417
cal year 2026 in this or any other Act for: (1) ‘‘Federal-
aid Highways’’ under chapter 1 of title 23, United States 
Code; (2) the Appalachian development highway system 
as authorized under section 1069(y) of Public Law 102–
240; (3) activities eligible under the Tribal transportation 
program under section 202 of title 23, United States 
Code; (4) activities eligible under the Federal lands trans-
portation program under section 203 of such title; (5) ac-
tivities eligible under the Federal land access program 
under section 204 of such title; (6) the Northern Border 
Regional Commission (40 U.S.C. 15101 et seq.); (7) the 
Southwest Border Regional Commission (40 U.S.C. 15101 
et seq.); (8) the Denali Commission; or (9) activities eligi-
ble under chapter 5 of title 23, United States Code, and 
shall not affect the distribution or amount of funds pro-
vided in any other Act: Provided further, That, except for 
the funds made available under this heading for the 
Northern Border Regional Commission, the Southwest 
Border Regional Commission, and the Denali Commission, 
section 11101(e) of Public Law 117–58 shall apply to 
funds made available under this heading: Provided further, 
That amounts made available under this heading shall not 
be subject to any limitation on obligations for Federal-aid 
highways or highway safety construction programs set 
forth in any Act making annual appropriations: Provided
418
further, That of the sums appropriated or otherwise made 
available under this heading—
(1) $1,514,721,091, which shall be available 
until September 30, 2029, shall be for the purposes, 
and in the amounts, specified for Community 
Project Funding/Congressionally Directed Spending 
in the table entitled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included for this 
division in the explanatory statement described in 
section 4 (in the matter preceding division A of this 
consolidated Act): Provided, That amounts made 
available in the preceding proviso for such purposes 
shall not diminish or prejudice any application or ge-
ographic region for other discretionary grant or loan 
awards made by the Department of Transportation: 
Provided further, That, except as otherwise provided 
under this heading, the funds made available under 
this paragraph shall be administered as if appor-
tioned under chapter 1 of title 23, United States 
Code: Provided further, That funds made available 
under this paragraph that are used for Tribal 
projects shall be administered as if allocated under 
chapter 2 of title 23, United States Code, except 
that the set-asides described in subparagraph (C) of 
section 202(b)(3) of title 23, United States Code,
419
and subsections (a)(6), (c), and (e) of section 202 of 
such title, and section 1123(h)(1) of MAP–21 (as 
amended by Public Law 117–58), shall not apply to 
such funds; 
(2) $200,000,000, to remain available until 
September 30, 2029, shall be for activities eligible 
under the Tribal transportation program, as de-
scribed in section 202 of title 23, United States 
Code: Provided, That, except as otherwise provided 
under this heading, the funds made available under 
this paragraph shall be administered as if allocated 
under chapter 2 of title 23, United States Code: 
Provided further, That the set-asides described in 
subparagraph (C) of section 202(b)(3) of title 23, 
United States Code, and subsections (a)(6), (c), and 
(e) of section 202 of such title shall not apply to 
funds made available under this paragraph: Provided 
further, That the set-aside described in section 
1123(h)(1) of MAP–21 (as amended by Public Law 
117–58), shall not apply to such funds; 
(3) $200,000,000, to remain available until ex-
pended, shall be to carry out the Nationally Signifi-
cant Multimodal Freight and Highway Projects pro-
gram under section 117 of title 23, United States 
Code: Provided, That the funds made available
420
under this paragraph shall be for projects to provide 
public parking for commercial motor vehicles: Pro-
vided further, That such projects shall be within rea-
sonable access to or in the right of way of an Inter-
state highway, the National Highway System, or the 
National Highway Freight Network: Provided fur-
ther, That the Secretary shall reserve not less than 
50 percent of the amounts made available under this 
paragraph to make grants for projects that do not 
satisfy the minimum threshold under section 
117(d)(1)(B) of such title: Provided further, That, of 
the amount reserved under the preceding proviso, 
not less than 30 percent shall be used for projects 
in rural areas: Provided further, That each grant 
made with funds reserved under the third proviso of 
this paragraph shall be in an amount that is at least 
$5,000,000: Provided further, That in addition to 
other applicable requirements, in making grants with 
funds reserved under the third proviso of this para-
graph, the Secretary shall take into consideration 
the project selection considerations described in sec-
tion 117(e)(3) of such title: Provided further, That, 
except as described in the preceding proviso, sub-
sections (e) and (i) of section 117 of such title shall 
not apply to funds made available under this para-
421
graph: Provided further, That the Secretary shall re-
