184 
HR 3684 PCS
No. 
Project 
Name 
City 
State/Ter-
ritory 
Amount 
1451 
BeerLine 
Bike 
and 
Pedes-
trian 
Trail 
Milwaukee 
WI 
1,200,000 
1452 
CTH CC from 
Ash Street to 
CTH 
D 
Oregon 
WI 
2,000,000 
1453 
CTH CV from 
Government 
Road to USH 
Madison 
WI 
2,000,000 
1454 
CTH 
M/Cen-
tury 
Avenue 
Bridge 
(B– 
13–0046) 
over 
Pheas-
ant 
Branch 
Replacement 
Including Ap-
proaches and 
Branch 
Street Inter-
section 
Middleton 
WI 
2,000,000 
1455 
CTH P from 
CTH PD to 
CTH 
S 
Klevenville 
WI 
2,000,000 
1456 
I–94 Screening 
Wall 
at 
Woods 
Na-
tional Ceme-
tery 
Milwaukee 
WI 
2,000,000 
1457 
Milwaukee 
Country 
Transit 
Bus 
Purchase 
Wauwatosa 
WI 
4,000,000 
1458 
Milwaukee 
County Tran-
sit 
Security 
Initiative 
Wauwatosa 
WI 
2,000,000 
1459 
Reconstruction 
of 
Silver 
Spring Drive 
Glendale 
WI 
4,500,000 
1460 
Reedsburg 
– 
Baraboo, 
Preston Ave-
nue to STH 
Const./ 
Mill & Over-
lay, State 3R 
Reedsburg 
WI 
125,000 
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No. 
Project 
Name 
City 
State/Ter-
ritory 
Amount 
1461 
Reedsburg 
– 
Wisconsin 
Dells 
STH 
136 Intersec-
tion 
Const./ 
Intersection 
Improvement/ 
RAB 
Safety 
Reedsburg 
WI 
1,600,000 
1462 
South 
Kinnickinnic 
Avenue 
Re-
surfacing 
Project 
St. Francis 
WI 
700,000 
1463 
US 
(Wis-
consin River 
to 
Oak 
Street) 
be-
tween Spring 
Green 
& 
Madison 
Arena 
WI 
2,000,000 
1464 
Vliet Street Re-
surfacing 
Project 
Milwaukee 
WI 
4,200,000 
1465 
Hal Greer Bou-
levard 
Cor-
ridor 
Up-
grade 
Huntington 
WV 
6,400,000 
1466 
Michael Angiulli 
Memorial 
Bridge 
North View 
WV 
2,080,000 
1467 
New 
Cum-
berland—WV 
New Cum-
berland 
WV 
3,200,000 
1468 
Princeton Over-
head 
Bridge 
Princeton 
WV 
3,600,000 
1469 
Rock 
Creek 
Inter-
change—New 
Access Road 
Rock Creek 
WV 
10,000,000 
1470 
Route 
Scherr Over-
pass 
Scherr 
WV 
3,120,000 
1471 
Van 
Voorhis 
Road 
Morgantown 
WV 
6,800,000 
1472 
WVU PRT Pas-
senger 
Sta-
tions 
Reha-
bilitation 
Project 
Morgantown 
WV 
4,800,000 
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No. 
Project 
Name 
City 
State/Ter-
ritory 
Amount 
1473 
Excelsior 
Springs Safe 
Streets 
and 
Sidewalks 
Excelsior 
Springs 
MO 
9,444,706 
1474 
Fox River Re-
gional Trail: 
Hoover For-
est Preserve- 
Fox 
River 
Bluffs 
Con-
necting Trail 
Segment 
Yorkville 
IL 
240,000 
1475 
City 
of 
Red 
Wing 
Levee 
Road 
Re-
alignment 
Project 
Red Wing 
MN 
3,124,521 
SEC. 108. REPORT ON PROGRESS OF DBE PROGRAM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, 
the Secretary of Transportation shall submit to Congress 
a report on the disadvantaged business enterprises pro-
gram carried out by the Department of Transportation 
pursuant to section 1101(c) of this division. 
(b) CONTENTS.—The report required under sub-
section (a) shall include, at a minimum, the percentage 
and dollar amount of Federal funds paid to small business 
concerns owned and controlled by socially and economi-
cally disadvantaged individuals in the prior fiscal year for 
each State and territory of the United States. 
