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H.R. 4745 — what changed

Department of Transportation Appropriations Act, 2015

From Reported in House to Engrossed in House. 8 sections amended, 24 added, and 1 removed between Reported in House and Engrossed in House.

Sec. 102

changed The Secretary or his designee may engage Notwithstanding section 3324 of title 31, United States Code, in activities with addition to authority provided by section 327 of title 49, United States and State legislators Code, the Department's Working Capital Fund is hereby authorized to consider proposals related provide payments in advance to vendors that are necessary to carry out the reduction Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of motorcycle fatalities.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.

Sec. 103

changed 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 Secretary shall post on the Federal transit pass transportation fringe benefit program under Executive Order 13150 and section 3049 Web site of Public Law 109–59: Provided, That the Department shall include adequate safeguards in of Transportation a schedule of all meetings of the contract with Credit Council, including the vendors to ensure timely agenda for each meeting, and high-quality performance under require the contract.Credit Council to record the decisions and actions of each meeting.

Sec. 104

removed

removed 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.

Sec. 120

Contingent upon reauthorization:

(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)
changed 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 section 202 or 204 of title 23, United States Code); and
(B)
for which obligation limitation was provided in a previous fiscal year;
(3)
determine the proportion that—
(A)
the obligation limitation for Federal-aid Highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B)
the total of the sums authorized to be appropriated for the Federal-aid Highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(13) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(4)
distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying—
(A)
the proportion determined under paragraph (3); by
(B)
the amounts authorized to be appropriated for each such program for such fiscal year; and
(5)
distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid Highways and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—
(A)
amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to
(B)
the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year.
(b)
Exceptions From Obligation Limitation— The obligation limitation for Federal-aid Highways shall not apply to obligations under or for—
(1)
section 125 of title 23, United States Code;
(2)
section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3)
section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(4)
subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5)
subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6)
sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7)
section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8)
section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
(9)
Federal-aid Highways programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(10)
section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
(11)
section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and
(12)
section 119 of title 23, United States Code (as in effect for fiscal years 2013 and 2014, but only in an amount equal to $639,000,000 for each of those fiscal years); and
(13)
section 119 of title 23, United States Code (but, for fiscal year 2015, only in an amount equal to $639,000,000).
(c)
Redistribution of Unused Obligation Authority— Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year—
(1)
revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and
(2)
redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141) and 104 of title 23, United States Code.
(d)
Applicability of Obligation Limitations to Transportation Research Programs—
(1)
In general— Except as provided in paragraph (2), the obligation limitation for Federal-aid Highways shall apply to contract authority for transportation research programs carried out under—
(A)
chapter 5 of title 23, United States Code; and
(B)
division E of the Moving Ahead for Progress in the 21st Century Act.
(2)
Exception— Obligation authority made available under paragraph (1) shall—
(A)
remain available for a period of 4 fiscal years; and
(B)
be in addition to the amount of any limitation imposed on obligations for Federal-aid Highways and highway safety construction programs for future fiscal years.
(e)
Redistribution of Certain Authorized Funds—
(1)
In general— Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
(A)
are authorized to be appropriated for such fiscal year for Federal-aid Highways programs; and
(B)
the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year.
(2)
Ratio— Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5).
(3)
Availability— Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

Sec. 131

changed The Federal Motor Carrier Safety Administration shall send notice of 49 C.F.R. CFR section 385.308 violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations.

Sec. 203

changed Sections 203 and 209 of division C of Public Law 112–55 (125 Stat. 693–694) shall apply during fiscal year 2015 as if such sections were included in this title, except that during such fiscal year such sections shall be applied by substituting “fiscal year 2015” for “fiscal year 2011” and for “fiscal year 2012” each place such terms appear, and shall be amended to reflect revised delineations of statistical areas established by the Office of Management and Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d), and Executive Order No. 10253.

Sec. 215

changed Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), 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.

Sec. 411

changed No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 10a–10c, popularly known as the “Buy American Act”).

Sec. 412

changed 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).10a–10c).

Sec. 417

added

added None of the funds made available by this Act may be used to require the relocation, or to carry out any required relocation, of any asset management positions of the Office of Multifamily Housing of the Department of Housing and Urban Development in existence as of the date of the enactment of this Act.

