operation of
intercity passenger rail, and not less than
$50,000,000 shall be made available to bring
Amtrak served facilities and stations into compliance with the Americans with
Disabilities Act:
Provided further, That
after an initial distribution of up to
$200,000,000, which shall be used by Amtrak as a
working capital account, all remaining capital and debt service funds shall be
provided only on a reimbursable basis:
Provided further, That
funding for the operation of intercity passenger rail, as authorized by section
101 of such law, shall be distributed no more frequently than
quarterly: Provided further,
That the Secretary may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management and oversight of
activities authorized by subsections 101(a) and 101(c) of such law:
Provided further, That
in addition to the project management oversight funds authorized under section
101(d) of such law, the Secretary may retain up to an additional one-half of 1
percent of the funds provided under this heading to fund expenses associated
with section 24905 of title 49, United States Code:
Provided further, That
not later than 60 days after the date of enactment of this Act, the Corporation
shall transmit, in electronic format, to the House and Senate Committees on
Appropriations a business plan and 5-year Financial Plan for fiscal year 2015
as required under section 204 of such law.
Administrative provisions—federal railroad
administration
150. Hereafter, notwithstanding any other
provision of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available to said
Corporation in the event that the Corporation contracts to have services
provided at or from any location outside the United States. For purposes
of
this section, the word services shall mean any service that was,
as of July 1, 2006, performed by a full-time or part-time Amtrak employee
whose
base of employment is located within the United States.
151. The Secretary of Transportation may receive
and expend cash, or receive and utilize spare parts and similar items,
from
non-United States Government sources to repair damages to or replace
United
States Government owned automated track inspection cars and equipment as a
result of third-party liability for such damages, and any amounts
collected
under this section shall be credited directly to the Safety and Operations
account of the Federal Railroad Administration, and shall remain available
until expended for the repair, operation and maintenance of automated
track
inspection cars and equipment in connection with the automated track
inspection
program.
152. The amounts available to the National
Railroad Passenger Corporation for the operation of intercity passenger
rail
shall be available for distribution by the Secretary only after receiving
and
reviewing a grant request for each specific train route accompanied by a
detailed financial analysis, revenue projection, and capital asset plan
justifying the Federal support to the Secretary's satisfaction.
153. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any overtime costs in
excess
of $35,000 for any individual employee:
Provided, That the president of
Amtrak may waiver the cap set in the previous proviso for specific
employees
when the president of Amtrak determines such a cap poses a risk to the
safety
and operational efficiency of the system:
Provided further,
That Amtrak shall notify the House and Senate Committee on Appropriations
within 30 days of waiving such cap and delineate the reasons for such
waiver.
Federal transit
administration
Administrative
expenses
For necessary
administrative expenses of the Federal Transit Administration’s programs
authorized by chapter 53 of title 49, United States Code,
$110,500,000, of which not less than
$7,000,000 shall be available to carry out the
provisions of 49 U.S.C. 5329:
Provided, That none of the funds
provided or limited in this Act may be used to create a permanent office of
transit security under this heading:
Provided further, That
upon submission to the Congress of the fiscal year 2016 President’s budget, the
Secretary of Transportation shall transmit to Congress the annual report on New
Starts, including proposed allocations for fiscal year
2016.
Transit
formula grants
(liquidation of contract
authorization)
(limitation on
obligations)
(highway trust
fund)
For payment of
obligations incurred in the Federal Public Transportation Assistance Program in
this account, and for payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6),
5335, 5337, 5339, and 5340, as amended by Public Law 112–141; and section
20005(b) of Public Law 112–141, $9,500,000,000,
to be derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended:
Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by Public Law 112–141, and section 20005(b) of Public Law 112–141,
shall not exceed total obligations of
$8,595,000,000 in fiscal year
2015.
Transit research
For necessary expenses to carry out 49
U.S.C. 5312 and 5313, $33,000,000, to remain
available until expended:
Provided, That
$30,000,000 shall be for activities authorized
under 49 U.S.C. 5312 and $3,000,000 shall be for
activities authorized under 49 U.S.C. 5313.
Technical Assistance and
Training
For necessary
expenses to carry out 49 U.S.C. 5314 and 5322(a), (b) and (e),
$5,500,000, to remain available until expended:
Provided, That
$5,000,000 shall be for activities authorized
under 49 U.S.C. 5314 and $500,000 shall be for
activities authorized under 49 U.S.C. 5322(a), (b) and
(e).
Capital investment
grants
For necessary expenses to carry out 49
U.S.C. 5309, $2,161,000,000, to remain available
until expended.
Grants to
the washington metropolitan area transit authority
For
grants to the Washington Metropolitan Area Transit Authority as authorized
under section 601 of division B of Public Law 110–432,
$150,000,000, to remain available until
expended:
Provided, That the Secretary shall
approve grants for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after receiving and
reviewing a request for each specific project:
Provided further, That
prior to approving such grants, the Secretary shall certify that the Washington
Metropolitan Area Transit Authority is making significant progress in
eliminating the material weaknesses, significant deficiencies, and minor
control deficiencies identified in the most recent Financial Management
Oversight Review:
Provided further, That
the Secretary shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments that will
improve the safety of the system before approving such grants:
Provided further,
That the Secretary, in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of title VI of Public Law 110–432
(112 Stat. 4968).
Administrative provisions—federal transit
administration
160. The limitations on obligations for the
programs of the Federal Transit Administration shall not apply to any
authority
under 49 U.S.C. 5338, previously made available for obligation, or to any
other
authority previously made available for obligation.
161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the Federal Transit
Administration's discretionary program appropriations headings for
projects
specified in this Act or identified in reports accompanying this Act not
obligated by September 30, 2019, and other recoveries, shall be directed
to
projects eligible to use the funds for the purposes for which they were
originally provided.
162. Notwithstanding any other provision of law,
any funds appropriated before October 1, 2014, under any section of
chapter 53
of title 49, United States Code, that remain available for expenditure,
may be
transferred to and administered under the most recent appropriation
heading for
any such section.
163. Hereafter, the Secretary may not enforce
regulations related to charter bus service under part 604 of title 49,
Code of
Federal Regulations, for any transit agency that during fiscal year 2008
was
both initially granted a 60-day period to come into compliance with part
604,
and then was subsequently granted an exception from said part.
164. For purposes of applying the project
justification and local financial commitment criteria of 49 U.S.C. 5309(d)
to a
New Starts project, the Secretary may consider the costs and ridership of
any
connected project in an instance in which private parties are making
significant financial contributions to the construction of the connected
project; additionally, the Secretary may consider the significant
financial
contributions of private parties to the connected project in calculating
the
non-Federal share of net capital project costs for the New Starts
project.
165. In developing guidance implementing 49
U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall
consider
projects eligible under section 5309(h) Small Starts Projects, including
streetcars.
166. New bus rapid transit projects recommended
in the President's budget submission to the Congress of the United States
for
funds appropriated under the heading Capital investment grants
in this Act shall be funded from $20,000,000 in
unobligated amounts that were made available to carry out the
discretionary bus
and bus facilities program under 49 U.S.C. 5309 in fiscal years 1984
through
2012:
Provided, That all such projects
shall remain subject to the Capital Investment Grants Program requirements
of
49 U.S.C. 5309 for New Starts, Small Starts, or Core Capacity projects as
applicable.
Saint lawrence seaway development
corporation
The Saint Lawrence
Seaway Development Corporation is hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current fiscal
year.
Operations and
maintenance
(harbor maintenance trust
fund)
For necessary expenses
to conduct the operations, maintenance, and capital asset renewal activities of
those portions of the St. Lawrence Seaway owned, operated, and maintained by
the Saint Lawrence Seaway Development Corporation,
$31,500,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99–662, and of which
$14,300,000 shall remain available until
September 30, 2017, for the Asset Renewal
Program.
Maritime
administration
Maritime security program
For necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs of the
United States, $186,000,000, to remain available
until expended.
Operations and
training
For necessary expenses of operations and
training activities authorized by law,
$149,900,000, of which
$11,300,000 shall remain available until
expended for maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain
available through September 30, 2016, for the Student Incentive Program at
State Maritime Academies, and of which
$1,200,000 shall remain available until expended
for training ship fuel assistance payments, and of which
$15,954,000 shall remain available until
expended for facilities maintenance and repair, equipment, and capital
improvements at the United State Merchant Marine Academy, and of which
$3,000,000 shall remain available through
September 16, 2016, for Maritime Environment and Technology Assistance grants
and cooperative agreement:
Provided, That amounts apportioned
for the United States Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation or the Assistant
Secretary for Budget and Programs:
Provided further, That
the Superintendent, Deputy Superintendent and the Director of the Office of
Resource Management of the United State Merchant Marine Academy may not be
allotment holders for the United States Merchant Marine Academy, and the
Administrator of the Maritime Administration shall hold all allotments made by
the Secretary of Transportation or the Assistant Secretary for Budget and
Programs under the previous proviso:
Provided further, That
50 percent of the funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the Secretary, in
consultation with the Superintendent and the Maritime Administrator, completes
a plan detailing by program or activity how such funding will be expended at
the Academy, and this plan is submitted to the House and Senate Committees on
Appropriations:Provided
further, That not later than January 12, 2015, the
Administrator of the Maritime Administration shall transmit to Congress the
biennial survey and report on sexual assault and sexual harassment at the
United States Merchant Marine Academy as required pursuant to section 3507 of
Public Law 110–417:Provided
further, That the amount herein appropriated shall be
reduced by $100,000 for each day after January
12, 2015 that such report has not been submitted to the
Congress.
Ship disposal
For necessary expenses related to the
disposal of obsolete vessels in the National Defense Reserve Fleet of the
Maritime Administration, $4,800,000, to remain
available until expended.
Maritime guaranteed loan (title xi) program
account
(including transfer of funds)
For the cost of guaranteed loans, as
authorized, $7,100,000, of which
$4,000,000 shall remain available until
expended:
Provided, That such costs,
including the cost of modifying such loans, shall be defined in section 502 of
the Congressional Budget Act of 1974, as amended:
Provided further, That
not to exceed $3,100,000 shall be available for
necessary administrative expenses to carry out the maritime guaranteed loan
program, which shall be paid to the appropriations for Operations and
Training, Maritime Administration.
Administrative provisions—maritime
administration
170. Notwithstanding any other provision of this
Act, the Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any lease,
contract, or
occupancy involving Government property under control of the Maritime
Administration:
Provided, That payments received
therefor shall be credited to the appropriation charged with the cost
thereof
and shall remain available until expended:
Provided further,
That rental payments under any such lease, contract, or occupancy for
items
other than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Pipeline and hazardous materials safety
administration
Operational
expenses
(pipeline safety
fund)
(including transfer of funds)
For necessary operational expenses of the
Pipeline and Hazardous Materials Safety Administration,
$22,225,000:
Provided, That
$1,500,000 shall be transferred to
Pipeline Safety in order to fund Pipeline Safety
Information Grants to Communities as authorized under section 60130 of
title 49, United States Code.
Hazardous
materials safety
For expenses
necessary to discharge the hazardous materials safety functions of the Pipeline
and Hazardous Materials Safety Administration,
$52,000,000, of which
$7,000,000 shall remain available until
September 30, 2017:
Provided, That up to
$800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as offsetting
receipts:
Provided further, That
there may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
Pipeline
safety
(pipeline
safety fund)
(oil
spill liability trust fund)
(pipeline safety design review
fund)
For expenses necessary
to conduct the functions of the pipeline safety program, for grants-in-aid to
carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to
discharge the pipeline program responsibilities of the Oil Pollution Act of
1990, $158,000,000, of which
$19,500,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30, 2017; and
of which $136,500,000 shall be derived from the
Pipeline Safety Fund, of which $78,309,000 shall
remain available until September 30, 2017; and of which
$2,000,000, to remain available until expended,
shall be derived from the Pipeline Safety Design Review
Fund.
Emergency preparedness
grants
(emergency preparedness fund)
For necessary expenses to carryout 49 U.S.C.
5128(b), $188,000 to be derived from the
Emergency Preparedness Fund, to remain available until September 30, 2016:
Provided, That notwithstanding the
fiscal year limitation specified in 49 U.S.C. 5116, not more than
$28,318,000 shall be made available for
obligation in fiscal year 2015 from amounts made available by 49 U.S.C.
