Continuing Resolution for Govt. Funding

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    IA

    113TH CONGRESS2D SESSION H. J. RES. 124

    Making continuing appropriations for fiscal year 2015, and for other purposes.

    IN THE HOUSE OF REPRESENTATIVES

    SEPTEMBER 9, 2014

    Mr. ROGERS of Kentucky introduced the following joint resolution; which was

    referred to the Committee on Appropriations, and in addition to the Com-mittee on the Budget, for a period to be subsequently determined by the

    Speaker, in each case for consideration of such provisions as fall within

    the jurisdiction of the committee concerned

    JOINT RESOLUTION

    Making continuing appropriations for fiscal year 2015, and

    for other purposes.

    Resolved by the Senate and House of Representatives1

    of the United States of America in Congress assembled,2

    That the following sums are hereby appropriated, out of3

    any money in the Treasury not otherwise appropriated,4

    and out of applicable corporate or other revenues, receipts,5

    and funds, for the several departments, agencies, corpora-6

    tions, and other organizational units of Government for7

    fiscal year 2015, and for other purposes, namely:8

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    SEC. 101. (a) Such amounts as may be necessary,1

    at a rate for operations as provided in the applicable ap-2

    propriations Acts for fiscal year 2014 and under the au-3

    thority and conditions provided in such Acts, for con-4

    tinuing projects or activities (including the costs of direct5

    loans and loan guarantees) that are not otherwise specifi-6

    cally provided for in this joint resolution, that were con-7

    ducted in fiscal year 2014, and for which appropriations,8

    funds, or other authority were made available in the fol-9

    lowing appropriations Acts:10

    (1) The Agriculture, Rural Development, Food11

    and Drug Administration, and Related Agencies Ap-12

    propriations Act, 2014 (division A of Public Law13

    11376).14

    (2) The Commerce, Justice, Science, and Re-15

    lated Agencies Appropriations Act, 2014 (division B16

    of Public Law 11376).17

    (3) The Department of Defense Appropriations18

    Act, 2014 (division C of Public Law 11376).19

    (4) The Energy and Water Development and20

    Related Agencies Appropriations Act, 2014 (division21

    D of Public Law 11376).22

    (5) The Financial Services and General Govern-23

    ment Appropriations Act, 2014 (division E of Public24

    Law 11376).25

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    (6) The Department of Homeland Security Ap-1

    propriations Act, 2014 (division F of Public Law2

    11376).3

    (7) The Department of the Interior, Environ-4

    ment, and Related Agencies Appropriations Act,5

    2014 (division G of Public Law 11376).6

    (8) The Departments of Labor, Health and7

    Human Services, and Education, and Related Agen-8

    cies Appropriations Act, 2014 (division H of Public9

    Law 11376).10

    (9) The Legislative Branch Appropriations Act,11

    2014 (division I of Public Law 11376).12

    (10) The Military Construction and Veterans13

    Affairs, and Related Agencies Appropriations Act,14

    2014 (division J of Public Law 11376).15

    (11) The Department of State, Foreign Oper-16

    ations, and Related Programs Appropriations Act,17

    2014 (division K of Public Law 11376).18

    (12) The Transportation, Housing and Urban19

    Development, and Related Agencies Appropriations20

    Act, 2014 (division L of Public Law 11376).21

    (b) The rate for operations provided by subsection (a)22

    is hereby reduced by 0.0554 percent.23

    SEC. 102. (a) No appropriation or funds made avail-24

    able or authority granted pursuant to section 101 for the25

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    Department of Defense shall be used for: (1) the new pro-1

    duction of items not funded for production in fiscal year2

    2014 or prior years; (2) the increase in production rates3

    above those sustained with fiscal year 2014 funds; or (3)4

    the initiation, resumption, or continuation of any project,5

    activity, operation, or organization (defined as any project,6

    subproject, activity, budget activity, program element, and7

    subprogram within a program element, and for any invest-8

    ment items defined as a P1 line item in a budget activity9

    within an appropriation account and an R1 line item that10

    includes a program element and subprogram element with-11

    in an appropriation account) for which appropriations,12

    funds, or other authority were not available during fiscal13

    year 2014.14

    (b) No appropriation or funds made available or au-15

    thority granted pursuant to section 101 for the Depart-16

    ment of Defense shall be used to initiate multi-year pro-17

    curements utilizing advance procurement funding for eco-18

    nomic order quantity procurement unless specifically ap-19

    propriated later.20

    SEC. 103. Appropriations made by section 101 shall21

    be available to the extent and in the manner that would22

    be provided by the pertinent appropriations Act.23

    SEC. 104. Except as otherwise provided in section24

    102, no appropriation or funds made available or author-25

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    ity granted pursuant to section 101 shall be used to ini-1