serve not less than 25 percent of the amounts made 
available under this paragraph to make grants for 
projects located in rural areas: Provided further, 
That if qualified applications will not allow for the 
amount reserved under the preceding proviso to be 
fully utilized, the Secretary shall combine the unuti-
lized amounts with the amounts reserved under the 
fourth proviso of this paragraph: Provided further, 
That the requirements in section 117(g) of such title 
shall not apply to a project assisted with a grant 
under this paragraph that does not meet the min-
imum threshold under section 117(d)(1)(B): Pro-
vided further, That, except as described in the fol-
lowing proviso, the Federal share of the cost of a 
project assisted with a grant under this paragraph 
may not exceed 60 percent: Provided further, That 
the Federal share of the cost of a project that does 
not meet the minimum threshold under section 
117(d)(1)(B) of such title shall be 80 percent: Pro-
vided further, That an eligible applicant that receives 
a grant under this paragraph may partner with a 
private entity to fund the development, capacity ex-
pansion, or operation or maintenance of a facility: 
Provided further, That no fees may be charged by an
422
eligible applicant receiving a grant under this para-
graph to a commercial motor vehicle driver to use 
parking constructed, expanded, opened, maintained, 
or improved with a grant under this paragraph: Pro-
vided further, That the funds made available under 
this paragraph shall not be used for the construc-
tion, or development phase activities that would en-
able the construction, of charging or fueling infra-
structure for the propulsion of a vehicle, including a 
commercial motor vehicle: Provided further, That for 
purposes of this paragraph, (1) the term ‘‘commer-
cial motor vehicle’’ has the meaning given the term 
in section 31132 of title 49, United States Code, 
and (2) the term ‘‘rural area’’ has the meaning 
given the term in section 117(i)(3) of title 23, 
United States Code; 
(4) $5,000,000, to remain available until Sep-
tember 30, 2029, shall be to carry out section 11502 
of the Infrastructure Investment and Jobs Act (23 
U.S.C. 148 note): Provided, That, except as other-
wise provided under such section or this heading, the 
funds made available under this paragraph shall be 
administered as if apportioned under chapter 1 of 
title 23, United States Code;
423
(5) $5,000,000, to remain available until Sep-
tember 30, 2029, shall be to carry out the regional 
infrastructure accelerator demonstration program 
under section 1441 of the FAST Act (23 U.S.C. 601 
note): Provided, That for funds made available 
under this paragraph, the Federal share of the costs 
shall be, at the option of the recipient, up to 100 
percent: Provided further, That funds made available 
under this paragraph may be transferred to the Of-
fice of the Secretary; 
(6) $20,000,000 shall be for necessary expenses 
for construction of the Appalachian development 
highway system, as authorized under section 
1069(y) of Public Law 102–240: Provided, That for 
the purposes of funds made available under this 
paragraph, the term ‘‘Appalachian State’’ means a 
State that contains 1 or more counties (including 
any political subdivision located within the area) in 
the Appalachian region as defined in section 
14102(a) of title 40, United States Code: Provided 
further, That funds made available under this head-
ing for construction of the Appalachian development 
highway system shall remain available until ex-
pended: Provided further, That, except as provided in 
the following proviso, funds made available under
424
this heading for construction of the Appalachian de-
velopment highway system shall be administered as 
if apportioned under chapter 1 of title 23, United 
States Code: Provided further, That a project carried 
out with funds made available under this heading for 
construction of the Appalachian development high-
way system shall be carried out in the same manner 
as a project under section 14501 of title 40, United 
States Code: Provided further, That subject to the 
following proviso, funds made available under this 
heading for construction of the Appalachian develop-
ment highway system shall be apportioned to Appa-
lachian States according to the percentages derived 
from the 2012 Appalachian development highway 
system cost-to-complete estimate, adopted in Appa-
lachian Regional Commission Resolution Number 
736, and confirmed as each Appalachian State’s rel-
ative share of the estimated remaining need to com-
plete the Appalachian development highway system, 
adjusted to exclude those corridors that such States 
have no current plans to complete, as reported in the 
2013 Appalachian Development Highway System 
Completion Report, unless those States have modi-
fied and assigned a higher priority for completion of 
an Appalachian development highway system cor-
425
ridor, as reported in the 2020 Appalachian Develop-
ment Highway System Future Outlook: Provided 
further, That the Secretary shall adjust apportion-
ments made under the preceding proviso so that no 
Appalachian State shall be apportioned an amount 
in excess of 30 percent of the amount made available 