5116(i), and 5128(b) and (c):
Provided further, That
none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c)
shall be made available for obligation by individuals other than the Secretary
of Transportation, or his designee:
Provided further, That
notwithstanding 49 U.S.C. 5128(b) and (c) and the current year obligation
limitation, prior year recoveries recognized in the current year shall be
available to develop a hazardous materials response training curriculum for
emergency responders, including response activities for crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available through an
electronic format and a competitive process to non-profit organizations to
train public sector employees to respond to an accident or incident involving
the transportation of hazardous materials.
Administrative
Provisions—Pipeline and Hazardous Materials Safety
Administration
180. Subsection (i)(4) of section 5116 of title
49, United States Code, is amended by striking 2 percent and
inserting 4 percent.
181. Notwithstanding section 60117(n)(1)(B) of
title 49, United States Code, the Secretary may require the person
proposing
any project with design and construction costs over
$2,500,000,000 for the construction, expansion,
or operation of a gas or hazardous liquid pipeline facility or liquefied
natural gas pipeline facility to pay the costs incurred by the Secretary
relating to a facility design safety review.
182. The Secretary is directed to initiate a rulemaking or alternative risk-based compliance regime for
the siting of small-scale liquefaction facilities that generate and
package liquefied natural gas for use as a transportation fuel for
domestic delivery via non-pipeline means. The rulemaking or alternative
risk-based compliance regime should incorporate the 2013 National Fire
Protection Association Standard 59A and industry best practices while
ensuring appropriate public safety protections.
Office of inspector
general
Salaries and
expenses
For necessary
expenses of the Office of the Inspector General to carry out the provisions of
the Inspector General Act of 1978, as amended,
$86,223,000:
Provided, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
Department:
Provided further, That
the funds made available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and foreign
air carriers and ticket agents; and (2) the compliance of domestic and foreign
air carriers with respect to item (1) of this
proviso.
Surface transportation
board
Salaries and expenses
For necessary expenses of the Surface
Transportation Board, including services authorized by 5 U.S.C. 3109,
$31,500,000:
Provided, That notwithstanding any
other provision of law, not to exceed $1,250,000
from fees established by the Chairman of the Surface Transportation Board shall
be credited to this appropriation as offsetting collections and used for
necessary and authorized expenses under this heading:
Provided further, That
the sum herein appropriated from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received during
fiscal year 2014, to result in a final appropriation from the general fund
estimated at no more than
$30,250,000.
General provisions—Department of
transportation
190. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor vehicles
and
aircraft; purchase of liability insurance for motor vehicles operating in
foreign countries on official department business; and uniforms or
allowances
therefor, as authorized by law (5 U.S.C. 5901–5902).
191. Appropriations contained in this Act for
the Department of Transportation shall be available for services as
authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate
equivalent to the rate for an Executive Level IV.
192. None of the funds in this Act shall be
available for salaries and expenses of more than 110 political and
Presidential
appointees in the Department of Transportation:
Provided, That none of the
personnel covered by this provision may be assigned on temporary detail
outside
the Department of Transportation.
193.
(a) No recipient of funds made available in
this Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18
U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the
Secretary shall not withhold funds provided in this Act for any grantee if
a
State is in noncompliance with this provision.
194. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities,
and private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's Federal-Aid
Highways account, the Federal Transit Administration's Technical
Assistance and Training account, and to the Federal Railroad
Administration's Safety and Operations account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
195. None of the funds in this Act to the
Department of Transportation may be used to make a grant unless the
Secretary
of Transportation notifies the House and Senate Committees on
Appropriations
not less than 3 full business days before any project competitively
selected to
receive a discretionary grant award, any discretionary grant award, letter
of
intent, or full funding grant agreement is announced by the department or
its
modal administrations from:
(1) any discretionary grant program of the
Federal Highway Administration including the emergency relief program;
(2) the airport improvement program of the
Federal Aviation Administration;
(3) any program of the Federal Railroad
Administration;
(4) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization
programs;
(5) any program of the Maritime Administration;
or
(6) any funding provided under the headings
National Infrastructure Investments in this Act:
Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any quick release of funds from the emergency
relief program:
Provided further,
That no notification shall involve funds that are not available for
obligation.
196. Rebates, refunds, incentive payments, minor
fees and other funds received by the Department of Transportation from
travel
management centers, charge card programs, the subleasing of building
space, and
miscellaneous sources are to be credited to appropriations of the
Department of
Transportation and allocated to elements of the Department of
Transportation
using fair and equitable criteria and such funds shall be available until
expended.
197. Amounts made available in this or any other
Act that the Secretary determines represent improper payments by the
Department
of Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available—
(1) to reimburse the actual expenses incurred
by the Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in the implementation
of the
Improper Payments Information Act of 2002:
Provided, That amounts in excess
of that required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the
appropriation from which the improper payments were made, and shall be
available for the purposes and period for which such appropriations are
available:
Provided further,
That where specific project or accounting information associated with the
improper payment or payments is not readily available, the Secretary may
credit
an appropriate account, which shall be available for the purposes and
period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous receipts:
Provided further,
That prior to the transfer of any such recovery to an appropriations
account,
the Secretary shall notify the House and Senate Committees on
Appropriations of
the amount and reasons for such transfer:
Provided further,
That for purposes of this section, the term improper payments
has the same meaning as that provided in section 2(d)(2) of Public Law
107–300.
198. Notwithstanding any other provision of law,
if any funds provided in or limited by this Act are subject to a
reprogramming
action that requires notice to be provided to the House and Senate
Committees
on Appropriations, transmission of said reprogramming notice shall be
provided
solely to the Committees on Appropriations, and said reprogramming action
shall
be approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may
provide notice to other congressional committees of the action of the
Committees on Appropriations on such reprogramming but not sooner than 30
days
following the date on which the reprogramming action has been approved or
denied by the House and Senate Committees on Appropriations.
199. None of the funds appropriated or otherwise
made available under this Act may be used by the Surface Transportation
Board
of the Department of Transportation to charge or collect any filing fee
for
rate or practice complaints filed with the Board in an amount in excess of
the
amount authorized for district court civil suit filing fees under section
1914
of title 28, United States Code.
199A. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs
related to assessments or reimbursable agreements only when such amounts
are
for the costs of goods and services that are purchased to provide a direct
benefit to the applicable modal administration or administrations.
199B. The Secretary of Transportation is
authorized to carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit benefits
authorized
under section 7905 of title 5, United States Code, including distribution
of
transit benefits by various paper and electronic media.
This title may be cited as the
Department of Transportation Appropriations Act, 2015.
II
Department of housing and urban
development
Management and
administration
Executive
offices
For necessary salaries
and expenses for Executive Offices, which shall be comprised of the offices of
the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships,
$14,700,000:
Provided, That not to exceed
$25,000 of the amount made available under this
heading shall be available to the Secretary for official reception and
representation expenses as the Secretary may
determine.
Administrative support
offices
For necessary salaries
and expenses for Administrative Support Offices,
$519,867,000, of which not to exceed
$48,000,000 shall be available for the Office of
the Chief Financial Officer; not to exceed
$94,640,000 shall be available for the Office of
the General Counsel; not to exceed $198,800,000
shall be available for the Office of Administration; not to exceed
$58,000,000 shall be available for the Office of
the Chief Human Capital Officer; not to exceed
$51,135,000 shall be available for the Office of
Field Policy and Management; not to exceed
$16,330,000 shall be available for the Office of
the Chief Procurement Officer; not to exceed
$3,202,000 shall be available for the Office of
Departmental Equal Employment Opportunity; not to exceed
$4,560,000 shall be available for the Office of
Strategic Planning and Management; and not to exceed
$45,200,000 shall be available for the Office of
the Chief Information Officer:
Provided, That funds provided under
this heading may be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development, not otherwise
provided for, including purchase of uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; and
services as authorized by 5 U.S.C. 3109:
Provided further, That
notwithstanding any other provision of law, funds appropriated under this
heading may be used for advertising and promotional activities that support the
housing mission area:
Provided further, That
the Secretary shall provide the Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That
the Secretary shall provide in electronic form all signed reports required by
Congress.
Program office salaries and
expenses
Public and indian housing
For necessary salaries and expenses of the
Office of Public and Indian Housing,
$205,525,000.
Community planning and
development
For necessary
salaries and expenses of the Office of Community Planning and Development,
$103,300,000.
Housing
For necessary salaries and expenses of the
Office of Housing, $386,677,000, of which at
least $9,000,000 shall be for the Office of Risk
and Regulatory Affairs.
Policy development and
research
For necessary
salaries and expenses of the Office of Policy Development and Research,
$22,300,000.
Fair housing and equal
opportunity
For necessary
salaries and expenses of the Office of Fair Housing and Equal Opportunity,
$69,700,000.
Office of lead hazard control and healthy
homes
For necessary salaries
and expenses of the Office of Lead Hazard Control and Healthy Homes,
$7,075,000.
Public and indian
housing
Rental
Assistance Demonstration
For
continuing activities under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112–55), and in accordance with guidance
issued by the Secretary, $10,000,000, to remain
available through September 30, 2018:
Provided, That such funds shall
only be available to properties converting from assistance under section 9 of
the United States Housing Act of 1937 (42 U.S.C.
1437g).