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(c) DEFINITIONS.—The terms ‘‘small business con-
cern’’ and ‘‘socially and economically disadvantaged indi-
viduals’’ have the meanings given such terms in section 
1101(c)(2). 
DIVISION B—SURFACE 
TRANSPORTATION 
SEC. 1001. APPLICABILITY OF DIVISION. 
(a) APPLICABILITY.—This division, including the 
amendments made by this division, applies beginning on 
October 1, 2022. 
(b) REFERENCE TO DATE OF ENACTMENT.—In this 
division and the amendments made by this division, any 
reference to— 
(1) the date of enactment of this Act; 
(2) the date of enactment of a provision of this 
division; 
(3) the date of enactment of a provision added 
to law by an amendment made by this division; or 
(4) the date of enactment of the INVEST in 
America Act added to law by an amendment made 
by this division, 
shall be treated as a reference to October 1, 2022. 
(c) EXCEPTION
FOR IMMEDIATE APPLICATION.— 
Subsections (a) and (b) shall not apply to the following 
sections and any amendments made by such sections: 
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(1) Section 1105. 
(2) Section 1107. 
(3) Section 1305. 
(4) Subsections (c)(1) and (d) of section 2104. 
(5) Section 2106. 
(6) Section 2112. 
(7) Section 2204(1)(A). 
(8) Section 2305. 
(9) Section 2307. 
(10) Section 2902(2). 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Program Conditions 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are au-
thorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For 
the national highway performance program under 
section 119 of title 23, United States Code, the pre- 
disaster mitigation program under section 124 of 
such title, the railway crossings program under sec-
tion 130 of such title, the surface transportation 
program under section 133 of such title, the high-
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way safety improvement program under section 148 
of such title, the congestion mitigation and air qual-
ity improvement program under section 149 of such 
title, the clean corridors program under section 151 
of such title, the national highway freight program 
under section 167 of such title, the carbon pollution 
reduction program under section 171 of such title, 
and metropolitan planning under section 134 of such 
title— 
(A) $56,522,048,429 for fiscal year 2023; 
(B) $57,480,646,776 for fiscal year 2024; 
(C) $58,595,359,712 for fiscal year 2025; 
and 
(D) $59,618,666,186 for fiscal year 2026. 
(2) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION PROGRAM.—For credit as-
sistance under the transportation infrastructure fi-
nance and innovation program under chapter 6 of 
title 23, United States Code, $250,000,000 for each 
of fiscal years 2023 through 2026. 
(3) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY TERMINAL FACILITIES.—For construction of 
ferry boats and ferry terminal facilities under sec-
tion 
147 
of 
title 
23, 
United 
States 
Code, 
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$120,000,000 for each of fiscal years 2023 through 
2026. 
(4) FEDERAL LANDS AND TRIBAL TRANSPOR-
TATION PROGRAMS.— 
(A) 
TRIBAL
TRANSPORTATION
PRO-
GRAM.—For the tribal transportation program 
under section 202 of title 23, United States 
Code, $800,000,000 for each of fiscal years 
2023 through 2026. 
(B) FEDERAL
LANDS
TRANSPORTATION 
PROGRAM.— 
(i) IN
GENERAL.—For the Federal 
lands transportation program under sec-
tion 203 of title 23, United States Code, 
$555,000,000 for each of fiscal years 2023 
through 2026. 
(ii) ALLOCATION.—Of the amount 
made available for a fiscal year under 
clause (i)— 
(I) the amount for the National 
Park Service is $400,000,000 for each 
of fiscal years 2023 through 2026; 
(II) the amount for the United 
States Fish and Wildlife Service is 
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$50,000,000 for each of fiscal years 
2023 through 2026; 
(III) the amount for the United 
States Forest Service is $50,000,000 
for each of fiscal years 2023 through 
2026; 
(IV) the amount for the Corps of 
Engineers is $16,000,000 for each of 
fiscal years 2023 through 2026; 
(V) the amount for the Bureau 
of Land Management is $16,000,000 
for each of fiscal years 2023 through 
2026; 
(VI) the amount for the Bureau 
of Reclamation is $16,000,000 for 
each of fiscal years 2023 through 
2026; and 
(VII) the amount for independent 
Federal agencies with natural re-
source and land management respon-
sibilities is $7,000,000 for each of fis-
cal years 2023 through 2026. 
(C) FEDERAL LANDS ACCESS PROGRAM.— 
For the Federal lands access program under 
section 204 of title 23, United States Code, 
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$345,000,000 for each of fiscal years 2023 
through 2026. 