for construction of the Appalachian development 
highway system under this heading: Provided fur-
ther, That the Secretary shall consult with the Appa-
lachian Regional Commission in making adjustments 
under the preceding two provisos: Provided further, 
That the Federal share of the costs for which an ex-
penditure is made for construction of the Appa-
lachian development highway system under this 
heading shall be up to 100 percent; 
(7) $3,000,000, to remain available until Sep-
tember 30, 2029, shall be transferred to the South-
west Border Regional Commission (40 U.S.C. 15101 
et seq.) to make grants, in addition to amounts oth-
erwise made available to the Southwest Border Re-
gional Commission for such purpose, for authorized 
activities, including for administration of grants or 
cooperative agreements to support interjurisdictional 
planning activities advancing transportation infra-
structure: Provided, That a grant made with funds
426
made available under this paragraph shall be admin-
istered in the same manner as a grant made under 
subtitle V of title 40, United States Code; 
(8) $5,000,000, to remain available until ex-
pended, shall be transferred to the Northern Border 
Regional Commission (40 U.S.C. 15101 et seq.) to 
make grants, in addition to amounts otherwise made 
available to the Northern Border Regional Commis-
sion for such purpose, to carry out pilot projects 
that demonstrate the capabilities of wood-based in-
frastructure projects: Provided, That a grant made 
with funds made available under this paragraph 
shall be administered in the same manner as a grant 
made under subtitle V of title 40, United States 
Code; 
(9) $5,000,000 shall be transferred to the 
Denali Commission for activities eligible under sec-
tion 307(d) of the Denali Commission Act of 1998 
(42 U.S.C. 3121 note; Public Law 105–277): Pro-
vided, That funds made available under this para-
graph shall not be subject to section 311 of such 
Act: Provided further, That except as otherwise pro-
vided under section 307(d) of such Act or this head-
ing, funds made available under this paragraph shall 
be administered as if directly appropriated to the
427
Denali Commission and subject to applicable provi-
sions of such Act, including the requirement in sec-
tion 307(d) of such Act that the local community 
provides a 10 percent non-Federal match in the 
form of any necessary land or planning and design 
funds: Provided further, That such funds shall be 
available until expended: Provided further, That the 
Federal share of the costs for which an expenditure 
is made with funds transferred under this paragraph 
shall be up to 90 percent; 
(10) $15,000,000 shall be transferred to the 
Denali Commission to carry out the Denali access 
system program under section 309 of the Denali 
Commission Act of 1998 (42 U.S.C. 3121 note; 
Public Law 105–277): Provided, That a transfer 
under this paragraph shall not be subject to section 
311 of such Act: Provided further, That except as 
otherwise provided under this heading, funds made 
available under this paragraph shall be administered 
as if directly appropriated to the Denali Commission 
and subject to applicable provisions of such Act: 
Provided further, That funds made available under 
this paragraph shall not be subject to section 
309(j)(2) of such Act: Provided further, That funds 
made available under this paragraph shall be avail-
428
able until expended: Provided further, That the Fed-
eral share of the costs for which an expenditure is 
made with funds transferred under this paragraph 
shall be up to 100 percent; 
(11) $2,000,000, to remain available until Sep-
tember 30, 2029, shall be to carry out the polli-
nator-friendly practices on roadsides and highway 
rights-of-way program under section 332 of title 23, 
United States Code; 
(12) $10,000,000, to remain available until 
September 30, 2029, shall be for the national scenic 
byways program under section 162 of title 23, 
United States Code: Provided, That, except as other-
wise provided under this heading, the funds made 
available under this paragraph shall be administered 
as if apportioned under chapter 1 of title 23, United 
States Code; 
(13) $350,000,000, to remain available until 
September 30, 2029, shall be for a competitive high-
way bridge program for States that—
(A) have—
(i) a population density of less than 
115 individuals per square mile; or 
(ii) 
a 
population 
of 
less 
than 
1,100,000 individuals; and
429
(B) have—
(i) less than 26 percent of total 
bridges classified as in good condition; or 
(ii) greater than or equal to 4.9 per-
cent of total bridges classified as in poor 
condition: 
Provided, That any such State with more than 14 
percent of total bridges classified as in poor condi-
tion shall receive not less than $32,500,000 of the 
funds made available in this paragraph for grant ap-
plications for projects eligible under this paragraph: 
Provided further, That if the Secretary determines 
that eligible applications from any such State meet-
ing the criteria under the preceding proviso are in-
sufficient to make awards of at least $32,500,000, 
the Secretary shall use the unutilized amounts to 
provide other grants to States eligible under this 
paragraph: Provided further, That no State shall be 