Tenant-based rental
assistance
For activities and assistance for the
provision of tenant-based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (the
Act herein), not otherwise provided for,
$15,562,160,000, to remain available until
expended, shall be available on October 1, 2014 (in addition to the
$4,000,000,000 previously appropriated under
this heading that shall be available on October 1, 2014), and
$4,000,000,000, to remain available until
expended, shall be available on October 1, 2015:
Provided, That the amounts made
available under this heading are provided as
follows:
(1) $17,719,000,000
shall be available for renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section 8(t) of the
Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding
any other provision of law, from amounts provided under this paragraph and
any
carryover, the Secretary for the calendar year 2015 funding cycle shall
provide
renewal funding for each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior calendar year
and
by applying an inflation factor as established by the Secretary, by notice
published in the Federal Register, and by making any necessary adjustments
for
the costs associated with the first-time renewal of vouchers under this
paragraph including tenant protection, HOPE VI, and Choice Neighborhoods
vouchers:
Provided further,
That in determining calendar year 2015 funding allocations under this
heading
for public housing agencies, including agencies participating in the
Moving To
Work (MTW) demonstration, the Secretary may take into account the
anticipated
impact of changes in targeting and utility allowances, on public housing
agencies' contract renewal needs:
Provided further,
That none of the funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a public housing
agency's
authorized level of units under contract, except for public housing
agencies
participating in the MTW demonstration, which are instead governed by the
terms
and conditions of their MTW agreements:
Provided further,
That the Secretary shall, to the extent necessary to stay within the
amount
specified under this paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation otherwise
established pursuant to this paragraph:
Provided further,
That except as provided in the following provisos, the entire amount
specified
under this paragraph (except as otherwise modified under this paragraph)
shall
be obligated to the public housing agencies based on the allocation and
pro
rata method described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after enactment
of
this Act or March 1, 2015:
Provided further,
That the Secretary may extend the notification period with the prior
written
approval of the House and Senate Committees on Appropriations:
Provided further,
That public housing agencies participating in the MTW demonstration shall
be
funded pursuant to their MTW agreements and shall be subject to the same
pro
rata adjustments under the previous provisos:
Provided further,
That the Secretary may offset public housing agencies' calendar year 2015
allocations based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD held programmatic reserves (in
accordance with VMS data in calendar year 2014 that is verifiable and
complete), as determined by the Secretary:
Provided further,
That public housing agencies participating in the MTW demonstration shall
also
be subject to the offset, as determined by the Secretary, excluding
amounts
subject to the single fund budget authority provisions of their MTW
agreements,
from the agencies’ calendar year 2015 MTW funding allocation:
Provided further,
That the Secretary shall use any offset referred to in the previous two
provisos throughout the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding, as
determined by
the Secretary, and to avoid or reduce the proration of renewal funding
allocations:
Provided further,
That up to $75,000,000 shall be available only:
(1) for adjustments in the allocations for public housing agencies, after
application for an adjustment by a public housing agency that experienced
a
significant increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in use during the
12-month period in order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs associated with
HUD-Veterans Affairs Supportive Housing (HUD–VASH) vouchers; and (4) for
public
housing agencies that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to terminate
rental
assistance for families as a result of insufficient funding:
Provided further,
That the Secretary shall allocate amounts under the previous proviso based
on
need, as determined by the Secretary;
(2) $130,000,000
shall be for section 8 rental assistance for relocation and replacement of
housing units that are demolished or disposed of pursuant to section 18 of
the
Act, conversion of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and
assisted
housing pursuant to a request from a law enforcement or prosecution
agency,
enhanced vouchers under any provision of law authorizing such assistance
under
section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory
and voluntary conversions, and tenant protection assistance including
replacement and relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants currently residing
in
section 202 properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106–569, as amended, or under the authority as
provided
under this Act:
Provided, That when a public
housing development is submitted for demolition or disposition under
section 18
of the Act, the Secretary may provide section 8 rental assistance when the
units pose an imminent health and safety risk to residents:
Provided further,
That the Secretary may only provide replacement vouchers for units that
were
occupied within the previous 24 months that cease to be available as
assisted
housing, subject only to the availability of funds:
Provided further,
That of the amounts made available under this paragraph,
$5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay rents
greater
than 30 percent of household income, as the result of (1) the maturity of
a
HUD-insured, HUD-held or section 202 loan that requires the permission of
the
Secretary prior to loan prepayment; (2) the expiration of a rental
assistance
contract for which the tenants are not eligible for enhanced voucher or
tenant
protection assistance under existing law; or (3) the expiration of
affordability restrictions accompanying a mortgage or preservation program
administered by the Secretary:
Provided further,
That such tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or section
8(o)(13)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)):
Provided further,
That the Secretary shall issue guidance to implement the previous
provisos,
including, but not limited to, requirements for defining eligible at-risk
households within 120 days of the enactment of this Act:
Provided further,
That any tenant protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency, except the
replacement vouchers as defined by the Secretary by notice, when the
initial
family that received any such voucher no longer receives such voucher, and
the
authority for any public housing agency to issue any such voucher shall
cease
to exist:
Provided further,
That the Secretary, for the purpose under this paragraph, may use
unobligated
balances, including recaptures and carryovers, remaining from amounts
appropriated in prior fiscal years under this heading for voucher
assistance
for nonelderly disabled families and for disaster assistance made
available
under Public Law 110–329;
(3) $1,555,000,000
shall be for administrative and other expenses of public housing agencies
in
administering the section 8 tenant-based rental assistance program, of
which up
to $10,000,000 shall be available to the
Secretary to allocate to public housing agencies that need additional
funds to
administer their section 8 programs, including fees associated with
section 8
tenant protection rental assistance, the administration of disaster
related
vouchers, Veterans Affairs Supportive Housing vouchers, and other special
purpose incremental vouchers:
Provided, That no less than
$1,545,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the calendar
year
2015 funding cycle based on section 8(q) of the Act (and related
Appropriation
Act provisions) as in effect immediately before the enactment of the
Quality
Housing and Work Responsibility Act of 1998 (Public Law 105–276):
Provided further,
That if the amounts made available under this paragraph are insufficient
to pay
the amounts determined under the previous proviso, the Secretary may
decrease
the amounts allocated to agencies by a uniform percentage applicable to
all
agencies receiving funding under this paragraph or may, to the extent
necessary
to provide full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and carryovers,
remaining
from funds appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special purpose
vouchers,
notwithstanding the purposes for which such amounts were appropriated:
Provided further,
That all public housing agencies participating in the MTW demonstration
shall
be funded pursuant to their MTW agreements, and shall be subject to the
same
uniform percentage decrease as under the previous proviso:
Provided further,
That amounts provided under this paragraph shall be only for activities
related
to the provision of tenant-based rental assistance authorized under
section 8,
including related development activities;
(4) $83,160,000
for the renewal of tenant-based assistance contracts under section 811 of
the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
including
necessary administrative expenses:
Provided, That administrative and
other expenses of public housing agencies in administering the special
purpose
vouchers in this paragraph shall be funded under the same terms and be
subject
to the same pro rata reduction as the percent decrease for administrative
and
other expenses to public housing agencies under paragraph (3) of this
heading;
(5) $75,000,000
for incremental rental voucher assistance for use through a supported
housing
program administered in conjunction with the Department of Veterans
Affairs as
authorized under section 8(o)(19) of the United States Housing Act of
1937:
Provided, That the Secretary of
Housing and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this title, to
public
housing agencies that partner with eligible VA Medical Centers or other
entities as designated by the Secretary of the Department of Veterans
Affairs,
based on geographical need for such assistance as identified by the
Secretary
of the Department of Veterans Affairs, public housing agency
administrative
performance, and other factors as specified by the Secretary of Housing
and
Urban Development in consultation with the Secretary of the Department of
Veterans Affairs:
Provided further,
That the Secretary of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute or
regulation
that the Secretary of Housing and Urban Development administers in
connection
with the use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor standards,
and
the environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery and
administration of such voucher assistance:
Provided further,
That the Secretary shall set aside an amount provided under this paragraph
for
a rental assistance and supportive housing demonstration program for
Native
American veterans that are homeless or at-risk of homelessness living on
or
near a reservation or other Indian areas:
Provided further,
That such demonstration program shall be modeled after, with necessary and
appropriate adjustments for Native American grant recipients and veterans,
the
rental assistance and supportive housing program funded under this
paragraph,
including administration in conjunction with the Department of Veterans
Affairs
and overall implementation of section 8(o)(19) of the Act:
Provided further,
That amounts for rental assistance and associated administrative costs
shall be
made available by grants to recipients eligible to receive block grants
under
the Native American Housing Assistance and Self-Determination Act of 1996
(25
U.S.C. section 4101 et seq.):
Provided further,
That funds shall be awarded based on need, administrative capacity, and
any
other funding criteria established by the Secretary in a Notice published
in
the Federal Register after coordination with the Secretary of the
Department of
Veterans Affairs within 180 days of enactment of this Act:
Provided further,
That such rental assistance shall be administered by block grant
recipients in
accordance with program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996:
Provided further,
That the second and third provisos under this paragraph shall apply to use
of
funds made available for this demonstration, as appropriate:
Provided further,
That the Secretary, in coordination with the Secretary of the Department
of
Veterans Affairs, shall coordinate with block grant recipients and any
other
appropriate tribal organizations on the design of such demonstration and
shall
ensure the effective delivery of supportive services to Native American
veterans that are homeless or at-risk of homelessness eligible to receive
assistance under this demonstration:
Provided further,
That grant recipients shall report to the Secretary, as prescribed by the
Secretary, utilization of such rental assistance provided under this
demonstration:
Provided further,
That assistance made available under this paragraph shall continue to
remain
available for homeless veterans upon turn-over; and
(6) The Secretary shall separately track all
special purpose vouchers funded under this heading.
Housing certificate
fund
(including
rescissions)
Unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading Annual
Contributions for Assisted Housing and the heading Project-Based
Rental Assistance, for fiscal year 2015 and prior years may be used for
renewal of or amendments to section 8 project-based contracts and for
performance-based contract administrators, notwithstanding the purposes for
which such funds were appropriated:
Provided, That any obligated
balances of contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded:
Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth under this heading,
in addition to amounts otherwise available.
Public housing capital
fund
For the Public Housing Capital Fund Program
to carry out capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the Act) $1,900,000,000,
to remain available until September 30, 2018:
Provided, That notwithstanding any
other provision of law or regulation, during fiscal year 2015 the Secretary of
Housing and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section:
Provided further, That
for purposes of such section 9(j), the term obligate means, with
respect to amounts, that the amounts are subject to a binding agreement that
will result in outlays, immediately or in the future:
Provided further, That
up to $5,000,000 shall be to support ongoing
Public Housing Financial and Physical Assessment activities:
Provided further, That
up to $3,000,000 shall be to support the costs
of administrative and judicial receiverships:
Provided further, That
of the total amount provided under this heading, not to exceed
$23,000,000 shall be available for the Secretary
to make grants, notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and security measures
necessary to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the Robert T.
Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2015:
Provided further, That
of the amount made available under the previous proviso, not less than
$6,000,000 shall be for safety and security
measures:
Provided further, That
of the total amount provided under this heading
$45,000,000 shall be for supportive services,
service coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.):
Provided further, That
of the total amount made available under this heading, up to
$15,000,000 may be used for incentives as part
of a Jobs-Plus Pilot initiative modeled after the Jobs-Plus demonstration:
Provided further, That
the funding provided under the previous proviso shall provide competitive
grants to partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce Investment Act
of 1998, and other agencies and organizations that provide support to help
public housing residents obtain employment and increase earnings:
Provided further, That
applicants must demonstrate the ability to provide services to residents,
partner with workforce investment boards, and leverage service dollars:
Provided further, That
the Secretary may set aside a portion of the funds provided for the Resident
Opportunity and Self-Sufficiency program to support the services element of the
Jobs-Plus Pilot initiative:
Provided further, That
the Secretary may allow PHAs to request exemptions from rent and income
limitation requirements under sections 3 and 6 of the United States Housing Act
of 1937 as necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the Secretary that
any such waivers or alternative requirements are necessary for the effective
implementation of the Jobs-Plus Pilot initiative as a voluntary program for
residents:
Provided further, That
the Secretary shall publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no later than 10
days before the effective date of such notice:
Provided further, That
for funds provided under this heading, the limitation in section 9(g)(1)(A) of
the
Act shall be 30 percent:
Provided further, That
the Secretary may waive the limitation in the previous proviso to allow public
housing agencies to fund activities authorized under section 9(e)(1)(C) of the
Act:
Provided further, That
from the funds made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2015 to public housing agencies that are designated
high performers:
Provided further, That
the Department shall notify public housing agencies of their formula allocation
within 60 days of enactment of this Act.
Public housing operating
fund
For 2015 payments to public housing agencies
for the operation and management of public housing, as authorized by section
9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,475,000,000.
Choice neighborhoods
initiative
For competitive
grants under the Choice Neighborhoods Initiative (subject to section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise specified
under this heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public assets, transportation
and access to jobs, $90,000,000, to remain
available until September 30, 2017:
Provided, That grant funds may be
used for resident and community services, community development, and affordable
housing needs in the community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided
further, That the use of funds made available under this
heading shall not be deemed to be public housing notwithstanding section
3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period
of affordability determined by the Secretary of not fewer than 20 years:
Provided further, That
grantees shall undertake comprehensive local planning with input from residents
and the community, and that grantees shall provide a match in State, local,
other Federal or private funds:
Provided further, That
grantees may include local governments, tribal entities, public housing
authorities, and nonprofits:
Provided further, That
for-profit developers may apply jointly with a public entity:
Provided further, That
for purposes of environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That
of the amount provided, not less than
$55,000,000 shall be awarded to public housing
authorities:
Provided further, That
such grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations:
Provided further, That
the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the
Attorney General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That
no more than $5,000,000 of funds made available
under this heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or implementing other
revitalization efforts in conjunction with community notice and input:
Provided further, That
the Secretary shall develop and publish guidelines for the use of such
competitive funds, including but not limited to eligible activities, program
requirements, and performance metrics:
Provided further, That
unobligated balances, including recaptures, remaining from funds appropriated
under the heading Revitalization of Severely Distressed Public Housing
(HOPE VI) in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which such
amounts were appropriated.
Family self-sufficiency
For the Family Self-Sufficiency program to
support family self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act with
public and private resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000,
to remain available until September 30, 2016:
Provided, That the Secretary may,
by Federal Register notice, waive or specify alternative requirements under
sections b(3), b(4), b(5), or c(1) of section 23 of such Act in order to
facilitate the operation of a unified self-sufficiency program for individuals
receiving assistance under different provisions of the Act, as determined by
the Secretary:
Provided further, That
owners of a privately owned multifamily property with a section 8 contract may
voluntarily make a Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures established by the
Secretary:
Provided further, That
such procedures established pursuant to the previous proviso shall permit
participating tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual receipt accounts
to hire coordinators for their own Family Self-Sufficiency program:
Provided further, That
the Secretary may carry out a demonstration testing the effectiveness of
combining vouchers for homeless youth under the Family Unification Program
authorized under section 8(x) of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (the Act herein) with assistance under the
Family Self-Sufficiency program authorized under section 23 of the Act:
Provided further, That
the Secretary may establish alternative requirements to those contained in
section 8(x) of the Act to facilitate such a demonstration:
Provided further, That
any public housing agency that has existing Family Unification Program vouchers
and an established Family Self-Sufficiency program may participate in such
demonstration provided that they can demonstrate (1) an agreement with the
public child welfare agency or agencies to serve the target
population; (2) capacity to serve the target population; (3) the success of the
agency’s existing Family Self-Sufficiency program in serving residents; (4)
partnerships with local organizations that serve homeless youth; and (5) any
other factors established by the Secretary:
Provided further, That
the Secretary shall monitor and evaluate the demonstration and report on
whether the demonstration helped homeless youth achieve
self-sufficiency.