    tiate or resume any project or activity for which appro-2

    priations, funds, or other authority were not available dur-3

    ing fiscal year 2014.4

    SEC. 105. Appropriations made and authority grant-5

    ed pursuant to this joint resolution shall cover all obliga-6

    tions or expenditures incurred for any project or activity7

    during the period for which funds or authority for such8

    project or activity are available under this joint resolution.9

    SEC. 106. Unless otherwise provided for in this joint10

    resolution or in the applicable appropriations Act for fiscal11

    year 2015, appropriations and funds made available and12

    authority granted pursuant to this joint resolution shall13

    be available until whichever of the following first occurs:14

    (1) the enactment into law of an appropriation for any15

    project or activity provided for in this joint resolution; (2)16

    the enactment into law of the applicable appropriations17

    Act for fiscal year 2015 without any provision for such18

    project or activity; or (3) December 11, 2014.19

    SEC. 107. Expenditures made pursuant to this joint20

    resolution shall be charged to the applicable appropriation,21

    fund, or authorization whenever a bill in which such appli-22

    cable appropriation, fund, or authorization is contained is23

    enacted into law.24

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    SEC. 108. Appropriations made and funds made1

    available by or authority granted pursuant to this joint2

    resolution may be used without regard to the time limita-3

    tions for submission and approval of apportionments set4

    forth in section 1513 of title 31, United States Code, but5

    nothing in this joint resolution may be construed to waive6

    any other provision of law governing the apportionment7

    of funds.8

    SEC. 109. Notwithstanding any other provision of9

    this joint resolution, except section 106, for those pro-10

    grams that would otherwise have high initial rates of oper-11

    ation or complete distribution of appropriations at the be-12

    ginning of fiscal year 2015 because of distributions of13

    funding to States, foreign countries, grantees, or others,14

    such high initial rates of operation or complete distribu-15

    tion shall not be made, and no grants shall be awarded16

    for such programs funded by this joint resolution that17

    would impinge on final funding prerogatives.18

    SEC. 110. This joint resolution shall be implemented19

    so that only the most limited funding action of that per-20

    mitted in the joint resolution shall be taken in order to21

    provide for continuation of projects and activities.22

    SEC. 111. (a) For entitlements and other mandatory23

    payments whose budget authority was provided in appro-24

    priations Acts for fiscal year 2014, and for activities under25

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    the Food and Nutrition Act of 2008, activities shall be1

    continued at the rate to maintain program levels under2

    current law, under the authority and conditions provided3

    in the applicable appropriations Act for fiscal year 2014,4

    to be continued through the date specified in section5

    106(3).6

    (b) Notwithstanding section 106, obligations for man-7

    datory payments due on or about the first day of any8

    month that begins after October 2014 but not later than9

    30 days after the date specified in section 106(3) may con-10

    tinue to be made, and funds shall be available for such11

    payments.12

    SEC. 112. Amounts made available under section 10113

    for civilian personnel compensation and benefits in each14

    department and agency may be apportioned up to the rate15

    for operations necessary to avoid furloughs within such de-16

    partment or agency, consistent with the applicable appro-17

    priations Act for fiscal year 2014, except that such author-18

    ity provided under this section shall not be used until after19

    the department or agency has taken all necessary actions20

    to reduce or defer non-personnel-related administrative ex-21

    penses.22

    SEC. 113. Funds appropriated by this joint resolution23

    may be obligated and expended notwithstanding section 1024

    of Public Law 91672 (22 U.S.C. 2412), section 15 of25

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    the State Department Basic Authorities Act of 1956 (221