awarded more than $55,000,000 in awards from 
funds made available under this paragraph for grant 
applications for projects eligible under this para-
graph: Provided further, That the funds made avail-
able under this paragraph shall be used for highway 
bridge replacement or rehabilitation projects on pub-
lic roads that demonstrate cost savings by bundling
430
multiple highway bridge projects and, except as oth-
erwise provided in this heading, shall be adminis-
tered as if apportioned under chapter 1 of title 23, 
United States Code: Provided further, That the re-
quirements of section 144(j)(5) of title 23, United 
States Code, shall not apply to funds made available 
under this paragraph: Provided further, That for 
purposes of this paragraph, the Secretary shall cal-
culate population and population density figures 
based on the latest available data from the decennial 
census conducted under section 141(a) of title 13, 
United States Code: Provided further, That for pur-
poses of this paragraph, the Secretary shall calculate 
the percentages of bridge counts (including the per-
centages of bridge counts classified as in poor and 
good condition) based on the national bridge inven-
tory as of June 2024; 
(14) $25,000,000 shall be for a competitive 
Type 3 highway bridge program for the replacement 
or rehabilitation of bridges that—(A) are owned by 
a county; (B) are classified as a Type 3 bridge by 
the Bureau of Reclamation; (C) are eligible under 
the Federal lands access program, as described in 
section 204 of title 23, United States Code; and (D) 
cross a water conveyance structure owned by the
431
Bureau of Reclamation: Provided, That the Sec-
retary, in consultation with the Bureau of Reclama-
tion, shall prioritize awards to projects that will lead 
to—(i) improved water delivery; (ii) improved bridge 
conditions; and (iii) improved safety, efficiency, and 
reliability of the movement of people and goods over 
Type 3 bridges crossing a water conveyance struc-
ture owned by the Bureau of Reclamation: Provided 
further, That only a county owning a bridge meeting 
the conditions in this paragraph shall be an eligible 
applicant for a grant under this paragraph: Provided 
further, That, except as otherwise provided under 
this heading, funds made available under this para-
graph shall be administered as if allocated under 
section 204 of such title, except that such funds 
shall not be subject to subsections (b) or (c) of such 
section: Provided further, That for the purposes of 
funds made available under this paragraph, the term 
‘‘Type 3 bridge’’ means a bridge classified as a Type 
3 bridge by the Bureau of Reclamation as defined 
in its Reclamation Manual Directives and Standards 
FAC 07–01 (as updated on June 9, 2023): Provided 
further, That funds made available under this para-
graph shall remain available until expended: Pro-
vided further, That the Federal share of the costs for
432
which an expenditure is made with funds made 
available under this paragraph shall be 100 percent: 
Provided further, That the Secretary of Transpor-
tation shall issue the notice of funding opportunity 
for the funds made available under this paragraph 
no later than 60 days after enactment of this Act: 
Provided further, That the Secretary of Transpor-
tation shall make grants for the funds made avail-
able under this paragraph no later than 270 days 
after enactment of this Act; 
(15) $6,159,500, to remain available until ex-
pended, shall be for research leading to sustainable 
stormwater management technologies and techniques 
to reduce the impacts of 6PPD and 6PPD-quinone 
on salmon-bearing streams: Provided, That the Fed-
eral Highway Administration shall implement this 
research as specified under the paragraph entitled 
‘‘Stormwater Management’’ in Senate Report 119–
47; and 
(16) $30,000,000, to remain available until ex-
pended, shall be for capital construction grants 
under the Reconnecting Communities Pilot Program 
as authorized under section 11509(d) of division A 
of the Infrastructure Investment and Jobs Act (Pub-
lic Law 117–58): Provided, That funds made avail-
433
able under this paragraph shall only be available for 
projects in States in which the Department of 
Transportation previously awarded a competitive 
grant award and signed a grant agreement of not 
less than $145,000,000 under section 177 of title 
23, United States Code, and any amount of such 
funds were subsequently rescinded by an Act of Con-
gress. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 120. (a) For fiscal year 2026, 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 obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts—
(A) made available from the Highway 
Trust Fund (other than the Mass Transit Ac-
434
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 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 highway and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (11) of subsection (b) and sums au-
thorized to be appropriated for section 119 of 
title 23, United States Code, equal to the 
amount referred to in subsection (b)(12) for 
such fiscal year), less the aggregate of the 
amounts not distributed under paragraphs (1) 
and (2) of this subsection;
435