Native
american housing block grants
For the Native American Housing Block Grants
program, as authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$650,000,000, to remain available until
September 30, 2019:
Provided, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race census data and with the need
component based on multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting allocation amounts:
Provided further, That
of the amounts made available under this heading,
$4,000,000 shall be contracted for assistance
for a national organization representing Native American housing interests for
providing training and technical assistance to Indian housing authorities and
tribally designated housing entities as authorized under section 703 of NAHASDA
(25 U.S.C. 4212); and up to $2,000,000 shall be
to support the inspection of Indian housing units, contract expertise,
training, and technical assistance in the training, oversight, and management
of such Indian housing and tenant-based assistance, including up to
$300,000 for related travel:
Provided further, That
of the amount provided under this heading,
$2,000,000 shall be made available for the cost
of guaranteed notes and other obligations, as authorized by title VI of
NAHASDA:
Provided further, That
such costs, including the costs of modifying such notes and other obligations,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
these funds are available to subsidize the total principal amount of any notes
and other obligations, any part of which is to be guaranteed, not to exceed
$16,530,000:
Provided further, That
the Department will notify grantees of their formula allocation within 60 days
of the date of enactment of this Act.
Native hawaiian housing block
grant
For the Native Hawaiian
Housing Block Grant program, as authorized under title VIII of the Native
American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $10,000,000, to remain available until
September 30, 2019:
Provided, That of this amount,
$300,000 shall be for training and technical
assistance activities, including up to $100,000
for related travel by Hawaii-based employees of the Department of Housing and
Urban Development.
Indian housing loan guarantee fund program
account
For the cost of
guaranteed loans, as authorized by section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z–13a),
$6,000,000, to remain available until expended:
Provided, That such costs,
including the costs of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, up to $714,290,000, to
remain available until expended:
Provided further, That
up to $750,000 of this amount may be for
administrative contract expenses including management processes and systems to
carry out the loan guarantee program.
Native hawaiian housing loan guarantee fund
program account
For the cost
of guaranteed loans, as authorized by section 184A of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z–13b) and for such costs for loans used
for refinancing, $100,000, to remain available
until expended:
Provided, That such costs,
including the costs of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
these funds are available to subsidize total loan principal, any part of which
is to be guaranteed, up to $16,130,000, to
remain available until expended.
Community planning and
development
Housing
opportunities for persons with AIDS
For carrying out the Housing Opportunities
for Persons with AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $330,000,000, to
remain available until September 30, 2017, except that amounts allocated
pursuant to section 854(c)(3) of such Act shall remain available until
September 30, 2016:
Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing that initially
were funded under section 854(c)(3) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such section:
Provided further, That
the Department shall notify grantees of their formula allocation within 60 days
of enactment of this Act.
Community development
fund
For assistance to units of State and local
government, and to other entities, for economic and community development
activities, and for other purposes,
$3,090,000,000, to remain available until
September 30, 2017, unless otherwise specified:
Provided, That of the total amount
provided, $3,020,000,000 is for carrying out the
community development block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the Act herein)
(42 U.S.C. 5301 et seq.):
Provided further, That
unless explicitly provided for under this heading, not to exceed 20 percent of
any grant made with funds appropriated under this heading shall be expended for
planning and management development and administration:
Provided further, That
a metropolitan city, urban county, unit of general local government, or Indian
tribe, or insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion of such
funds to another such entity in exchange for any other funds, credits or
non-Federal considerations, but must use such funds for activities eligible
under title I of the Act:
Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided under this
heading may be provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been evaluated and
selected in accordance with guidelines required under subparagraph (e)(2):
Provided further, That
the Department shall notify grantees of their formula allocation within 60 days
of enactment of this Act:
Provided further, That
$70,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any
other provision of law (including section 204 of this Act), up to
$3,960,000 may be used for emergencies that
constitute imminent threats to health and safety:
Provided further, That
of the amounts made available under the previous proviso,
$10,000,000 shall be for grants for mold
remediation and prevention that shall be awarded through one national
competition to Native American tribes with the greatest
need.
Community development loan guarantees
program account
Subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year 2015,
commitments to guarantee loans under section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308), any part of which is guaranteed,
shall not exceed a total principal amount of
$500,000,000:
Provided, That the Secretary shall
collect fees from borrowers to result in a cost of zero for guaranteeing such
loans, and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974.
Home investment partnerships
program
For the HOME investment partnerships
program, as authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended,
$950,000,000, to remain available until
September 30, 2018:
Provided, That notwithstanding the
amount made available under this heading, the threshold reduction requirements
in sections 216(10) and 217(b)(4) of such Act shall not apply to allocations of
such amount:
Provided further, That
the requirements under provisos 2 through 6 under this heading for fiscal year
2012 and such requirements applicable pursuant to the Full-Year
Continuing Appropriations Act, 2013, shall not apply to any project to
which funds were committed on or after August 23, 2013, but such projects shall
instead be governed by the Final Rule titled Home Investment
Partnerships Program; Improving Performance and Accountability; Updating
Property Standards which became effective on such date:
Provided further, That
the Department shall notify grantees of their formula allocation within 60 days
of enactment of this Act.
Self-help
and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership
Opportunity Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended,
$50,000,000, to remain available until September
30, 2017:
Provided, That of the total amount
provided under this heading, $10,000,000 shall
be made available to the Self-Help and Assisted Homeownership Opportunity
Program as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended:
Provided further, That
$35,000,000 shall be made available for the
second, third, and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for
rural capacity-building activities:
Provided further, That
$5,000,000 shall be made available for capacity
building by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local governments
and Indian Tribes serving high need rural
communities.
Homeless assistance
grants
For the emergency solutions grants program
as authorized under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as authorized under
subtitle C of title IV of such Act; and the rural housing stability assistance
program as authorized under subtitle D of title IV of such Act,
$2,145,000,000, to remain available until
September 30, 2017:
Provided, That any rental
assistance amounts that are recaptured under such continuum of care program
shall remain available until expended: Provided
further, That not less than
$250,000,000 of the funds appropriated under
this heading shall be available for such emergency solutions grants program:
Provided further, That
not less than $1,848,000,000 of the funds
appropriated under this heading shall be available for such continuum of care
and rural housing stability assistance programs:Provided further, That up to
$7,000,000 of the funds appropriated under this
heading shall be available for the national homeless data analysis project:
Provided further, That
all funds awarded for supportive services under the continuum of care program
and the rural housing stability assistance program shall be matched by not less
than 25 percent in cash or in kind by each grantee:
Provided further, That
a grantee may use State and local funds from any source to satisfy match
requirements applicable to funds made available under this heading, so long as
the funds are used in accordance with their authorized purpose:
Provided further, That
the Secretary may renew on an annual basis expiring contracts or amendments to
contracts funded under the continuum of care program if the program is
determined to be needed under the applicable continuum of care and meets
appropriate program requirements, performance measures, and financial
standards, as determined by the Secretary:
Provided further, That
all awards of assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social services, and
employment programs for which homeless populations may be eligible:
Provided further, That
with respect to funds provided under this heading for the continuum of care
program for fiscal years 2012, 2013, 2014, and 2015, provision of permanent
housing rental assistance may be administered by private nonprofit
organizations:
Provided further, That
the Department shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts allocated) for the
emergency solutions grant program within 60 days of enactment of this
Act.
Housing
programs
Project-based rental
assistance
For activities and assistance for the
provision of project-based subsidy contracts under the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) (the Act), not otherwise
provided for, $9,346,000,000, to remain
available until expended, shall be available on October 1, 2014 (in addition to
the $400,000,000 previously appropriated under
this heading that shall be available October 1, 2014), and
$400,000,000, to remain available until
expended, shall be available on October 1, 2015:
Provided, That the amounts made
available under this heading shall be available for expiring or terminating
section 8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of senior preservation rental
assistance contracts, as authorized by section 811(e) of the American Housing
and Economic Opportunity Act of 2000, as amended (12 U.S.C. 1701q note), for
renewal of section 8 contracts for units in projects that are subject to
approved plans of action under the Emergency Low Income Housing Preservation
Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership
Act of 1990, and for administrative and other expenses associated with
project-based activities and assistance funded under this paragraph:
Provided further, That
of the total amounts provided under this heading, not to exceed
$210,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That
the Secretary of Housing and Urban Development may also use such amounts in the
previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section 236(a) of
the National Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s); section 236(f)(2) rental assistance payments (12 U.S.C.
1715z–1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667):
Provided further, That
amounts recaptured under this heading, the heading Annual Contributions
for Assisted Housing, or the heading Housing Certificate
Fund, may be used for renewals of or amendments to section 8
project-based contracts or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were appropriated:
Provided further,
That, notwithstanding any other provision of law, upon the request of the
Secretary of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 8 project-based
Housing Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until expended:
Provided further, That
amounts deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for uses authorized
under this heading.
Housing for the elderly
For amendments to capital advance contracts
for housing for the elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up to a
1-year term, and for senior preservation rental assistance contracts, as
authorized by section 811(e) of the American Housing and Economic Opportunity
Act of 2000, as amended, and for supportive services associated with the
housing, $420,000,000, to remain available until
September 30, 2018:
Provided, That of the amount
provided under this heading, up to $70,000,000
shall be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects:
Provided further, That
amounts under this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section 202
projects:
Provided further, That
the Secretary may waive the provisions of section 202 governing the terms and
conditions of project rental assistance, except that the initial contract term
for such assistance shall not exceed 5 years in duration:
Provided further, That
upon request of the Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon termination of
such contract are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account, to be
available until September 30, 2018.
Housing for persons with
disabilities
For amendments to capital advance contracts
for supportive housing for persons with disabilities, as authorized by section
811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law
86–372; 73 Stat. 667), including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up to a 1-year term,
for project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services associated
with the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $135,000,000, to remain
available until September 30, 2018:
Provided, That amounts made
available under this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated with section
811 projects:
Provided further,
That, in this fiscal year, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance contract and
that upon termination of such contract are in excess of an amount to be
determined by the Secretary shall be remitted to the Department and deposited
in this account, to be available until September 30, 2018:
Provided further, That
amounts deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading:
Provided further, That
unobligated balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading may be used for the current
purposes authorized under this heading notwithstanding the purposes for which
such funds originally were appropriated.
Housing counseling assistance
For contracts, grants, and other assistance
excluding loans, as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended,
$49,000,000, to remain available until September
30, 2016, including up to $4,500,000 for
administrative contract services:
Provided, That grants made
available from amounts provided under this heading shall be awarded within 180
days of enactment of this Act:
Provided further, That
funds shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property maintenance,
financial management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor
training.
Rental
housing assistance
For
amendments to contracts under section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National Housing Act
(12 U.S.C. 1715z–1) in State-aided, noninsured rental housing projects,
$28,000,000, to remain available until expended:
Provided, That such amount,
together with unobligated balances from recaptured amounts appropriated prior
to fiscal year 2006 from terminated contracts under such sections of law, and
any unobligated balances, including recaptures and carryover, remaining from
funds appropriated under this heading after fiscal year 2005, shall also be
available for extensions of up to one year for expiring contracts under such
sections of law.
Payment to manufactured housing fees trust
fund
For necessary expenses as
authorized by the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.), up to
$10,000,000, to remain available until expended,
of which $10,000,000 is to be derived from the
Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the
total amount appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act:
Provided further, That
the amount made available under this heading from the general fund shall be
reduced as such collections are received during fiscal year 2015 so as to
result in a final fiscal year 2015 appropriation from the general fund
estimated at not more than zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2015 appropriation:
Provided further, That
for the dispute resolution and installation programs, the Secretary of Housing
and Urban Development may assess and collect fees from any program participant:
Provided further, That
such collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected under
section 620, for necessary expenses of such Act:
Provided further,
That, notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid directly by the
recipients of their services.
Federal housing
administration
Mutual
mortgage insurance program account
New commitments to guarantee single family
loans insured under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until
September 30, 2016:
Provided, That during fiscal year
2015, obligations to make direct loans to carry out the purposes of section
204(g) of the National Housing Act, as amended, shall not exceed
$20,000,000:
Provided further, That
the foregoing amount in the previous proviso shall be for loans to nonprofit
and governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund:
Provided further, That
for administrative contract expenses of the Federal Housing Administration,
$145,000,000, to remain available until
September 30, 2016:
Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2015, an
additional $1,400 for administrative contract
expenses shall be available for each $1,000,000
in additional guaranteed loan commitments (including a pro rata amount for any
amount below $1,000,000), but in no case shall
funds made available by this proviso exceed
$30,000,000:
Provided further, That
receipts from administrative support fees collected pursuant to section 202 of
the National Housing Act, as amended by section 240 of this title, shall be
credited as offsetting collections to this
account.