    U.S.C. 2680), section 313 of the Foreign Relations Au-2

    thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.3

    6212), and section 504(a)(1) of the National Security Act4

    of 1947 (50 U.S.C. 3094(a)(1)).5

    SEC. 114. (a) Each amount incorporated by reference6

    in this joint resolution that was previously designated by7

    the Congress for Overseas Contingency Operations/Global8

    War on Terrorism pursuant to section 251(b)(2)(A) of the9

    Balanced Budget and Emergency Deficit Control Act of10

    1985 or as being for disaster relief pursuant to section11

    251(b)(2)(D) of such Act is designated by the Congress12

    for Overseas Contingency Operations/Global War on Ter-13

    rorism pursuant to section 251(b)(2)(A) of such Act or14

    as being for disaster relief pursuant to section15

    251(b)(2)(D) of such Act, respectively.16

    (b) The reduction in section 101(b) of this joint reso-17

    lution shall not apply to18

    (1) amounts designated under subsection (a) of19

    this section; or20

    (2) amounts made available by section 101(a)21

    by reference to the second paragraph under the22

    heading Social Security AdministrationLimita-23

    tion on Administrative Expenses in division H of24

    Public Law 11376.25

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    (c) Section 6 of Public Law 11376 shall apply to1

    amounts designated in subsection (a) for Overseas Contin-2

    gency Operations/Global War on Terrorism.3

    SEC. 115. During the period covered by this joint res-4

    olution, discretionary amounts appropriated for fiscal year5

    2015 that were provided in advance by appropriations6

    Acts shall be available in the amounts provided in such7

    Acts, reduced by the percentage in section 101(b).8

    SEC. 116. Notwithstanding section 101, amounts are9

    provided for Department of AgricultureDomestic Food10

    ProgramsFood and Nutrition ServiceCommodity As-11

    sistance Program at a rate for operations of12

    $275,701,000, of which $208,682,000 shall be for the13

    Commodity Supplemental Food Program.14

    SEC. 117. For Department of Health and Human15

    ServicesFood and Drug AdministrationSalaries and16

    Expenses, amounts shall be made available by this joint17

    resolution as if outsourcing facility fees authorized by 2118

    U.S.C. 379j62, were included after 21 U.S.C. 381,19

    in the second paragraph under such heading in division20

    A of Public Law 11376.21

    SEC. 118. Amounts made available by section 101 for22

    Department of CommerceNational Oceanic and At-23

    mospheric AdministrationProcurement, Acquisition and24

    Construction may be apportioned up to the rate for oper-25

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    ations necessary to maintain the planned launch schedules1

    for the Joint Polar Satellite System and the Geostationary2

    Operational Environmental Satellite system.3

    SEC. 119. Notwithstanding any other provision of4

    law, except sections 106 and 107 of this joint resolution,5

    for Department of DefenseOverseas Contingency Op-6

    erationsOperation and MaintenanceOperation and7

    Maintenance, Army, up to $50,000,000, to be derived by8

    reducing the amount otherwise made available by section9

    101 for such account, may be used to conduct surface and10

    subsurface clearance of unexploded ordnance at closed11

    training ranges used by the Armed Forces of the United12

    States in Afghanistan: Provided, That such funds may13

    only be used if the training ranges are not transferred to14

    the Islamic Republic of Afghanistan for use by its armed15

    forces: Provided further, That the authority provided by16

    this section shall continue in effect through the earlier of17

    the date specified in section 106(3) of this joint resolution18

    or the date of the enactment of an Act authorizing appro-19

    priations for fiscal year 2015 for military activities of the20

    Department of Defense: Provided further, That such21

    amount is designated as provided under section 114 for22

    such account.23

    SEC. 120. The following authorities shall continue in24

    effect through the earlier of the date specified in section25

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    106(3) of this joint resolution or the date of the enactment1

    of an Act authorizing appropriations for fiscal year 20152

    for military activities of the Department of Defense:3

    (1) Section 1004 of the National Defense Au-4

    thorization Act for Fiscal Year 1991 (Public Law5

    101510; 10 U.S.C. 374 note).6

    (2) Section 1215 of the National Defense Au-7

    thorization Act for Fiscal Year 2012 (Public Law8

    11281; 10 U.S.C. 113 note).9

    (3) Section 127b of title 10, United States10

    Code, notwithstanding subsection (c)(3)(C) of such11

    section.12

    (4) Subsection (b) of section 572 of the Na-13

    tional Defense Authorization Act for Fiscal Year14

    2006 (20 U.S.C. 7703b(b)), notwithstanding para-15

    graph (4) of such subsection.16

    SEC. 121. (a) Funds made available by section 10117

    for Department of EnergyEnergy ProgramsUra-18

    nium Enrichment Decontamination and Decommissioning19

    Fund may be apportioned up to the rate for operations20

    necessary to avoid disruption of continuing projects or ac-21

    tivities funded in this appropriation.22

    (b) The Secretary of Energy shall notify the Commit-23

    tees on Appropriations of the House of Representatives24

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    and the Senate not later than 3 days after each use of1