(D) FEDERAL LANDS AND TRIBAL MAJOR 
PROJECTS GRANTS.—To carry out section 208 
of title 23, United States Code, $400,000,000 
for each of fiscal years 2023 through 2026. 
(5) TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM.—For the territorial and Puerto Rico 
highway program under section 165 of title 23, 
United States Code, the amounts specified in para-
graphs (1) and (2) of section 165(a) for each of fis-
cal years 2023 through 2026. 
(6) PROJECTS
OF
NATIONAL
AND
REGIONAL 
SIGNIFICANCE.—For projects of national and re-
gional significance under section 117 of title 23, 
United States Code, $3,000,000,000 for each of fis-
cal years 2023 through 2026. 
(7) COMMUNITY TRANSPORTATION INVESTMENT 
GRANTS.—To carry out section 173 of title 23, 
United States Code, $600,000,000 for each of fiscal 
years 2023 through 2026. 
(8) 
COMMUNITY
CLIMATE
INNOVATION 
GRANTS.—To carry out section 172 of title 23, 
United States Code, $250,000,000 for each of fiscal 
years 2023 through 2026. 
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(9) NATIONAL SCENIC BYWAYS PROGRAM.—To 
carry out section 162 of title 23, United States 
Code, $16,000,000 for each of fiscal year 2023 
through 2026. 
(10) REBUILD RURAL BRIDGES PROGRAM.— To 
carry out section 1307 of this Act, $250,000,000 for 
each of fiscal years 2023 through 2026. 
(11) PARKING FOR COMMERCIAL MOTOR VEHI-
CLES.—To carry out section 1308 of this Act, 
$250,000,000 for each of fiscal years 2023 through 
2026. 
(12) ACTIVE
CONNECTED
TRANSPORTATION 
GRANT
PROGRAM.—To carry out section 1309 of 
this Act, $250,000,000 for each of fiscal years 2023 
through 2026. 
(13) 
WILDLIFE
CROSSINGS
PROGRAM.—To 
carry out section 1310 of this Act, $100,000,000 for 
each of fiscal years 2023 through 2026. 
(14) RECONNECTING
NEIGHBORHOODS
PRO-
GRAM.—To carry out section 1311 of this Act, 
$750,000,000 for each of fiscal years 2023 through 
2026. 
(15) METRO
PERFORMANCE
PROGRAM.—To 
carry out section 1305 of this Act, $250,000,000 for 
each of fiscal years 2023 through 2026. 
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(16) 
GRIDLOCK
REDUCTION
GRANT
PRO-
GRAM.—To carry out section 1306 of this Act, 
$500,000,000 for fiscal year 2023. 
(b) AUTHORIZATION
FOR NATIONAL SCENIC BY-
WAYS.—There is authorized to be appropriated out of the 
general fund of the Treasury $39,000,000 for each of fis-
cal years 2023 through 2026 to carry out section 162 of 
title 23, United States Code. 
(c) TREATMENT OF FUNDS.—Amounts made avail-
able under paragraphs (10) through (14) of subsection (a) 
shall be administered as if apportioned under chapter 1 
of title 23, United States Code. 
(d) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) despite the real improvements caused 
by the disadvantaged business enterprise pro-
gram, minority- and women-owned businesses 
across the country continue to confront serious 
and significant obstacles to success caused by 
race and gender discrimination in the federally 
assisted surface transportation market and re-
lated markets across the United States; 
(B) the continuing race and gender dis-
crimination described in subparagraph (A) mer-
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its the continuation of the disadvantaged busi-
ness enterprise program; 
(C) recently, the disparities cause by dis-
crimination against African American, Hispanic 
American, Asian American, Native American, 
and women business owners have been further 
exacerbated by the coronavirus pandemic and 
its disproportionate effects on minority- and 
women-owned businesses across the nation; 
(D) Congress has received and reviewed 
testimony and documentation of race and gen-
der discrimination from numerous sources, in-
cluding congressional hearings and other inves-
tigative activities, scientific reports, reports 
issued by public and private agencies at every 
level of government, news reports, academic 
publications, reports of discrimination by orga-
nizations and individuals, and discrimination 
lawsuits, which continue to demonstrate that 
race- and gender-neutral efforts alone are insuf-
ficient to address the problem; 
(E) the testimony and documentation de-
scribed in subparagraph (D) demonstrate that 
discrimination across the United States poses 
an injurious and enduring barrier to full and 
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fair participation in surface transportation-re-
lated businesses of women business owners and 
minority business owners and has negatively af-
fected firm formation, development and success 
in many aspects of surface transportation-re-
lated business in the public and private mar-
kets; and 
(F) the testimony and documentation de-
scribed in subparagraph (D) provide a clear pic-
ture of the inequality caused by discrimination 
that continues to plague our nation and a 
strong basis that there is a compelling need for 
the continuation of the disadvantaged business 
enterprise program to address race and gender 
discrimination in surface transportation-related 
business. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL
BUSINESS
CONCERN.—The 
term ‘‘small business concern’’ means a small 
business concern (as the term is used in section 
3 of the Small Business Act (15 U.S.C. 632)). 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
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uals’’ has the meaning given the term in section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
issued pursuant to that Act, except that women 
shall be presumed to be socially and economi-
cally disadvantaged individuals for purposes of 
this subsection. 