General and special risk program
account
(including rescission)
New commitments to guarantee loans insured
under the General and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall
not exceed $30,000,000,000 in total loan
principal, any part of which is to be guaranteed, to remain available until
September 30, 2016:
Provided, That during fiscal year
2015, gross obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $20,000,000, which shall be for loans
to nonprofit and governmental entities in connection with the sale of
single
family real
properties owned by the Secretary and formerly insured under such Act:
Provided further, That
$10,000,000 previously provided under this
heading is hereby permanently rescinded.
Government national mortgage
association
Guarantees of mortgage-backed securities
loan guarantee program account
New commitments to issue guarantees to carry
out the purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until
September 30, 2016:
Provided, That
$24,000,000 shall be available for necessary
salaries and expenses of the Office of Government National Mortgage
Association:
Provided further, That
to the extent that guaranteed loan commitments will and do exceed
$155,000,000,000 on or before April 1, 2015, an
additional $100 for necessary salaries and
expenses shall be available until expended for each
$1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made
available by this proviso exceed $3,000,000:
Provided further, That
receipts from Commitment and Multiclass fees collected pursuant to title III of
the National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy development and
research
Research and technology
For contracts, grants, and necessary
expenses of programs of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban Development
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$46,000,000, to remain available until September
30, 2016:
Provided, That with respect to
amounts made available under this heading, notwithstanding section 204 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, or State or local governments
and their agencies for research projects:
Provided further, That
with respect to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward the cost of the
project:
Provided further, That
for non-competitive agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109–282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) with respect to documentation of award
decisions.
Fair housing and equal
opportunity
Fair housing activities
For contracts, grants, and other assistance,
not otherwise provided for, as authorized by title VIII of the Civil Rights Act
of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561
of the Housing and Community Development Act of 1987, as amended,
$66,000,000, to remain available until September
30, 2016, of which $40,600,000 shall be to carry
out activities pursuant to such section 561:
Provided, That notwithstanding 31
U.S.C. 3302, the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to provide such
training:
Provided further, That
no funds made available under this heading shall be used to lobby the executive
or legislative branches of the Federal Government in connection with a specific
contract, grant, or loan:
Provided further, That
of the funds made available under this heading,
$300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion of translated
materials and other programs that support the assistance of persons with
limited English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of lead hazard control and healthy
homes
Lead hazard reduction
For the Lead Hazard Reduction Program, as
authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $110,000,000, to remain available
until September 30, 2016:
Provided, That up to
$15,000,000 of that amount shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies, testing,
and demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related diseases and hazards:
Provided further, That
for purposes of environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this heading or under
prior appropriations Acts for such purposes under this heading, shall be
considered to be funds for a special project for purposes of section 305(c) of
the Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That
of the total amount made available under this heading,
$45,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement needs:
Provided further, That
each recipient of funds provided under the third proviso shall make a matching
contribution in an amount not less than 25 percent:
Provided further, That
each applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice of
funding availability:
Provided further, That
amounts made available under this heading in this or prior appropriations Acts,
and that still remain available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if a
program competition is undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology
fund
For the development of, modifications to,
and infrastructure for Department-wide and program-specific information
technology systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and for
program-related maintenance activities,
$250,000,000, which shall remain available until
September 30, 2016:
Provided, That any amounts
transferred to this Fund under this Act shall remain available until expended:
Provided further, That
any amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified under this
Fund, in addition to any other information technology purposes for which such
amounts were appropriated:
Provided further, That
of the amounts made available under this heading, the amount, as determined by
the Secretary, to be used for Development, Modernization, and Enhancement,
including development and deployment of a Next Generation Management System and
development and deployment of modernized Federal Housing Administration
systems, may not be obligated, except for 25 percent of such amount, until the
Secretary submits to the Committees on Appropriations and the Comptroller
General of the United States a plan for expenditure that—(A) provides for all
information technology investments: (i) the cost and schedule baselines with
explanations for each associated variance, (ii) the status of functional and
performance capabilities delivered or planned to be delivered, and (iii)
mitigation strategies to address identified risks; (B) outlines activities to
ensure strategic, consistent, and effective application of information
technology management controls: (i) enterprise architecture, (ii) project
management, (iii) investment management, and (iv) human capital
management.
Office of inspector general
For necessary salaries and expenses of the
Office of Inspector General in carrying out the Inspector General Act of 1978,
as amended, $129,000,000:
Provided, That the Inspector
General shall have independent authority over all personnel issues within this
office.
Transformation
Initiative
(including transfer of
funds)
Of the amounts made available in this Act
under each of the following headings under this title, the Secretary may
transfer to, and merge with, this account up to 0.5 percent from each such
account, and such transferred amounts shall be available until September 30,
2017, for (1) research, evaluation, and program metrics; (2) program
demonstrations; and (3) technical assistance and capacity building:
Choice Neighborhoods Initiative, Community Development
Fund, Fair Housing Activities, Family
Self-Sufficiency, HOME Investment Partnerships Program,
Self-Help and Assisted Homeownership Opportunity Program,
Housing Counseling Assistance, Housing for Persons with
Disabilities, Housing for the Elderly, Housing
Opportunities for Persons with AIDS, Lead Hazard
Reduction, Mutual Mortgage Insurance Program Account,
Native American Housing Block Grants, Native Hawaiian
Housing Block Grant, Project-Based Rental Assistance,
Public Housing Capital Fund, Public Housing Operating
Fund, Rental Assistance Demonstration, Rental
Housing Assistance, and Tenant-Based Rental Assistance:
Provided, That the Secretary may
not transfer more than $40,000,000 to this
account under the authority provided in the previous proviso:
Provided further, That
any such amounts, or portion thereof, transferred to this account, may be
transferred back to be merged with any such other account and to be available
for the same purpose and same time period as provided under this Act:
Provided further, That
with respect to amounts made available under this heading for research,
evaluation and program metrics or program demonstrations, notwithstanding
section 204 of this title, the Secretary may enter into cooperative agreements
funded with philanthropic entities, other Federal agencies, or State or local
governments and their agencies for research projects:
Provided further, That
with respect to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward the cost of the
project.
General provisions—Department of housing
and urban development
(including transfer of
funds)
(including
rescissions)
201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts associated
with
such budget authority, that are recaptured from projects described in
section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988
(42 U.S.C. 1437 note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority or cash
recaptured and not rescinded or remitted to the Treasury shall be used by
State
housing finance agencies or local governments or local housing agencies
with
projects approved by the Secretary of Housing and Urban Development for
which
settlement occurred after January 1, 1992, in accordance with such
section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent
of the budget authority or cash recaptured and not rescinded or remitted
to the
Treasury to provide project owners with incentives to refinance their
project
at a lower interest rate.
202. None of the amounts made available under
this Act may be used during fiscal year 2015 to investigate or prosecute
under
the Fair Housing Act any otherwise lawful activity engaged in by one or
more
persons, including the filing or maintaining of a nonfrivolous legal
action,
that is engaged in solely for the purpose of achieving or preventing
action by
a Government official or entity, or a court of competent jurisdiction.
203. Sections 203 and 209 of division C of
Public Law 112–55 (125 Stat. 693–694) shall apply during fiscal year 2015
as if
such sections were included in this title, except that during such fiscal
year
such sections shall be applied by substituting fiscal year 2015
for fiscal year 2011 and fiscal year 2012 each
place such terms appear.
204. Except as otherwise explicitly provided in
law, any grant, cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and in
accordance
with section 102 of the Department of Housing and Urban Development Reform
Act
of 1989 (42 U.S.C. 3545).
205. Funds of the Department of Housing and
Urban Development subject to the Government Corporation Control Act or
section
402 of the Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee
basis, and for utilizing and making payment for services and facilities of
the
Federal National Mortgage Association, Government National Mortgage
Association, Federal Home Loan Mortgage Corporation, Federal Financing
Bank,
Federal Reserve banks or any member thereof, Federal Home Loan banks, and
any
insured bank within the meaning of the Federal Deposit Insurance
Corporation
Act, as amended (12 U.S.C. 1811–1).
206. Unless otherwise provided for in this Act
or through a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available for any
program,
project or activity in excess of amounts set forth in the budget estimates
submitted to Congress.
207. Corporations and agencies of the Department
of Housing and Urban Development which are subject to the Government
Corporation Control Act are hereby authorized to make such expenditures,
within
the limits of funds and borrowing authority available to each such
corporation
or agency and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by
section
104 of such Act as may be necessary in carrying out the programs set forth
in
the budget for 2015 for such corporation or agency except as hereinafter
provided:
Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase
commitments only to the extent expressly provided for in this Act (unless
such
loans are in support of other forms of assistance provided for in this or
prior
appropriations Acts), except that this proviso shall not apply to the
mortgage
insurance or guaranty operations of these corporations, or where loans or
mortgage purchases are necessary to protect the financial interest of the
United States Government.
208. The Secretary of Housing and Urban
Development shall provide quarterly reports to the House and Senate
Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and
excess
funds in each program and activity within the jurisdiction of the
Department
and shall submit additional, updated budget information to these
Committees
upon request.
209. The President’s formal budget request for
fiscal year 2016, as well as the Department of Housing and Urban
Development’s
congressional budget justifications to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate, shall use
the
identical account and sub-account structure provided under this Act.
210. A public housing agency or such other
entity that administers Federal housing assistance for the Housing
Authority of
the county of Los Angeles, California, and the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public housing
or a
recipient of assistance provided under section 8 of the United States
Housing
Act of 1937 on the board of directors or a similar governing board of such
agency or entity as required under section (2)(b) of such Act. Each public
housing agency or other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that chooses not
to
include a resident of public housing or a recipient of section 8
assistance on
the board of directors or a similar governing board shall establish an
advisory
board of not less than six residents of public housing or recipients of
section
8 assistance to provide advice and comment to the public housing agency or
other administering entity on issues related to public housing and section
8.
Such advisory board shall meet not less than quarterly.
211. No funds provided under this title may be
used for an audit of the Government National Mortgage Association that
makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C.
661 et seq.).
212.
(a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for fiscal years 2015
and
2016, the Secretary of Housing and Urban Development may authorize the
transfer
of some or all project-based assistance, debt held or insured by the
Secretary
and statutorily required low-income and very low-income use restrictions
if
any, associated with one or more multifamily housing project or projects
to
another multifamily housing project or projects.
(b)
Phased Transfers
Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and other
requirements related to rehabilitating or constructing the project or
projects
to which the assistance is transferred, to ensure that such project or
projects
meet the standards under subsection (c).
(c) The transfer authorized in subsection (a)
is subject to the following conditions:
(1)
Number and bedroom size of Units
(A) For occupied units in the transferring
project: the number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project
shall
be no less than when transferred to the receiving project or projects and
the
net dollar amount of Federal assistance provided to the transferring
project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring
project: the Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a reconfiguration
of
bedroom sizes to meet current market demands, as determined by the
Secretary
and provided there is no increase in the project-based assistance budget
authority.
(2) The transferring project shall, as
determined by the Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall
meet or exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants residing in the
transferring
project and provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the receiving project or
projects shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are available
for
occupancy.
(6) The Secretary determines that this transfer
is in the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon determination
that
such a waiver is necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the
requirements of subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project where, in
either
case, any use restrictions in such agreement are of no lesser duration
than the
existing use restrictions.
(9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act of 1974, as
amended) of
any FHA-insured mortgage, except to the extent that appropriations are
provided
in advance for the amount of any such increased cost.
(d) For purposes of this section—
(1) the terms low-income and
very low-income shall have the meanings provided by the statute
and/or regulations governing the program under which the project is
insured or
assisted;
(2) the term multifamily housing
project means housing that meets one of the following
conditions—
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing mark to market
debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability
Housing Act;
(C) housing that is assisted under section 202
of the Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales
National Affordable Housing Act;
(D) housing that is assisted under section 202
of the Housing Act of 1959, as such section existed before the enactment
of the
Cranston-Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811
of the Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a
use agreement;
(3) the term project-based
assistance means—
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before October 1,
1983);
(C) rent supplement payments under section 101
of the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section
236 and/or additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act;
(4) the term receiving project or
projects means the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and statutorily
required
low-income and very low-income use restrictions are to be transferred;
(5) the term transferring
project means the multifamily housing project which is transferring
some or all of the project-based assistance, debt, and the statutorily
required
low-income and very low-income use restrictions to the receiving project
or
projects; and
(6) the term Secretary means the
Secretary of Housing and Urban Development.