(4) distribute the obligation limitation for Fed-
eral-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 Sec-
retary under authorized Federal-aid highway and 
highway safety construction programs, or appor-
tioned by the Secretary under section 202 or 204 of 
title 23, United States Code, by multiplying—
(A) the proportion determined under para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for such fiscal 
year; and 
(5) distribute the obligation limitation for Fed-
eral-aid highways, less the aggregate amounts not 
distributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-aid highway 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 per-
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(12) and the amounts appor-
436
tioned 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 ap-
portioned 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 As-
sistance Act of 1987 (101 Stat. 198);
437
(6) sections 1103 through 1108 of the Inter-
modal 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 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 
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
438
at which the funds were initially made available for 
obligation; and 
(12) section 119 of title 23, United States Code 
(but, for each of fiscal years 2013 through 2026, 
only in an amount equal to $639,000,000). 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year—
(1) revise a distribution of the obligation limita-
tion 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 bal-
ances 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 para-
graph (2), the obligation limitation for Federal-aid
439
highways shall apply to contract authority for trans-
portation research programs carried out under—
(A) chapter 5 of title 23, United States 
Code; 
(B) title VI of the Fixing America’s Sur-
face Transportation Act; and 
(C) title III of division A of the Infrastruc-
ture Investment and Jobs Act (Public Law 
117–58). 
(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-
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 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—
440
(A) are authorized to be appropriated for 
such 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 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 dis-
tribution 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. 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 chapter 63 of title 49, United States Code, may 
be credited to the Federal-aid highways account for the 
purpose of reimbursing the Bureau for such expenses.
441
SEC. 122. Not less than 15 days prior to waiving, 
under his or her statutory authority, any Buy America re-
quirement for Federal-aid highways projects, the Sec-
retary of Transportation shall make an informal public no-
tice and comment opportunity on the intent to issue such 
waiver and the reasons therefor: Provided, That the Sec-
retary shall post on a website any waivers granted under 
the Buy America requirements. 
SEC. 123. None of the funds made available in this 
Act may be used to make a grant for a project under sec-
tion 117 of title 23, United States Code, unless the Sec-
retary, at least 60 days before making a grant under that 
section, provides written notification to the House and 
Senate Committees on Appropriations of the proposed 
grant, including an evaluation and justification for the 
project and the amount of the proposed grant award. 
SEC. 124. (a) A State or territory, as defined in sec-
tion 165 of title 23, United States Code, may use for any 
project eligible under section 133(b) of title 23 or section 
165 of title 23 and located within the boundary of the 
State or territory any earmarked amount, and any associ-
ated obligation limitation: Provided, That the Department 
of Transportation for the State or territory for which the 
earmarked amount was originally designated or directed 
notifies the Secretary of its intent to use its authority
442
under this section and submits an annual report to the 
Secretary identifying the projects to which the funding 
would be applied. Notwithstanding the original period of 
availability of funds to be obligated under this section, 
such funds and associated obligation limitation shall re-
main available for obligation for a period of 3 fiscal years 
after the fiscal year in which the Secretary is notified. The 
Federal share of the cost of a project carried out with 
funds made available under this section shall be the same 
as associated with the earmark. 
(b) In this section, the term ‘‘earmarked amount’’ 
means—
(1) congressionally directed spending, as de-
fined in rule XLIV of the Standing Rules of the 
Senate, identified in a prior law, report, or joint ex-
planatory statement, which was authorized to be ap-
propriated or appropriated more than 10 fiscal years 
prior to the current fiscal year, and administered by 
the Federal Highway Administration; or 
(2) a congressional earmark, as defined in rule 
XXI of the Rules of the House of Representatives, 
identified in a prior law, report, or joint explanatory 
statement, which was authorized to be appropriated 
or appropriated more than 10 fiscal years prior to
443
the current fiscal year, and administered by the Fed-
eral Highway Administration. 
