collect and spend fees, 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 serv-
icing 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 administra-
tive expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limita-
tion on administrative expenses under section 608 of title 
23, United States Code. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
Contingent upon reauthorization, for carrying out the 
provisions of title 23, United States Code, that are attrib-
utable to Federal-aid highways, not otherwise provided, in-
cluding reimbursement for sums expended pursuant to the 
provisions of 23 U.S.C. 308, $39,882,583,000 or so much 
thereof as may be available in and derived from the High-
way Trust Fund (other than the Mass Transit Account), 
to remain available until expended. 
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ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. Contingent upon reauthorization, the fol-
lowing authorities shall apply for fiscal year 2013: 
(a) The Secretary of Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 
104(a) of title 23, United States Code; programs 
funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code 
(as in effect on the date before the date of enact-
ment of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users); the 
highway use tax evasion program; and the Bureau of 
Transportation Statistics; 
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts made avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for Federal-aid highways and 
highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
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TKELLEY on DSK3SPTVN1PROD with BILLS
(A) the obligation limitation for Federal- 
aid highways, less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears 
to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through ( 9 ) of subsection (b) and sums au-
thorized to be appropriated for section 105 of 
title 23, United States Code, equal to the 
amount referred to in subsection (b)(10) for 
such fiscal year), less the aggregate of the 
amounts not distributed under paragraphs (1) 
and (2) of this subsection; 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
sections 1301, 1302, and 1934 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users; section 117 and section 144(g) 
of title 23, United States Code; and section 14501 
of title 40, United States Code, so that the amount 
of obligation authority available for each of such sec-
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tions is equal to the amount determined by multi-
plying the ratio determined under paragraph (3) by 
the sums authorized to be appropriated for that sec-
tion for the fiscal year; and 
(B) distribute $2,000,000,000 for section 105 
of title 23, United States Code; 
(5) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraph (4), 
for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for 
Users and title 23, United States Code, (other than 
to programs to which paragraphs (1) and (4) apply), 
by multiplying the ratio determined under paragraph 
(3) by the amounts authorized to be appropriated 
for each such program for such fiscal year; and 
(6) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraphs (4) 
and (5), for Federal-aid highways and highway safe-
ty construction programs (other than the amounts 
apportioned for the equity bonus program, but only 
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to the extent that the amounts apportioned for the 
equity bonus program for the fiscal year are greater 
than $2,639,000,000, and the Appalachian develop-
ment highway system program) that are apportioned 
by the Secretary under the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users and title 23, United States Code, in the 
ratio that— 
(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
not apply to obligations: 
(1) under section 125 of title 23, United States 
Code; 
(2) under section 147 of the Surface Transpor-
tation Assistance Act of 1978; 
(3) under section 9 of the Federal-Aid Highway 
Act of 1981; 
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(4) under subsections (b) and (j) of section 131 
of the Surface Transportation Assistance Act of 
1982; 
(5) under subsections (b) and (c) of section 149 
of the Surface Transportation and Uniform Reloca-
tion Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the 
Intermodal Surface Transportation Efficiency Act of 
1991; 
(7) under section 157 of title 23, United States 
Code, as in effect on the day before the date of the 
enactment of the Transportation Equity Act for the 
21st Century; 
(8) under 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) for Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century or 
subsequent public laws for multiple years or to re-
main available until used, but only to the extent that 
the obligation authority has not lapsed or been used; 
(10) under section 105 of title 23, United 
States Code, but only in an amount equal to 
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$639,000,000 for each of fiscal years 2005 through 
2013; and 
(11) under section 1603 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, to the extent that funds obli-
gated in accordance with that section were not sub-
ject to a limitation on obligations at the time at 
which the funds were initially made available for ob-
ligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year, and 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 104 and 144 of title 
23, United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
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countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway 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 the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
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(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection 
(a)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
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aid Highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
Highways and highway safety construction programs. 
SEC. 122. Not less than 15 days prior to waiving, 
under his statutory authority, any Buy America require-
ment for Federal-aid highway projects, the Secretary of 
Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver 
and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the House and Senate 
Committees on Appropriations on any waivers granted 
under the Buy America requirements. 
SEC. 123. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
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(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of nontoll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY
VEHICLE
LANES.—A 
high-occupancy vehicle lane that is converted to a 
toll lane shall not be subject to this section, and 
shall not be considered to be a nontoll lane for pur-
poses of determining whether a highway will have 
fewer nontoll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or 
other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
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ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
Contingent upon reauthorization, for payment of obli-
gations incurred in the implementation, execution and ad-
ministration of motor carrier safety operations and pro-
grams pursuant to section 31104(i) of title 49, United 
States Code, and sections 4127 and 4134 of Public Law 
109–59, $244,144,000, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account), to-
gether with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration: Provided, 
That none of the funds derived from the Highway Trust 
Fund in this Act shall be available for the implementation, 
execution or administration of programs, the obligations 
for which are in excess of $244,144,000, for ‘‘Motor Car-
rier Safety Operations and Programs’’ of which 
$8,543,000, to remain available for obligation until Sep-
tember 30, 2015, is for the research and technology pro-
gram and $1,000,000 shall be available for commercial 
motor vehicle operator’s grants to carry out section 4134 
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