(e)
Public Notice and Research Report
(1) The Secretary shall publish by notice in
the Federal Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than 30 days
before
the effective date of such notice.
(2) The Secretary shall conduct an evaluation
of the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial
conditions, and long-term preservation of the affected properties.
213.
(a) No assistance shall be provided under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any
individual who—
(1) is enrolled as a student at an institution
of higher education (as defined under section 102 of the Higher Education
Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such
term is defined in section 3(b)(3)(E) of the United States Housing Act of
1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section
8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or
has parents who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of 1937 (42
U.S.C.
1437f).
(b) For purposes of determining the eligibility
of a person to receive assistance under section 8 of the United States
Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess of
amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001
et
seq.), from private sources, or an institution of higher education (as
defined
under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be
considered
income to that individual, except for a person over the age of 23 with
dependent children.
214. The funds made available for Native
Alaskans under the heading Native American Housing Block Grants
in title II of this Act shall be allocated to the same Native Alaskan
housing
block grant recipients that received funds in fiscal year 2005.
215. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z–20(g)),
the Secretary of Housing and Urban Development may, until September 30,
2015,
insure and enter into commitments to insure mortgages under such section
255.
216. Notwithstanding any other provision of law,
in fiscal year 2015, in managing and disposing of any multifamily property
that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with a
contract for rental assistance payments under section 8 of the United
States
Housing Act of 1937 or other Federal programs, the Secretary shall
maintain any
rental assistance payments under section 8 of the United States Housing
Act of
1937 and other programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily property owned
or
held by the Secretary is not feasible for continued rental assistance
payments
under such section 8 or other programs, based on consideration of (1) the
costs
of rehabilitating and operating the property and all available Federal,
State,
and local resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(MAHRAA) and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with
the tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to health and
safety
after written notice to and informed consent of the affected tenants and
use of
other available remedies, such as partial abatements or receivership.
After
disposition of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall be subject to
the
requirements under section 524 of MAHRAA.
217. Section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308) is amended—
(1) in subsection (a)
by inserting States on behalf of non-entitlement communities,
after issued by eligible public entities,;
(2) by striking
subsection (k) and inserting the following:
(k) The Secretary shall monitor the use by
eligible public entities and States of commitment amounts
authorized in
appropriation Acts for any fiscal year. If the Secretary finds that
50 percent
of the annual commitment amount has been committed, the Secretary
may impose a
limitation on the amount of guarantees any one entity may receive
in any fiscal
year of $35,000,000 for units of general local
government receiving grants under section 106(b) or States
receiving grants
under section 106(d) and $7,000,000 for units of
general local government receiving grants under section 106(d); or
request the
enactment of legislation increasing the annual commitment authority
for
guarantees under this section.
;
and
(3) by striking
subsection (m) and inserting the following new subsection:
(m)
Distribution of
funds to local governments in non-entitlement areas
Any State
receiving a guarantee or commitment on behalf of non-entitlement
areas shall
distribute all funds that are subject to such guarantee to the
units of general
local government in non-entitlement areas that received the
commitment.
.
218. Public housing agencies that own and
operate 400 or fewer public housing units may elect to be exempt from any
asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule:
Provided, That an agency seeking
a discontinuance of a reduction of subsidy under the operating fund
formula
shall not be exempt from asset management requirements.
219. With respect to the use of amounts provided
in this Act and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the
United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary
shall not impose any requirement or guideline relating to asset management
that
restricts or limits in any way the use of capital funds for central office
costs pursuant to section 9(g)(1) or 9(g)(2) of the United States Housing
Act
of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing
agency may not use capital funds authorized under section 9(d) for
activities
that are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1) or
9(g)(2), unless otherwise specified under this title.
220. No official or employee of the Department
of Housing and Urban Development shall be designated as an allotment
holder
unless the Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control and
has
received training in funds control procedures and directives. The Chief
Financial Officer shall ensure that there is a trained allotment holder
for
each HUD sub-office under the accounts Executive Offices and
Administrative Support Offices, as well as each account
receiving appropriations for Program Office Salaries and
Expenses, Government National Mortgage Association—Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account, and
Office of Inspector General within the Department of Housing and
Urban Development.
221. The Secretary of Housing and Urban
Development shall report annually to the House and Senate Committees on
Appropriations on the status of all section 8 project-based housing,
including
the number of all project-based units by region as well as an analysis of
all
federally subsidized housing being refinanced under the Mark-to-Market
program.
The Secretary shall identify all existing units maintained by region as
section
8 project-based units, all project-based units that have opted out or have
otherwise been eliminated, and the reasons these units opted out or
otherwise
were lost as section 8 project-based units.
222. The Secretary of the Department of Housing
and Urban Development shall, for fiscal year 2015 and subsequent fiscal
years,
notify the public through the Federal Register and other means, as
determined
appropriate, of the issuance of a notice of the availability of assistance
or
notice of funding availability (NOFA) for any program or discretionary
fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2015 and
subsequent
fiscal years, the Secretary may make the NOFA available only on the
Internet at
the appropriate Government Web site or through other electronic media, as
determined by the Secretary.
223. Payment of attorney fees in program-related
litigation must be paid from the individual program office and Office of
General Counsel personnel funding. The annual budget submissions for
program
offices and Office of General Counsel personnel funding must include
program-related litigation costs for attorney fees as a separate line item
request.
224. The Secretary of the Department of Housing
and Urban Development is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds
appropriated for any office funded under the heading Administrative
Support Offices to any other office funded under such heading:
Provided, That no appropriation
for any office funded under the heading Administrative Support
Offices shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior
written approval of the House and Senate Committees on Appropriations:
Provided further,
That the Secretary is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds
appropriated for any account funded under the general heading Program
Office Salaries and Expenses to any other account funded under such
heading:
Provided further,
That no appropriation for any account funded under the general heading
Program Office Salaries and Expenses shall be increased or
decreased by more than 5 percent or $5,000,000,
whichever is less, without prior written approval of the House and Senate
Committees on Appropriations:
Provided further,
That the Secretary may transfer funds made available for salaries and
expenses
between any office funded under the heading Administrative Support
Offices and any account funded under the general heading Program
Office Salaries and Expenses, but only with the prior written approval
of the House and Senate Committees on Appropriations.
225. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban Development, shall be
considered a program of the Department of Housing and Urban
Development under section 904 of the McKinney Act for the purpose of
income verifications and matching.
226.
(a) The Secretary of Housing and Urban
Development shall take the required actions under subsection (b) when a
multifamily housing project with a section 8 contract or contract for
similar
project-based assistance:
(1) receives a Real Estate Assessment Center
(REAC) score of 30 or less; or
(2) receives a REAC score between 31 and 59
and:
(A) fails to certify in writing to HUD within
60 days that all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60
on REAC inspections.
Such requirements shall apply to
insured and noninsured projects with assistance attached to the units
under
section 8 of the united States housing Act of 1937 (42 U.S.C. 1437f), but
do
not apply to such units assisted under section 8(o)(13) (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating
funds under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(b) The Secretary shall take the following
required actions as authorized under subsection (a)—
(1) The Secretary shall notify the owner and
provide an opportunity for response within 30 days. If the violations
remain,
the Secretary shall develop a Compliance, Disposition and Enforcement Plan
within 60 days, with a specified timetable for correcting all
deficiencies. The
Secretary shall provide notice of the Plan to the owner, tenants, the
local
government, any mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance,
Disposition and Enforcement Plan, if the owner fails to fully comply with
such
plan, the Secretary may require immediate replacement of project
management
with a management agent approved by the Secretary, and shall take one or
more
of the following actions, and provide additional notice of those actions
to the
owner and the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including
partial abatement, as determined by the Secretary, until all deficiencies
have
been corrected;
(C) pursue transfer of the project to an owner,
approved by the Secretary under established procedures, which will be
obligated
to promptly make all required repairs and to accept renewal of the
assistance
contract as long as such renewal is offered; or
(D) seek judicial appointment of a receiver to
manage the property and cure all project deficiencies or seek a judicial
order
of specific performance requiring the owner to cure all project
deficiencies.
(c) The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect, subject to
the
exercise of contractual abatement remedies to assist relocation of tenants
for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other remedies set
forth
above. To the extent the Secretary determines, in consultation with the
tenants
and the local government, that the property is not feasible for continued
rental assistance payments under such section 8 or other programs, based
on
consideration of (1) the costs of rehabilitating and operating the
property and
all available Federal, State, and local resources, including rent
adjustments
under section 524 of the Multifamily Assisted Housing Reform and
Affordability
Act of 1997 (MAHRAA) and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other existing
housing
properties, or provide other rental assistance. The Secretary shall report
semi-annually on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have physical inspection
scores
of less than 30 or have consecutive physical inspection scores of less
than 60.
The report shall include:
(1) The enforcement actions being taken to
address such conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions
multiple times; and
(2) Actions that the Department of Housing and
Urban Development is taking to protect tenants of such identified
properties.
227. None of the funds made available by this
Act, or any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section 9 of
the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by
any
public housing agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or employee of
which,
that exceeds the annual rate of basic pay payable for a position at level
IV of
the Executive Schedule at any time during any public housing agency fiscal
year
2015.
228. Section 24 of the United States Housing Act
of 1937 (42 U.S.C. 1437v) is amended—
(1) in subsection (m)(1), by striking
fiscal year and all that follows through the period at the end
and inserting fiscal year 2015.; and
(2) in subsection (o), by striking
September and all that follows through the period at the end and
inserting September 30, 2015..
229. Of the amounts made available for salaries
and expenses under all accounts under this title (except for the Office of
Inspector General account), a total of up to
$10,000,000 may be transferred to and merged
with amounts made available in the Information Technology Fund
account under this title.
230. None of the funds in this Act may be
available for the doctoral dissertation research grant program at the
Department of Housing and Urban Development.
231. The language under the heading Rental
Assistance Demonstration in the Department of Housing and Urban
Development
Appropriations Act, 2012 (Public Law 112–55), is amended—
(1) by striking
(except for funds allocated under such section for single room occupancy
dwellings as authorized by title IV of the McKinney-Vento Homeless
Assistance
Act) in both places it appears;
(2) in the second
proviso, by striking 2015 and inserting
2018;
(3) in the third
proviso, after associated with such conversion, by inserting
in excess of amounts made available under this heading;
(4) in the fourth
proviso, by striking 60,000 and inserting
185,000;
(5) in the
penultimate proviso, by—
(A) striking
December 31, 2014 and inserting 2016;
(B) striking
and agreement of the administering public housing agency;
and
(C) inserting
a long-term project-based subsidy contract under section 8 of the Act,
which shall have a term of no less than 20 years, with rent adjustments
only by
an operating cost factor established by the Secretary, which shall be
eligible
for renewal under section 524 of the Multifamily Assisted Housing Reform
and
Affordability Act of 1997 (42 U.S.C. 1437f note), or, subject to agreement
of
the administering public housing agency, to assistance under following
vouchers to assistance under;
(6) by inserting the
following provisos before the final proviso: Provided further, That amounts made
available under the heading Rental Housing Assistance during the
period of conversion under the previous proviso, which may extend beyond
fiscal
year 2016 as necessary to allow processing of all timely applications,
shall be
available for project-based subsidy contracts entered into pursuant to the
previous proviso:
Provided further,
That amounts, including contract authority, recaptured from contracts
following
a conversion under the previous two provisos are hereby rescinded and an
amount
of additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended for such
conversions:
Provided further,
That the Secretary may transfer amounts made available under the heading
Rental Housing Assistance, amounts made available for tenant
protection vouchers under the heading Tenant-Based Rental
Assistance and specifically associated with any such conversions, and
amounts made available under the previous proviso as needed to the account
under the Project-Based Rental Assistance heading to facilitate
conversion under the three previous provisos and any increase in cost for
Project-Based Rental Assistance associated with such conversion
shall be equal to amounts so transferred:; and
(7) in the final
proviso, by—
(A) striking
with respect to the previous proviso and inserting with
respect to the previous four provisos; and
(B) striking
impact of the previous proviso and inserting impact of
the fiscal year 2012 and 2013 conversion of tenant protection vouchers to
assistance under section 8(o)(13) of the Act.