Sec. 418

added

added None of the funds made available by this Act may be used in contravention of the 5th or 14th Amendment to the Constitution or title VI of the Civil Rights Act of 1964.

Sec. 419

added

added None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.–E.U.–Iceland–Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.–E.U.–Iceland–Norway Air Transport Agreement.

Sec. 420

added

added None of the funds made available by this Act under the heading “Federal Transit Administration—Transit Formula Grants” may be used in contravention of section 5309 of title 49, United States Code.

Sec. 421

added

added None of the funds made available under title II of this Act may be used to repay any loan made, guaranteed, or insured by the Department of Housing and Urban Development.

Sec. 422

added

added None of the funds made available in this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by the Federal Acquisition Regulation, that the offeror or any of its principals—

(1)
added within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(2)
added are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or
(3)
added within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

Sec. 423

added

added None of the funds made available by this Act may be used to develop or implement any rule to modify the criteria relating to citizenship that are applied in determining whether a person is eligible to be an operator (including a ship manager or agent) of a vessel in the National Defense Reserve Fleet.

Sec. 424

added

added None of the funds made available by this Act may be used to administer the National Highway Traffic Safety Administration’s National Roadside Survey.

Sec. 425

added

added None of the funds made available by this Act may be used to develop, issue, or implement regulations that increase levels of minimum financial responsibility for transporting passengers or property as in effect on January 1, 2014, under regulations issued pursuant to sections 31138 and 31139 of title 49, United States Code.

Sec. 426

added

added None of the funds made available by this Act may be used to implement, administer, or enforce the proposed rule entitled “Affirmatively Furthering Fair Housing”, published by the Department of Housing and Urban Development in the Federal Register on July 19, 2013 (78 Fed. Reg. 43710; Docket No. FR–5173–P–01).

Sec. 427

added

added None of the funds made available by this Act may be used to acquire a camera for the purpose of collecting or storing vehicle license plate numbers.

Sec. 428

added

added None of the funds made available by this Act may be used for the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568).

Sec. 429

added

added None of the funds made available in this Act may be used to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in section 2313(c)(1) of title 41, United States Code, in the Federal Awardee Performance and Integrity Information System include the term “Fair Labor Standards Act.”.

Sec. 430

added

added None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) with respect to grants under section 106 of such Act (42 U.S.C. 5306).

Sec. 431

added

added None of the funds made available in this Act may be used to make incentive payments pursuant to 48 CFR 16.4 to contractors for contracts that are behind schedule under the terms of the contract as prescribed by 48 CFR 52.211 or over the contract amount indicated in Standard Form 33, box 20.

Sec. 432

added

added None of the funds made available by this Act may be used to promulgate, implement, or enforce any regulations that would mandate Global Positioning System (GPS) tracking or event data recorders in light-duty noncommercial passenger motor vehicles.

Sec. 433

added

added None of the funds made available by this Act may be used to provide mortgage insurance under title II of the National Housing Act (12 U.S.C. 1701 et seq.) for any mortgage on a 1- to 4-family dwelling to be used as the principal residence of a mortgagor who provides only an individual taxpayer identification number (ITIN) for identification.

Sec. 434

added

added None of the funds made available by this Act may be used to enter into any contract with an incorporated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

Sec. 435

added

added None of the funds made available by this Act may be used in contravention of section 24305(c)(4) of title 49, United States Code.

Sec. 436

added

added None of the funds made available by this Act shall be used to support Amtrak’s route with the highest loss, measured by contributions/(Loss) per Rider, as based on the National Railroad Passenger Corporation Fiscal Years 2013–2017 Five Year Plan from May 2013.

Sec. 437

added

added None of the funds made available in this Act may be used by the Secretary or the Federal Transit Administration to implement, administer, or enforce section 18.36(c)(2) of title 49, Code of Federal Regulations, for construction hiring purposes.

Sec. 438

added

added None of the funds made available by this Act may be used to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.

Sec. 439

added

added None of the funds made available by this Act may be used for high-speed rail in the State of California or for the California High-Speed Rail Authority.

Sec. 440

added

added None of the funds made available by this Act may be used to implement, administer, or enforce paragraph (c)(3) of section 982.503, Code of Federal Regulations.