    the authority provided in subsection (a).2

    SEC. 122. (a) Funds made available by section 1013

    for Department of EnergyEnvironmental and Other4

    Defense ActivitiesDefense Environmental Cleanup for5

    the Waste Isolation Pilot Plant may be obligated at a rate6

    for operations necessary to assure timely execution of ac-7

    tivities necessary to restore and upgrade the repository.8

    (b) The Secretary of Energy shall notify the Commit-9

    tees on Appropriations of the House of Representatives10

    and the Senate on each use of the spending rate authority11

    provided in this section that exceeds customary apportion-12

    ment allocations.13

    SEC. 123. Notwithstanding any other provision of14

    this joint resolution, except section 106, the District of15

    Columbia may expend local funds under the heading Dis-16

    trict of Columbia Funds for such programs and activities17

    under title IV of H.R. 5016 (113th Congress), as passed18

    by the House of Representatives on July 16, 2014, at the19

    rate set forth under District of Columbia FundsSum-20

    mary of Expenses as included in the Fiscal Year 201521

    Budget Request Act of 2014 (D.C. Act 20370), as modi-22

    fied as of the date of the enactment of this joint resolution.23

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    SEC. 124. Notwithstanding section 101, amounts are1

    provided for Office of Special CounselSalaries and Ex-2

    penses at a rate for operations of $22,939,000.3

    SEC. 125. The third proviso under the heading4

    Small Business AdministrationBusiness Loans Pro-5

    gram Account in division E of Public Law 11376 is6

    amended by striking $17,500,000,000 and inserting7

    $18,500,000,000: Provided, That amounts made avail-8

    able by section 101 for such proviso under such heading9

    may be apportioned up to the rate for operations necessary10

    to accommodate increased demand for commitments to11

    general business loans under section 7(a) of the Small12

    Business Act: Provided further, That this section shall be-13

    come effective upon enactment of this joint resolution.14

    SEC. 126. Sections 1101(a) and 1104(a)(2)(A) of the15

    Internet Tax Freedom Act (title XI of division C of Public16

    Law 105277; 47 U.S.C. 151 note) shall be applied by17

    substituting the date specified in section 106(3) of this18

    joint resolution for November 1, 2014.19

    SEC. 127. Section 550(b) of Public Law 109295 (620

    U.S.C. 121 note) shall be applied by substituting the date21

    specified in section 106(3) of this joint resolution for Oc-22

    tober 4, 2014.23

    SEC. 128. The authority provided by section 831 of24

    the Homeland Security Act of 2002 (6 U.S.C. 391) shall25

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    continue in effect through the date specified in section1

    106(3) of this joint resolution.2

    SEC. 129. (a) Amounts made available by section 1013

    for the Department of Homeland Security for U.S. Cus-4

    toms and Border ProtectionSalaries and Expenses,5

    U.S. Customs and Border ProtectionBorder Security6

    Fencing, Infrastructure, and Technology, U.S. Customs7

    and Border ProtectionAir and Marine Operations,8

    U.S. Customs and Border ProtectionConstruction and9

    Facilities Management, and U.S. Immigration and Cus-10

    toms EnforcementSalaries and Expenses shall be obli-11

    gated at a rate for operations as necessary to respec-12

    tively13

    (1) sustain the staffing levels of U.S. Customs14

    and Border Protection officers and Border Patrol15

    agents in accordance with the provisos under the16

    heading U.S. Customs and Border ProtectionSal-17

    aries and Expenses in division F of Public Law18

    11376;19

    (2) sustain border security and immigration en-20

    forcement operations;21

    (3) sustain necessary Air and Marine oper-22

    ations; and23

    (4) sustain the staffing levels of U.S. Immigra-24

    tion and Customs Enforcement agents, equivalent to25

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    the staffing levels achieved on September 30, 2014,1