(c) The authority under subsection (a) may be exer-
cised only for those projects or activities that have obli-
gated less than 10 percent of the amount made available 
for obligation as of October 1 of the current fiscal year, 
and shall be applied to projects within the same general 
geographic area within 25 miles for which the funding was 
designated, except that a State or territory may apply 
such authority to unexpended balances of funds from 
projects or activities the State or territory certifies have 
been closed and for which payments have been made under 
a final voucher. 
(d) The Secretary shall submit consolidated reports 
of the information provided by the States and territories 
annually to the House and Senate Committees on Appro-
priations. 
SEC. 125. The remaining unobligated balances, as of 
September 30, 2026, from amounts made available for 
‘‘Department of Transportation—Federal Highway Ad-
ministration—Highway Infrastructure Programs’’ in divi-
sion J of Public Law 117–58 for the Nationally Signifi-
cant Freight and Highway Projects program under section 
117 of title 23, United States Code, for fiscal year 2023 
are hereby permanently rescinded, and an amount of addi-
444
tional new budget authority equivalent to the amount re-
scinded pursuant to this section is hereby appropriated on 
September 30, 2026, for an additional amount for fiscal 
year 2026, to remain available until September 30, 2031, 
and shall be available, without additional competition, for 
completing the funding of awards made pursuant to sec-
tion 117 of title 23, United States Code, for fiscal year 
2023 funding, in addition to other funds as may be avail-
able for such purposes: Provided, That the amounts re-
scinded pursuant to this section that were previously des-
ignated by the Congress as an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th 
Congress), the concurrent resolution on the budget for fis-
cal year 2018, and to section 251(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 are 
designated by the Congress as an emergency requirement 
pursuant to 4001(a)(1) of S. Con. Res 14 (117th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2022, and to legislation establishing fiscal year 2026 
budget enforcement in the House of Representatives: Pro-
vided further, That the amount of additional new budget 
authority provided by this section is designated by the 
Congress as being for an emergency requirement pursuant 
to such section 4001(a)(1) and to legislation establishing
445
fiscal year 2026 budget enforcement in the House of Rep-
resentatives. 
SEC. 126. The remaining unobligated balances, as of 
September 30, 2026, from amounts made available for 
‘‘Department of Transportation—Federal Highway Ad-
ministration—Highway Infrastructure Programs’’ in divi-
sion J of Public Law 117–58 for the bridge investment 
program under section 124 of title 23, United States 
Code, for fiscal year 2023 are hereby permanently re-
scinded, and an amount of additional new budget author-
ity equivalent to the amount rescinded pursuant to this 
section is hereby appropriated on September 30, 2026, for 
an additional amount for fiscal year 2026, to remain avail-
able until September 30, 2031, and shall be available, 
without additional competition, for completing the funding 
of awards made pursuant to section 124 of title 23, United 
States Code, for fiscal year 2023 funding, in addition to 
other funds as may be available for such purposes: Pro-
vided, That the amounts rescinded pursuant to this sec-
tion that were previously designated by the Congress as 
an emergency requirement pursuant to section 4112(a) of 
H. Con. Res. 71 (115th Congress), the concurrent resolu-
tion on the budget for fiscal year 2018, and to section 
251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 are designated by the Congress as
446
an emergency requirement pursuant to 4001(a)(1) of S. 
Con. Res 14 (117th Congress), the concurrent resolution 
on the budget for fiscal year 2022, and to legislation es-
tablishing fiscal year 2026 budget enforcement in the 
House of Representatives: Provided further, That the 
amount of additional new budget authority provided by 
this section is designated by the Congress as being for an 
emergency 
requirement 
pursuant 
to 
such 
section 
4001(a)(1) and to legislation establishing fiscal year 2026 
budget enforcement in the House of Representatives. 