(3) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary of 
Transportation determines otherwise, not less than 
10 percent of the amounts made available for any 
program under titles I, II, V, and VII of this divi-
sion and section 403 of title 23, United States Code, 
shall be expended through small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (3) 
in the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
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(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation shall establish minimum uni-
form criteria for use by State governments in 
certifying whether a concern qualifies as a small 
business concern for the purpose of this sub-
section. 
(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) 
shall include, with respect to a potential small 
business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
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(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work pre-
ferred. 
(6) REPORTING.—The Secretary of Transpor-
tation shall establish minimum requirements for use 
by State governments in reporting to the Sec-
retary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
proper monitoring of the disadvantaged busi-
ness enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, V, and VII of this division and sec-
tion 403 of title 23, United States Code, if the enti-
ty or person is prevented, in whole or in part, from 
complying with paragraph (3) because a Federal 
court issues a final order in which the court finds 
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that a requirement or the implementation of para-
graph (3) is unconstitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 
OF DBE SUBCONTRACTORS.—It is the sense of Con-
gress that— 
(A) the Secretary of Transportation should 
take additional steps to ensure that recipients 
comply with section 26.29 of title 49, Code of 
Federal Regulations (the disadvantaged busi-
ness enterprises prompt payment rule), or any 
corresponding regulation, in awarding federally 
funded transportation contracts under laws and 
regulations administered by the Secretary; and 
(B) such additional steps should include 
increasing the Department of Transportation’s 
ability to track and keep records of complaints 
and to make that information publicly available. 
(9) SENSE OF CONGRESS ON FULFILLING CER-
TAIN CONTRACTS.—It is the sense of Congress that 
contractors participating in a federally funded trans-
portation contract with a small business concern 
owned and controlled by socially and economically 
disadvantaged individuals should ensure that the 
percentage of a contract promised to such small 
business concern is fulfilled, unless prior approval is 
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obtained consistent with the regulations under part 
26 of title 49, Code of Federal Regulations. 
(d) LIMITATION
ON FINANCIAL ASSISTANCE
FOR 
STATE-OWNED ENTERPRISES.— 
(1) IN GENERAL.—Funds provided under this 
section may not be used in awarding or exercising 
an option on a previously awarded contract, a con-
tract, subcontract, grant, or loan to an entity that 
is owned or controlled by, is a subsidiary of, or is 
otherwise related legally or financially to a corpora-
tion based in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
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(2) EXCEPTION.—For purposes of paragraph 
(1), the term ‘‘otherwise related legally or finan-
cially’’ does not include a minority relationship or in-
vestment. 
(3) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
SEC. 1102. OBLIGATION LIMITATION. 
(a) GENERAL LIMITATION.—Subject to subsection 
(e), and notwithstanding any other provision of law, the 
obligations for Federal-aid highway and highway safety 
construction programs shall not exceed— 
(1) $66,097,092,526 for fiscal year 2023; 
(2) $66,570,608,070 for fiscal year 2024; 
(3) $67,701,550,431 for fiscal year 2025; and 
(4) $68,741,903,518 for fiscal year 2026. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) 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); 
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(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 As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Inter-
modal Surface Transportation Efficiency Act of 
1991 (Public Law 102–240); 
(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 highway programs for which ob-
ligation 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 
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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; 
(12) section 119 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2015, but 
only in an amount equal to $639,000,000 for each 
of those fiscal years); 
(13) section 119 of title 23, United States Code 
(but, for fiscal years 2016 through 2022, only in an 
amount equal to $639,000,000 for each of those fis-
cal years); 
(14) section 203 of title 23, United States Code 
(but, for fiscal years 2023 through 2026, only in an 
amount equal to $550,000,000 for each of those fis-
cal years); and 
(15) section 133(d)(1)(B) of title 23, United 
States Code (but, for fiscal years 2023 through 
2026, only in an amount equal to $89,000,000 for 
each of those fiscal years). 