    and comply with the fifth proviso under the heading2

    U.S. Immigration and Customs EnforcementSal-3

    aries and Expenses in division F of Public Law4

    11376.5

    (b) The Secretary of Homeland Security shall notify6

    the Committees on Appropriations of the House of Rep-7

    resentatives and the Senate on each use of the authority8

    provided in this section.9

    SEC. 130. Notwithstanding section 810 of the Fed-10

    eral Lands Recreation Enhancement Act (16 U.S.C.11

    6809), the authority described in such section shall con-12

    tinue in effect through the date specified in section 106(3)13

    of this joint resolution.14

    SEC. 131. (a) The authority provided by subsection15

    (m)(3) of section 8162 of the Department of Defense Ap-16

    propriations Act, 2000 (40 U.S.C. 8903 note; Public Law17

    10679) shall continue in effect through the date specified18

    in section 106(3) of this joint resolution.19

    (b) For the period covered by this joint resolution,20

    the authority provided by the provisos under the heading21

    Dwight D. Eisenhower Memorial CommissionCapital22

    Construction in division E of Public Law 11274 shall23

    not be in effect.24

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    SEC. 132. Activities authorized under part A of title1

    IV and section 1108(b) of the Social Security Act (other2

    than under section 413(h) of such Act) shall continue3

    through the date specified in section 106(3) of this joint4

    resolution, in the manner authorized for fiscal year 20145

    (except that the amount appropriated for section 403(b)6

    of such Act shall be $598,000,000, and the requirement7

    to reserve funds provided for in section 403(b)(2) of such8

    Act shall not apply with respect to this section), and out9

    of any money in the Treasury of the United States not10

    otherwise appropriated, there are hereby appropriated11

    such sums as may be necessary for such purpose. Grants12

    and payments may be made pursuant to this authority13

    through the applicable portion of the first quarter of fiscal14

    year 2015 at the pro rata portion of the level provided15

    for such activities through the first quarter of fiscal year16

    2014.17

    SEC. 133. Amounts allocated to Head Start grantees18

    from amounts identified in the seventh proviso under the19

    heading Department of Health and Human Services20

    Administration for Children and FamiliesChildren and21

    Families Services Programs in Public Law 11376 shall22

    not be included in the calculation of the base grant in23

    fiscal year 2015, as such term is used in section24

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    640(a)(7)(A) of the Head Start Act (42 U.S.C.1

    9835(a)(7)(A)).2

    SEC. 134. The first proviso under the heading De-3

    partment of Health and Human ServicesAdministration4

    for Children and FamiliesLow Income Home Energy5

    Assistance in division F of Public Law 11376 shall be6

    applied to amounts made available by this joint resolution7

    by substituting 2015 for 2014.8

    SEC. 135. Amounts provided by this joint resolution9

    for Department of Health and Human ServicesAdmin-10

    istration for Children and FamiliesRefugee and Entrant11

    Assistance may be apportioned up to the rate for oper-12

    ations necessary to maintain program operations at the13

    level provided in fiscal year 2014.14

    SEC. 136. Notwithstanding section 101, amounts are15

    provided for Department of Health and Human Serv-16

    icesOffice of the SecretaryPublic Health and Social17

    Services Emergency Fund at a rate for operations of18

    $1,301,430,000, of which $58,000,000 may be appor-19

    tioned up to the rate for operations necessary for expenses20

    to support acceleration of countermeasure and product ad-21

    vanced research and development pursuant to section22

    319L of the Public Health Service Act for addressing23

    Ebola therapies.24

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    SEC. 137. Notwithstanding section 101, amounts are1