SEC. 127. The remaining unobligated balances, as of 
September 30, 2026, from amounts made available for 
‘‘Department of Transportation—Federal Highway Ad-
ministration—Highway Infrastructure Programs’’ in divi-
sion L of Public Law 117–328 for competitive awards for 
activities 
eligible 
under 
section 
176(d)(4)(A) 
and 
176(d)(4)(C) of title 23, United States Code, for fiscal 
year 2023 are hereby permanently rescinded, and an 
amount of additional new budget authority equivalent to 
the amount rescinded pursuant to this section is hereby 
appropriated on September 30, 2026, for an additional 
amount for fiscal year 2026, to remain available until Sep-
tember 30, 2031, and shall be available, without additional 
competition, for completing the funding of awards made 
pursuant to section 176 of title 23, United States Code,
447
for fiscal year 2023 funding, in addition to other funds 
as may be available for such purposes. 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31110 of 
title 49, United States Code, as amended by the Infra-
structure Investment and Jobs Act (Public Law 117–58), 
$390,000,000, to be derived from the Highway Trust 
Fund (other than the Mass Transit Account), together 
with advances and reimbursements received by the Fed-
eral Motor Carrier Safety Administration, the sum of 
which shall remain available until expended: Provided, 
That funds available for implementation, execution, or ad-
ministration of motor carrier safety operations and pro-
grams authorized under title 49, United States Code, shall 
not exceed total obligations of $390,000,000, for ‘‘Motor 
Carrier Safety Operations and Programs’’ for fiscal year 
2026: Provided further, That of the amounts made avail-
able under this heading—
448
(1) not less than $63,098,000, to remain avail-
able for obligation until September 30, 2028, shall 
be for development, modernization, enhancement, 
and continued operation and maintenance of infor-
mation technology and information management; 
and 
(2) $14,073,000, to remain available for obliga-
tion until September 30, 2028, shall be for the re-
search and technology program: 
Provided further, That the activities funded in paragraphs 
(1) and (2) in the preceding proviso may be accomplished 
through direct expenditures, direct research activities, 
grants, cooperative agreements, contracts, intra-agency or 
interagency agreements, or other agreements with public 
organizations. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
sections 31102, 31103, 31104, and 31313 of title 49, 
United States Code, $536,600,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) and to remain available until expended: Provided, 
That funds available for the implementation or execution
449
of motor carrier safety programs shall not exceed total ob-
ligations of $541,600,000 in fiscal year 2026 for ‘‘Motor 
Carrier Safety Grants’’: Provided further, That of the 
amounts made available under this heading—
(1) $422,500,000, to remain available for obli-
gation until September 30, 2027, shall be for the 
motor carrier safety assistance program; 
(2) $45,200,000, to remain available for obliga-
tion until September 30, 2027, shall be for the com-
mercial driver’s license program implementation pro-
gram; 
(3) $62,400,000, to remain available for obliga-
tion until September 30, 2027, shall be for the high 
priority program; 
(4) $1,500,000, to remain available for obliga-
tion until September 30, 2027, shall be for the com-
mercial motor vehicle operators grant program; and 
(5) $10,000,000, to remain available for obliga-
tion until September 30, 2027, shall be for the com-
mercial motor vehicle enforcement training and sup-
port grant program, of which $5,000,000 shall be 
made available from prior year unobligated contract 
authority made available for Motor Carrier Safety 
Grants in section 23001 of the Infrastructure In-
vestment and Jobs Act (Public Law 117–58): Pro-
450
vided, That such prior year unobligated contract au-
thority shall be available to complete the fiscal year 
2024 commercial motor vehicle enforcement training 
and support grant program notice of funding oppor-
tunity and shall be available to all applicants other-
wise eligible under such notice of funding oppor-
tunity. 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 
CARRIER SAFETY ADMINISTRATION 
SEC. 130. None of the funds appropriated or other-
wise made available to the Department of Transportation 
by this Act or any other Act may be obligated or expended 
to implement, administer, or enforce the requirements of 
section 31137 of title 49, United States Code, or any regu-
lation issued by the Secretary pursuant to such section, 
with respect to the use of electronic logging devices by op-
erators of commercial motor vehicles, as defined in section 
31132(1) of such title, transporting livestock as defined 
in section 602 of the Emergency Livestock Feed Assist-
ance Act of 1988 (7 U.S.C. 1471) or insects. 
SEC. 131. The Secretary shall update the Depart-
ment’s regulations to ensure that non-compliance with sec-
tion 391.11(b)(2) of title 49, Code of Federal Regulations, 
triggers an out-of-service order.