232. None of the funds in this Act provided to
the Department of Housing and Urban Development may be used to make a
grant
award unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State,
locality, housing authority, tribe, nonprofit organization, or other
entity
selected to receive a grant award is announced by the Department or its
offices.
233. Section 579 of the Multifamily Assisted
Housing Reform and Affordability Act (MAHRA) of 1997 (42 U.S.C. 1437f
note) is
amended by striking October 1, 2015 each place it appears and
inserting in lieu thereof October 1, 2018.
234. Section 9 of the United States Housing Act
or 1937 (42 U.S.C. 1437g) is amended by—
(a) Inserting at the
end of subjection (j)—
(7)
Treatment of
Replacement Reserve
The requirements of this subsection shall not
apply to funds held in replacement reserves established in
subsection
(9)(n).
;
and
(b) Inserting at the
end of subsection (m)—
(n)
Establishment
of replacement reserves
(1)
In
general
Public Housing authorities shall be permitted to
establish a Replacement Reserve to fund any of the capital
activities listed in
subparagraph (d)(1).
(2)
Source and
amount of funds for replacement reserve
At any time, a public
housing authority may deposit funds from that agency’s Capital Fund
into a
Replacement Reserve subject to the following:
(A) At the discretion
of the Secretary, PHAs may be allowed to transfer and hold in a
Replacement
Reserve, funds originating from additional sources.
(B) No minimum
transfer of funds to a Replacement Reserve shall be required.
(C) At any time, a
public housing authority may not hold in a Replacement Reserve more
than the
amount the public housing authority has determined necessary to
satisfy the
anticipated capital needs of properties in its portfolio assisted
under 42
U.S.C. 1437g as outlined in its Capital Fund 5 Year Action Plan, or
a
comparable plan, as determined by the Secretary.
(D) The Secretary may
establish by regulation a maximum replacement reserve level or
levels that are
below amounts determined under subparagraph (C), which may be based
upon the
size of the portfolio assisted under 42 U.S.C. 1437g or other
factors.
(3) In first
establishing a replacement reserve, the Secretary may allow public
housing
agencies to transfer more than 20 percent of its operating funds
into its
replacement reserve.
(4)
Expenditure
Funds
in a Replacement Reserve may be used for purposes authorized by
subparagraph
(d)(1) and contained in its Capital Fund 5 Year Action Plan.
(5)
Management and
report
The Secretary shall establish appropriate accounting and
reporting requirements to ensure that public housing agencies are
spending
funding on eligible projects and that funding in the reserve is
connected to
capital
needs.
.
235. Section 9(g)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by—
(1) inserting (A) immediately
after the paragraph designation;
(2) by striking the period and inserting the following at the end:
; and; and
(3) insert the following new paragraph:
(B)
Flexibility for
operating fund amounts
Of any
amounts appropriated for fiscal year 2015 or any fiscal year
thereafter that
are allocated for fiscal year 2015 or any fiscal year thereafter
from the
Operating Fund for any public housing agency, the agency may use
not more than
20 percent for activities that are eligible under subsection (d)
for assistance
with amounts from the Capital Fund, but only if the public housing
plan for the
agency provides for such
use.
.
236.
(a) Subsection (b) of section 225 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is
amended
by adding at the end the following new sentence: Such 30-day waiting
period is not required if the grounds for the termination or refusal to
renew
involve a direct threat to the safety of the tenants or employees of the
housing, or an imminent and serious threat to the property (and the
termination
or refusal to renew is in accordance with the requirements of State or
local
law)..
(b) Section 104(6) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is
amended by adding at the end of the undesignated matter after subparagraph
(D)
the following sentence: In the case of an organization funded by the
State under title II of this Act, the organization may serve all counties
within the State..
237.
(a)
Establishment
The
Secretary of Housing and Urban Development (referred to in this section as
the
Secretary) shall establish a demonstration program under which,
during the period beginning on the date of enactment of this Act, and
ending on
September 30, 2017, the Secretary may enter into budget-neutral,
performance-based agreements that result in a reduction in energy or water
costs with such entities as the Secretary determines to be appropriate
under
which the entities shall carry out projects for energy or water
conservation
improvements at not more than 20,000 residential units in multifamily
buildings
participating in—
(1) the project-based
rental assistance program under section 8 of the United States Housing Act
of
1937 (42 U.S.C. 1437f), other than assistance provided under section 8(o)
of
that Act;
(2) the supportive
housing for the elderly program under section 202 of the Housing Act of
1959
(12 U.S.C. 1701q); or
(3) the supportive
housing for persons with disabilities program under section 811(d)(2) of
the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)).
(b)
Requirements
(1)
Payments
contingent on savings
(A)
In
general
The Secretary shall provide to an entity a payment under
an agreement under this section only during applicable years for which an
energy or water cost savings is achieved with respect to the applicable
multifamily portfolio of properties, as determined by the Secretary, in
accordance with subparagraph (B).
(B)
Payment
methodology
(i)
In
general
Each agreement under this section shall include a
pay-for-success provision—
(I) that will serve
as a payment threshold for the term of the agreement; and
(II) pursuant to
which the Department of Housing and Urban Development shall share a
percentage
of the savings at a level determined by the Secretary that is sufficient
to
cover the administrative costs of carrying out this section.
(ii)
Limitations
A
payment made by the Secretary under an agreement under this section
shall—
(I) be contingent on
documented utility savings; and
(II) not exceed the
utility savings achieved by the date of the payment, and not previously
paid,
as a result of the improvements made under the agreement.
(C)
Third party
verification
Savings payments made by the Secretary under this
section shall be based on a measurement and verification protocol that
includes
at least—
(i) establishment of
a weather-normalized and occupancy-normalized utility consumption baseline
established preretrofit;
(ii) annual third
party confirmation of actual utility consumption and cost for owner-paid
utilities;
(iii) annual third
party validation of the tenant utility allowances in effect during the
applicable year and vacancy rates for each unit type; and
(iv) annual third
party determination of savings to the Secretary.
(2)
Term
The
term of an agreement under this section shall be not longer than 12
years.
(3)
Entity
eligibility
The Secretary shall—
(A) establish a
competitive process for entering into agreements under this section; and
(B) enter into such
agreements only with entities that demonstrate significant experience
relating
to—
(i) financing and
operating properties receiving assistance under a program described in
subsection (a);
(ii) oversight of
energy and water conservation programs, including oversight of
contractors;
and
(iii) raising capital
for energy and water conservation improvements from charitable
organizations or
private investors.
(4)
Geographical
diversity
Each agreement entered into under this section shall
provide for the inclusion of properties with the greatest feasible
regional and
State variance.
(c)
Plan and
Reports
(1)
Plan
Not
later than 90 days after the date of enactment of this Act, the Secretary
shall
submit to the Committees on Appropriations of the House of Representatives
and
the Senate a detailed plan for the implementation of this section.
(2)
Reports
Not
later than 1 year after the date of enactment of this Act, and annually
thereafter, the Secretary shall—
(A) conduct an
evaluation of the program under this section; and
(B) submit to
Congress a report describing each evaluation conducted under subparagraph
(A).
(d)
Funding
For
each fiscal year during which an agreement under this section is in
effect, the
Secretary may use to carry out this section any funds appropriated to the
Secretary for the renewal of contracts under a program described in
subsection
(a).
238. Section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended—
(1) in subsection
(b)(1) after new dwellings insert or the rehabilitation
of existing dwellings;
(2) in subsection
(b)(2) after new insert or rehabilitated;
(3) in subsection
(d)(1) after dwellings insert or rehabilitating existing
dwellings to make them decent, safe and sanitary;
(4) in subsection
(d)(2) by inserting at the end the following new subparagraph:
(C)
Planning,
administration, and management
Planning, administration, and
management of grant programs and activities, provided that such
expenses do not
exceed 20 percent of any grant made under this
section.
;
(5) in subsection
(i)(5) by—
(A) striking
24 and inserting 36; and
(B) striking
except that and all that follows through such grant
amounts;
(6) in subsection (j)
by—
(A) inserting after
the heading (1)
Redistribution of funds.—;
(B) striking
24 and inserting 36;
(C) striking
(or, in the case and all that follows through within 36
months); and
(D) inserting at the
end the following new paragraph:
(2)
Deadline for
completion and conveyance
The Secretary shall establish a
deadline (which may be extended for good cause as determined by the
Secretary)
by which time all units that have been assisted with grant funds
under this
section must be completed and
conveyed.
.
(7) by striking
subsection (q).
239. Section 184(h)(1)(B) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z–13a(h)(1)(B)) is
amended by
inserting after the first sentence the following: Exhausting all
reasonable possibilities of collection by the holder of the guarantee
shall
include a good faith consideration of loan modification as well as meeting
standards for servicing loans in default, as determined by the
Secretary..
240. Section 202 of the National Housing Act (12
U.S.C. 1708) is amended by adding at the end the following new
subsection:
(i)
Administration
Notwithstanding
any provision of law, and in addition to any other fees charged in
connection
with the provision of insurance under this title, in each fiscal
year the
Secretary may charge and collect a fee not to exceed 4 basis points
of the
original principal balance of mortgages originated by the mortgagee
that were
insured under this title during the previous fiscal year. Such fee
collected
from each mortgagee shall be used as offsetting collections for
part of the
administrative contract expenses funding and any necessary salaries
and
expenses funding provided under the Mutual Mortgage Insurance
Program Account
under this title. The Secretary may establish the amount of such
fee through
regulations, notice, Mortgagee Letter, or other administrative
issuance.
.
241. Paragraph (1) of section 8(c) of the United
States Housing Act of 1937 (42 U.S.C. 1437) is amended—
(1) by inserting (A) after the
paragraph designation;
(2) by striking the fourth, seventh, eighth,
and ninth sentences; and
(3) by adding at the end the following:
(B)
Publication of
fair market rentals
Not less
than annually:
(i) The Secretary shall publish a notice in the
Federal Register that proposed fair market rentals for an area have
been
published on the site of the Department on the Internet and in any
other manner
specified by the Secretary. Such notice shall describe proposed
material
changes in the methodology for estimating fair market rentals and
shall provide
reasonable time for public comment.
(ii) The Secretary shall publish a notice in the
Federal Register that final fair market rentals have been published
on the site
of the Department on the internet and in any other manner specified
by the
Secretary. Such notice shall include the final decisions regarding
proposed
substantial methodological changes for estimating fair market
rentals and
responses to public
comments.
.
242. Of the unobligated balances, including
recaptures and carryover, remaining from funds appropriated to the
Department
of Housing and Urban Development under the heading “Brownfields
Redevelopment”,
$2,913,000 is hereby permanently rescinded:
Provided, That of the unobligated
balances, including recaptures and carryover, remaining from funds
appropriated
to the Department of Housing and Urban Development under the heading
Rural Housing and Economic Development,
$2,300,000 is hereby permanently rescinded:
Provided further,
That all unobligated balances, including recaptures and carryover,
remaining
from funds appropriated to the Department of Housing and Urban Development
under the heading Drug Elimination Grants for Low Income Housing
are hereby permanently rescinded:
Provided further,
That all unobligated balances, including recaptures and carryover,
remaining
from funds appropriated to the Department of Housing and Urban Development
for
Youthbuild program activities authorized by subtitle D of title IV of the
Cranston-Gonzalez National Affordable Housing Act are hereby permanently
rescinded.
243. Such sums as may be necessary to implement
the Homeowners Armed With Knowledge pilot shall be absorbed within the
levels
appropriated in this act.
244. Section 106 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x) is amended by adding at the end
the
following new subsection:
(j)
Financial
assistance
For purposes of this section, the Secretary may enter
into multiyear agreements as is appropriate, subject to the
availability of
annual
appropriations.
.
245. Section 526 (12 U.S.C. 1735f–4) of the National Housing Act is amended by inserting at the end of
subsection (b)—
(c) The Secretary may establish an exception to any minimum property standard established under this
section in order to address alternative water systems, including cisterns,
which meet requirements of State and local building codes that ensure
health and safety standards.
246. Notwithstanding section 106(c)(4) of the Housing and Community Development Act of 1974, the
Secretary additionally shall provide assistance pursuant to such section
to any State for use by any nonentitlement area of any such State in which
there was a major disaster declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act in 2014: Provided, That the Secretary shall issue a notice with respect to any such assistance for States within 45
days of enactment of this Act. This title may be cited as the
Department of Housing and Urban Development Appropriations Act,
2015.