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(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 
Subject to paragraph (1)(B), for each of fiscal years 2023 
through 2026, the Secretary of Transportation— 
(1)(A) shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for— 
(i) amounts authorized for administrative 
expenses and programs by section 104(a) of 
title 23, United States Code; 
(ii) amounts authorized for the Bureau of 
Transportation Statistics; 
(iii) amounts authorized for the tribal 
transportation program under section 202 of 
title 23, United States Code; and 
(iv) amounts authorized for the territorial 
and Puerto Rico highway program under sec-
tion 165(a) of title 23, United States Code; and 
(B) for each of fiscal years 2023 through 2026, 
in addition to the amounts described in subpara-
graph (A), shall not distribute obligation authority 
provided by subsection (a) for the fiscal year for 
amounts authorized for the metro performance pro-
gram under section 1305 of this Act; 
(2) shall not distribute an amount of obligation 
authority provided by subsection (a) that is equal to 
the unobligated balance of amounts— 
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(A) made available from the Highway 
Trust Fund (other than the Mass Transit Ac-
count) for Federal-aid highway and highway 
safety construction programs for previous fiscal 
years, the funds for which are allocated by the 
Secretary (or apportioned by the Secretary 
under section 202 or 204 of title 23, United 
States Code); and 
(B) for which obligation authority was pro-
vided in a previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by 
subsection (a) for the fiscal year, less the aggre-
gate of amounts not distributed under para-
graphs (1) and (2) of this subsection; bears to 
(B) the total of— 
(i) the sums authorized to be appro-
priated for the Federal-aid highway and 
highway safety construction programs, 
other than sums authorized to be appro-
priated for— 
(I) provisions of law described in 
paragraphs (1) through (13) of sub-
section (b); 
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(II) section 203 of title 23, 
United States Code, equal to the 
amount referred to in subsection 
(b)(14) for the fiscal year; and 
(III) section 133(d)(1)(B) of title 
23, United States Code, equal to the 
amount referred to in subsection 
(b)(15) for the fiscal year; less 
(ii) the aggregate of the amounts not 
distributed under paragraphs (1) and (2) 
of this subsection; 
(4) shall distribute the obligation authority pro-
vided by subsection (a), 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 Sec-
retary under this Act and title 23, United States 
Code, or apportioned by the Secretary under section 
202 or 204 of such title, by multiplying— 
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal 
year; and 
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(1) revise a distribution of the obligation au-
thority made available under subsection (c) 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 bal-
ances of funds apportioned under section 104 of title 
23, United States Code. 
(e) SPECIAL LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for— 
(A) transportation research programs car-
ried out under chapter 5 of title 23, United 
States Code, and title V of this Act; and 
(B) the metro performance program under 
section 1305 of this Act. 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall— 
(A) remain available for a period of 4 fis-
cal years; and 
(B) be in addition to the amount of any 
limitation imposed on obligations for Federal- 
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aid highway and highway safety construction 
programs for future fiscal years. 
(f) LOP-OFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2023 through 
2026, the Secretary of Transportation shall dis-
tribute to the States any funds that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States (or will not be appor-
tioned to the States under section 204 of title 
23, United States Code), and will not be avail-
able for obligation, for the fiscal year because 
of the imposition of any obligation limitation for 
the fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the dis-
tribution of obligation authority under subsection 
(c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
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purpose described in section 133(b) of title 23, 
United States Code. 