    provided for Department of Health and Human Serv-2

    icesCenters for Disease Control and PreventionGlobal3

    Health at a rate for operations of $413,000,000, of4

    which $30,000,000 may be apportioned up to the rate for5

    operations necessary to support the responses of the Cen-6

    ters for Disease Control and Prevention (referred to in7

    this section as the CDC) to the outbreak of Ebola virus8

    in Africa: Provided, That such funds made available for9

    responses to the outbreak of Ebola virus in Africa shall10

    be available for transfer by the Director of the CDC to11

    other accounts of the CDC for such support: Provided fur-12

    ther, That the Director of the CDC shall notify the Com-13

    mittees on Appropriations of the House of Representatives14

    and the Senate not later than 30 days after the date of15

    any transfer under the preceding proviso.16

    SEC. 138. Amounts made available by this joint reso-17

    lution for Department of EducationRehabilitation18

    Services and Disability Research, Department of Edu-19

    cationDepartmental ManagementProgram Adminis-20

    tration, and Department of Health and Human Serv-21

    icesAdministration for Community LivingAging and22

    Disability Services Programs may be obligated in the ac-23

    count and budget structure set forth in section 491 of the24

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    Workforce Innovation and Opportunity Act (42 U.S.C.1

    3515e).2

    SEC. 139. Of the unobligated balance of amounts pro-3

    vided by section 108 of Public Law 1113,4

    $4,549,000,000 is rescinded.5

    SEC. 140. Section 113 of division H of Public Law6

    11376 shall be applied by substituting the date specified7

    in section 106(3) for September 30, 2014.8

    SEC. 141. (a) Notwithstanding section 101, amounts9

    are made available for accounts in title I of division J of10

    Public Law 11376 at an aggregate rate for operations11

    of $6,558,223,500.12

    (b) Not later than 30 days after the date of enact-13

    ment of this joint resolution, the Secretary of Defense14

    shall submit to the Committees on Appropriations of the15

    House of Representatives and the Senate a report delin-16

    eating the allocation of budget authority in subsection (a)17

    by account and project.18

    SEC. 142. Notwithstanding section 101, amounts are19

    provided for Department of Veterans AffairsDepart-20

    mental AdministrationGeneral Operating Expenses,21

    Veterans Benefits Administration at a rate for operations22

    of $2,524,254,000.23

    SEC. 143. Notwithstanding section 101, amounts are24

    provided for Department of Veterans AffairsDepart-25

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    HJ 124 IH

    mental AdministrationOffice of Inspector General at1

    a rate for operations of $126,411,000.2

    SEC. 144. Section 209 of the International Religious3

    Freedom Act of 1998 (22 U.S.C. 6436) shall be applied4

    by substituting the date specified in section 106(3) of this5

    joint resolution for September 30, 2014.6

    SEC. 145. Amounts made available by section 101 for7

    Broadcasting Board of GovernorsInternational Broad-8

    casting Operations, Bilateral Economic Assistance9

    Funds Appropriated to the PresidentEconomic Support10

    Fund, International Security AssistanceDepartment11

    of StateInternational Narcotics Control and Law En-12

    forcement, International Security AssistanceDepart-13

    ment of StateNonproliferation, Anti-terrorism,14

    Demining and Related Programs, and International Se-15

    curity AssistanceFunds Appropriated to the Presi-16

    dentForeign Military Financing Program shall be obli-17

    gated at a rate for operations as necessary to sustain as-18

    sistance for Ukraine and independent states of the Former19

    Soviet Union and Central and Eastern Europe to counter20

    external, regional aggression and influence.21

    SEC. 146. Section 7081(4) of division K of Public22

    Law 11376 shall be applied to amounts made available23

    by this joint resolution by substituting the date specified24

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    in section 106(3) of this joint resolution for September1

    30, 2014.2

    SEC. 147. The Export-Import Bank Act of 1945 (123

    U.S.C. 635 et seq.) shall be applied through June 30,4

    2015, by substituting such date for September 30, 20145

    in section 7 of such Act.6

    SEC. 148. (a) Section 44302(f) of title 49, United7

    States Code, is amended by striking September 30,8

    2014 and inserting the date specified in section 106(3)9

    of the Continuing Appropriations Resolution, 2015.10

    (b) Section 44303(b) of title 49, United States Code,11

    is amended by striking September 30, 2014 and insert-12

    ing the date specified in section 106(3) of the Continuing13

    Appropriations Resolution, 2015.14

    (c) Section 44310(a) of title 49, United States Code,15

    is amended by striking September 30, 2014 and insert-16

    ing the date specified in section 106(3) of the Continuing17

    Appropriations Resolution, 2015.18

    This joint resolution may be cited as the Continuing19

    Appropriations Resolution, 2015.20