III
Related agencies
Access
board
Salaries and expenses
For expenses necessary for the Access Board,
as authorized by section 502 of the Rehabilitation Act of 1973, as amended,
$7,548,000:
Provided, That, notwithstanding any
other provision of law, there may be credited to this appropriation funds
received for publications and training expenses.
Federal maritime
commission
Salaries and expenses
For necessary expenses of the Federal
Maritime Commission as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and
uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902,
$25,660,000:
Provided, That not to exceed
$2,000 shall be available for official reception
and representation expenses:
Provided further,
That, notwithstanding any other provision of law, the Federal Maritime
Commission is authorized to collect user fees in this fiscal year and may
retain up to $300,000 per fiscal year of such
fees for necessary and authorized expenses under this
heading.
National railroad passenger
corporation
Office of Inspector
General
salaries and expenses
For necessary expenses of the Office of
Inspector General for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as amended,
$23,499,000:
Provided, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
National Railroad Passenger Corporation:
Provided further, That
the Inspector General may enter into contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and with
private persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger Corporation:
Provided further, That
the Inspector General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions, powers, and
duties of the Office of Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and employment within
Amtrak:
Provided further, That
concurrent with the President's budget request for fiscal year 2016, the
Inspector General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2016 in similar format and
substance to those submitted by executive agencies of the Federal
Government.
National transportation safety
board
Salaries and expenses
For necessary expenses of the National
Transportation Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902),
$103,981,000, of which not to exceed
$2,000 may be used for official reception and
representation expenses. The amounts made available to the National
Transportation Safety Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood reinvestment
corporation
Payment to the neighborhood reinvestment
corporation
For payment to the
Neighborhood Reinvestment Corporation for use in neighborhood reinvestment
activities, as authorized by the Neighborhood Reinvestment Corporation Act (42
U.S.C. 8101–8107), $136,600,000, of which
$5,000,000 shall be for a multi-family rental
housing program:
Provided, That in addition,
$50,000,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure
mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation
(NRC) shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with match to be
determined by the NRC based on affordability and the economic conditions
of an
area; a match also may be waived by the NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation assistance
primarily to
States and areas with high rates of defaults and foreclosures to help
eliminate
the default and foreclosure of mortgages of owner-occupied single-family
homes
that are at risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to approved
counseling
intermediaries based on a geographic analysis of the United States by the
NRC
which determines where there is a prevalence of mortgages that are risky
and
likely to fail, including any trends for mortgages that are likely to
default
and face foreclosure. A State Housing Finance Agency may also be eligible
where
the State Housing Finance Agency meets all the requirements under this
paragraph. A HUD-approved counseling intermediary shall meet certain
mortgage
foreclosure mitigation assistance counseling requirements, as determined
by the
NRC, and shall be approved by HUD or the NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance
shall only be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages shall likely
be
subject to a foreclosure action and homeowners will be provided such
assistance
that shall consist of activities that are likely to prevent foreclosures
and
result in the long-term affordability of the mortgage retained pursuant to
such
activity or another positive outcome for the homeowner. No funds made
available
under this paragraph may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any other direct debt
reduction
payments.
(3) The use of mortgage foreclosure mitigation
assistance by approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's financial
situation, an evaluation of the current value of the property that is
subject
to the mortgage, counseling regarding the assumption of the mortgage by
another
non-Federal party, counseling regarding the possible purchase of the
mortgage
by a non-Federal third party, counseling and advice of all likely
restructuring
and refinancing strategies or the approval of a work-out strategy by all
interested parties.
(4) NRC may provide up to 15 percent of the
total funds under this paragraph to its own charter members with expertise
in
foreclosure prevention counseling, subject to a certification by the NRC
that
the procedures for selection do not consist of any procedures or
activities
that could be construed as a conflict of interest or have the appearance
of
impropriety.
(5) HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as
well as borrowers facing default, delinquency, and foreclosure, as well as
documented counseling capacity, outreach capacity, past successful
performance
and positive outcomes with documented counseling plans (including post
mortgage
foreclosure mitigation counseling), loan workout agreements, and loan
modification agreements. NRC may use other criteria to demonstrate
capacity in
underserved areas.
(6) Of the total amount made available under
this paragraph, up to $2,500,000 may be made
available to build the mortgage foreclosure and default mitigation
counseling
capacity of counseling intermediaries through NRC training courses with
HUD-approved counseling intermediaries and their partners, except that
private
financial institutions that participate in NRC training shall pay market
rates
for such training.
(7) Of the total amount made available under
this paragraph, up to 5 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance
grants may include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) The NRC shall continue to report
bi-annually to the House and Senate Committees on Appropriations as well
as the
Senate Banking Committee and House Financial Services Committee on its
efforts
to mitigate mortgage default.
United states interagency council on
homelessness
Operating expenses
For necessary expenses (including payment of
salaries, authorized travel, hire of passenger motor vehicles, the rental of
conference rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended,
$3,530,000. Title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11319) is amended by striking section 209
and in section 204(a) by striking level V and inserting
level IV.
IV
General provisions—this act
401. None of the funds in this Act shall be used
for the planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
402. None of the funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year, nor
may
any be transferred to other appropriations, unless expressly so provided
herein.
403. The expenditure of any appropriation under
this Act for any consulting service through a procurement contract
pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available
for public inspection, except where otherwise provided under existing law,
or
under existing Executive order issued pursuant to existing law.
404.
(a) None of the funds made available in this
Act may be obligated or expended for any employee training that—
(1) does not meet identified needs for
knowledge, skills, and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high
levels of emotional response or psychological stress in some
participants;
(3) does not require prior employee
notification of the content and methods to be used in the training and
written
end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or new age
belief systems as defined in Equal Employment Opportunity Commission
Notice
N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit,
restrict, or otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
405. Except as otherwise provided in this Act,
none of the funds provided in this Act, provided by previous
appropriations
Acts to the agencies or entities funded in this Act that remain available
for
obligation or expenditure in fiscal year 2015, or provided from any
accounts in
the Treasury derived by the collection of fees and available to the
agencies
funded by this Act, shall be available for obligation or expenditure
through a
reprogramming of funds that:
(1) creates a new program;
(2) eliminates a program, project, or
activity;
(3) increases funds or personnel for any
program, project, or activity for which funds have been denied or
restricted by
the Congress;
(4) proposes to use funds directed for a
specific activity by either the House or Senate Committees on
Appropriations
for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10
percent, whichever is less;
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent,
whichever is less; or
(7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or
department different from the budget justifications submitted to the
Committees
on Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval
is
received from the House and Senate Committees on Appropriations:
Provided, That not later than 60
days after the date of enactment of this Act, each agency funded by this
Act
shall submit a report to the Committees on Appropriations of the Senate
and of
the House of Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further,
That the report shall include:
(A) a table for each appropriation with a
separate column to display the prior year enacted level, the President's
budget
request, adjustments made by Congress, adjustments due to enacted
rescissions,
if appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted level by object class
and
program, project, and activity as detailed in the budget appendix for the
respective appropriation; and
(C) an identification of items of special
congressional interest:
Provided further,
That the amount appropriated or limited for salaries and expenses for an
agency
shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to the
Congress.
406. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining
available at
the end of fiscal year 2015 from appropriations made available for
salaries and
expenses for fiscal year 2015 in this Act, shall remain available through
September 30, 2016, for each such account for the purposes authorized:
Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations for
approval
prior to the expenditure of such funds:
Provided further,
That these requests shall be made in compliance with reprogramming
guidelines
under section 405 of this Act.
407. No funds in this Act may be used to support
any Federal, State, or local projects that seek to use the power of
eminent
domain, unless eminent domain is employed only for a public use:
Provided, That for purposes of
this section, public use shall not be construed to include economic
development
that primarily benefits private entities:
Provided further,
That any use of funds for mass transit, railroad, airport, seaport or
highway
projects, as well as utility projects which benefit or serve the general
public
(including energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated for use by
the
general public or which have other common-carrier or public-utility
functions
that serve the general public and are subject to regulation and oversight
by
the government, and projects for the removal of an immediate threat to
public
health and safety or brownsfields as defined in the Small Business
Liability
Relief and Brownsfield Revitalization Act (Public Law 107–118) shall be
considered a public use for purposes of eminent domain.
408. All Federal agencies and departments that
are funded under this Act shall issue a report to the House and Senate
Committees on Appropriations on all sole-source contracts in effect during
the
preceding fiscal year by no later than March 30, 2015. Such report shall
include the contractor, the amount of the contract and the rationale for
using
a sole-source contract.
409. None of the funds made available in this
Act may be transferred to any department, agency, or instrumentality of
the
United States Government, except pursuant to a transfer made by, or
transfer
authority provided in, this Act or any other appropriations Act.
410. No part of any appropriation contained in
this Act shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an employee
who has
left to enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and has
within
90 days after his or her release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his or her former position and has been
certified by the Office of Personnel Management as still qualified to
perform
the duties of his or her former position and has not been restored
thereto.
411. No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that in expending
the
assistance the entity will comply with sections 2 through 4 of the Buy
American
Act (41 U.S.C. 10a–10c).
412. No funds appropriated or otherwise made
available under this Act shall be made available to any person or entity
that
has been convicted of violating the Buy American Act (41 U.S.C.
10a–10c).
413. None of the funds made available in this
Act may be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
414. None of the funds made available under this
Act or any prior Act may be provided to the Association of Community
Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries,
or allied organizations.
415. 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.
416. 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 with 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.
417. It is the sense of the Congress that the
Congress should not pass any legislation that authorizes spending cuts
that
would increase poverty in the United States.
418. All agencies and departments funded by the
Act shall send to Congress at the end of the fiscal year a report
containing a
complete inventory of the total number of vehicles owned, leased,
permanently
retired, and purchased during fiscal year 2015, as well as the total cost
of
the vehicle fleet, including maintenance, fuel, storage, purchasing, and
leasing.
419. None of the funds made available by this
Act may be used to pay for the painting of a portrait of an officer or
employee
of the Federal Government, including the head of an Executive branch
agency, as
defined in section 133 of title 41, U.S.C.
420.
(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.
421. None of the funds made available in this
Act may be used to send or otherwise pay for the attendance of more than
50
employees of a single agency or department of the United States
Government, who
are stationed in the United States, at any single international conference
unless the relevant Secretary reports to the Committees on Appropriations
at
least 5 days in advance that such attendance is important to the national
interest:
Provided, That for purposes of
this section the term international conference shall mean a
conference occurring outside of the United States attended by
representatives
of the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
422.
(a) Notwithstanding any other provision of this
Act and except as provided in subsection (b), any report required to be
submitted by a Federal agency to the Committee on Appropriations of the
Senate
or the Committee on Appropriations of the House of Representatives under
this
Act shall be posted on the public Web site of that agency 30 days
following its
receipt by the committee.
(b) Subsection (a)
shall not apply to a report if—
(1) the public
posting of the report compromises national security; or
(2) the report
contains proprietary information.
423. Each department funded by this Act shall
submit a report by March 1st providing a detailed summary of advertising
by the
department in the prior fiscal year, including the total amount spent. The
report shall also include:
(1) a description of
the purpose and intent of the advertising (such as promoting awareness of
a
program, promoting services or participation, or public relations to
improve
the attitudes about a program or agency);
(2) a breakdown of
the costs of advertising by medium, including on-line (with a specific
total
for social media), brochures, billboards, sponsorships (including the list
of
all sponsorships), television, mail, and newspaper; and
(3) the cost of
development, production, and staffing, including the amount spent on the
salaries of department employees and payments to contractors and
consultants.
424. None of the funds made available in this
Act may be used to make bonus awards to contractors for work on projects
that
are behind schedule or over budget.
425. None of the funds in this Act may be used
for premium travel by an agency that did not provide a report on premium
travel
to GSA in the prior fiscal year.
426. Each department funded by this Act shall
submit a report by March 2, 2015, detailing its efforts to address the
duplication identified in the annual reports on duplication issued by the
Government Accountability Office, along with legal barriers preventing the
department’s ability to further reduce duplication.
427. None of the funds made available in this
Act may be used to purchase a light bulb for an office building unless the
light bulb has, to the extent practicable, an Energy Star or Federal
Energy
Management Program designation.
428. Any Federal agency or department that is
funded under this Act shall respond to any recommendation made to such
agency
or department by the Government Accountability Office in a timely
manner. This Act may be cited as the
Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2015.
June 5, 2014Read twice and placed on the calendar