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 
Section 101 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 
(13), (14), (15), (16), (17), (18), (19), (20), 
(21), (22), (23), (24), (25), (26), (27), (28), 
(29), (30), (31), (32), (33), and (34) as para-
graphs (2), (4), (5), (7), (9), (11), (12), (13), 
(14), (15), (17), (18), (19), (20), (21), (22), 
(24), (25), (26), (27), (29), (30), (33), (34), 
(35), (36), (37), (38), (39), (43), (44), (45), 
(46), and (47), respectively; 
(B) by inserting before paragraph (2), as 
so redesignated, the following: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means an adjustment in natural or human systems 
in anticipation of, or in response to, a changing envi-
ronment in a way that moderates negative effects of 
extreme events or climate change.’’; 
(C) by inserting before paragraph (4), as 
so redesignated, the following: 
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‘‘(3) AREAS
OF
PERSISTENT
POVERTY.—The 
term ‘areas of persistent poverty’ means— 
‘‘(A) any county that has had 20 percent 
or more of the population of such county living 
in poverty over the past 30 years, as measured 
by the 1990 and 2000 decennial censuses and 
the most recent Small Area Income and Poverty 
Estimates; 
‘‘(B) any census tract with a poverty rate 
of at least 20 percent, as measured by the most 
recent 5-year data series available from the 
American Community Survey of the Bureau of 
the Census for all States and Puerto Rico; or 
‘‘(C) any other territory or possession of 
the United States that has had 20 percent or 
more of its population living in poverty over the 
past 30 years, as measured by the 1990, 2000, 
and 2010 decennial censuses, or equivalent 
data, of the Bureau of the Census.’’. 
(D) by inserting after paragraph (5), as so 
redesignated, the following: 
‘‘(6) CLIMATE
CHANGE.—The term ‘climate 
change’ means any significant change in the meas-
ures of climate lasting for an extended period of 
time, and may include major changes in tempera-
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ture, precipitation, wind patterns, or sea level, 
among others, that occur over several decades or 
longer.’’; 
(E) in paragraph (7)(A), as so redesig-
nated, by inserting ‘‘assessing resilience,’’ after 
‘‘surveying,’’; 
(F) by inserting after paragraph (7), as so 
redesignated, the following: 
‘‘(8) 
CONTEXT
SENSITIVE
DESIGN
PRIN-
CIPLES.—The term ‘context sensitive design prin-
ciples’ means principles for the design of a public 
road that— 
‘‘(A) provides for the safe and adequate 
accommodation, in all phases of project plan-
ning, design, and development, transportation 
facilities 
for 
users, 
including 
pedestrians, 
bicyclists, public transportation users, children, 
older individuals, individuals with disabilities, 
motorists, and freight vehicles; and 
‘‘(B) considers the context in which the fa-
cility is planned to be constructed to determine 
the appropriate facility design.’’; 
(G) by inserting after paragraph (9), as so 
redesignated, the following: 
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‘‘(10) EVACUATION ROUTE.—The term ‘evacu-
ation route’ means a transportation route or system 
that— 
‘‘(A) is used to transport— 
‘‘(i) the public away from an emer-
gency event; or 
‘‘(ii) first responders and recovery re-
sources in the event of an emergency; and 
‘‘(B) is identified, consistent with sections 
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
eligible entity with jurisdiction over the area in 
which the route is located for the purposes de-
scribed in subparagraph (A).’’; 
(H) by inserting after paragraph (15), as 
so redesignated, the following: 
‘‘(16) GREENHOUSE
GAS.—The term ‘green-
house gas’ has the meaning given the term in section 
211(o)(1)(G) of the Clean Air Act (42 U.S.C. 
7545(o)(1)(G)).’’; 
(I) by inserting after paragraph (22), as so 
redesignated, the following: 
‘‘(23) NATURAL INFRASTRUCTURE.— 
‘‘(A) IN GENERAL.—The term ‘natural in-
frastructure’ means infrastructure that uses, re-
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‘‘(C) COORDINATION.—In developing a 
plan under subparagraph (A), an eligible entity 
that is a State department of transportation or 
a Federal land management agency shall co-
ordinate with applicable State agencies, includ-
ing State agencies with jurisdiction over agri-
culture and fish and wildlife. 
‘‘(D) CONSULTATION.—In developing a 
plan under subparagraph (A)— 
‘‘(i) an eligible entity that is a State 
department of transportation or a Federal 
land management agency shall consult with 
any affected Indian tribes or tribal organi-
zations; and 
‘‘(ii) any eligible entity may consult 
with nonprofit organizations, institutions 
of higher education, units of local govern-
ment, or any other relevant entities. 
‘‘(5) AWARD OF GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide a grant to each eligible entity that sub-
mits an application under paragraph (3), in-
cluding a plan under paragraph (4), that the 
Secretary determines to be satisfactory. 
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‘‘(iii) the achievement of statewide 
targets established under section 150(d); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and 
(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
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