H. R. 2617—650 
Administration or reduce its services unless the Administrator noti-
fies the House and Senate Committees on Appropriations not less 
than 90 full business days in advance. 
SEC. 119A. None of the funds made available by or limited 
by this Act may be used to change weight restrictions or prior 
permission rules at Teterboro airport in Teterboro, New Jersey. 
SEC. 119B. None of the funds made available by this Act 
may be used by the Administrator of the Federal Aviation Adminis-
tration to withhold from consideration and approval any new 
application for participation in the Contract Tower Program, or 
for reevaluation of Cost-share Program participants so long as 
the Federal Aviation Administration has received an application 
from the airport, and so long as the Administrator determines 
such tower is eligible using the factors set forth in Federal Aviation 
Administration published establishment criteria. 
SEC. 119C. None of the funds made available by this Act 
may be used to open, close, redesignate as a lesser office, or reorga-
nize a regional office, the aeronautical center, or the technical 
center unless the Administrator submits a request for the re-
programming of funds under section 405 of this Act. 
SEC. 119D. The Federal Aviation Administration Administra-
tive Services Franchise Fund may be reimbursed after performance 
or paid in advance from funds available to the Federal Aviation 
Administration and other Federal agencies for which the Fund 
performs services. 
SEC. 119E. None of the funds appropriated or otherwise made 
available to the FAA may be used to carry out the FAA’s obligations 
under section 44502(e) of title 49, United States Code, unless the 
eligible air traffic system or equipment to be transferred to the 
FAA under section 44502(e) of title 49, United States Code, was 
purchased by the transferor airport— 
(1) during the period of time beginning on October 5, 2018 
and ending on December 31, 2021; or 
(2) on or after January 1, 2022 for transferor airports 
located in a non-contiguous States. 
SEC. 119F. Of the funds provided under the heading ‘‘Grants- 
in-aid for Airports’’, up to $3,500,000 shall be for necessary 
expenses, including an independent verification regime, to provide 
reimbursement to airport sponsors that do not provide gateway 
operations and providers of general aviation ground support serv-
ices, or other aviation tenants, located at those airports closed 
during a temporary flight restriction (TFR) for any residence of 
the President that is designated or identified to be secured by 
the United States Secret Service, and for direct and incremental 
financial losses incurred while such airports are closed solely due 
to the actions of the Federal Government: Provided, That no funds 
shall be obligated or distributed to airport sponsors that do not 
provide gateway operations and providers of general aviation ground 
support services until an independent audit is completed: Provided 
further, That losses incurred as a result of violations of law, or 
through fault or negligence, of such operators and service providers 
or of third parties (including airports) are not eligible for reimburse-
ments: Provided further, That obligation and expenditure of funds 
are conditional upon full release of the United States Government 
for all claims for financial losses resulting from such actions.
H. R. 2617—651 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(HIGHWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $473,535,991 together with advances and 
reimbursements received by the Federal Highway Administration, 
shall be obligated for necessary expenses for administration and 
operation of the Federal Highway Administration: Provided, That 
in addition, $3,248,000 shall be transferred to the Appalachian 
Regional Commission in accordance with section 104(a) of title 
23, United States Code. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
Funds available for the implementation or execution of author-
ized Federal-aid highway and highway safety construction programs 
shall not exceed total obligations of $58,764,510,674 for fiscal year 
2023: Provided, That the limitation on obligations under this 
heading shall only apply to contract authority authorized from 
the Highway Trust Fund (other than the Mass Transit Account), 
unless otherwise specified in law. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For the payment of obligations incurred in carrying out author-
ized Federal-aid highway and highway safety construction pro-
grams, $59,503,510,674 shall be derived from the Highway Trust 
Fund (other than the Mass Transit Account), to remain available 
until expended. 
HIGHWAY INFRASTRUCTURE PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby appropriated to the Secretary $3,417,811,613: 
Provided, That the funds made available under this heading shall 
be derived from the general fund, shall be in addition to any 
funds provided for fiscal year 2023 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) 
the nationally significant Federal lands and Tribal projects program 
under section 1123 of the FAST Act, as amended (23 U.S.C. 201 
note); (4) the Northern Border Regional Commission (40 U.S.C. 
15101 et seq.); or (5) the Denali Commission, and shall not affect 
the distribution or amount of funds provided in any other Act: 
Provided further, That, except for funds made available under this 
heading for the Northern Border Regional Commission and the
H. R. 2617—652 
Denali Commission, section 11101(e) of Public Law 117–58 shall 
apply to funds made available under this heading: Provided further, 
That unless otherwise specified, amounts made available under 
this heading shall be available until September 30, 2026, and shall 
not be subject to any limitation on obligations for Federal-aid high-
ways or highway safety construction programs set forth in any 
Act making annual appropriations: Provided further, That of the 
sums appropriated under this heading— 
(1) $1,862,811,613 shall be for the purposes, and in the 
amounts, specified for Community Project Funding/Congres-
sionally Directed Spending in the table entitled ‘‘Community 
Project Funding/Congressionally Directed Spending’’ included 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act): Provided, 
That, except as otherwise provided under this heading, the 
funds made available under this paragraph shall be adminis-
tered as if apportioned 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 subpara-
graph (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, 
and section 1123(h)(1) of MAP–21 (as amended by Public Law 
117–58), shall not apply to such funds; 
(2) $100,000,000 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 subdivi-
sion 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 heading 
for construction of the Appalachian Development Highway 
System shall remain available until expended: Provided further, 
That, except as provided in the following proviso, funds made 
available under this heading for construction of the Appalachian 
Development 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 Highway 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 construc-
tion of the Appalachian Development Highway System shall 
be apportioned to Appalachian States according to the percent-
ages derived from the 2012 Appalachian Development Highway 
System Cost-to-Complete Estimate, adopted in Appalachian 
Regional Commission Resolution Number 736, and confirmed 
as each Appalachian State’s relative share of the estimated 
remaining need to complete 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 modified and assigned a higher
H. R. 2617—653 
priority for completion of an Appalachian Development High-
way System corridor, as reported in the 2020 Appalachian 
Development Highway System Future Outlook: Provided fur-
ther, That the Secretary shall adjust apportionments 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 Develop-
ment Highway System under this heading: Provided further, 
That the Secretary shall consult with the Appalachian Regional 
Commission in making adjustments under the preceding two 
provisos: Provided further, That the Federal share of the costs 
for which an expenditure is made for construction of the Appa-
lachian Development Highway System under this heading shall 
be up to 100 percent; 
(3) $40,000,000 shall be for the nationally significant Fed-
eral lands and Tribal projects program under section 1123 
of the FAST Act (23 U.S.C. 201 note), of which not less than 
$20,000,000 shall be for competitive grants to tribal govern-
ments; 
(4) $12,000,000 shall be for the regional infrastructure 
accelerator demonstration program authorized 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; 
(5) $20,000,000 shall be for the national scenic byways 
program under section 162 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 apportioned under chapter 1 of title 
23, United States Code; 
(6) $45,000,000 shall be for the active transportation infra-
structure investment program under section 11529 of the Infra-
structure Investment and Jobs Act (23 U.S.C. 217 note): Pro-
vided, That except as otherwise 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: Provided further, That funds made 
available under this paragraph shall remain available until 
expended; 
(7) $3,000,000 shall be to carry out the Pollinator-Friendly 
Practices on Roadsides and Highway Rights-of-Way Program 
under section 332 of title 23, United States Code; 
(8) $5,000,000 shall be for a cooperative series of agree-
ments with universities, Federal agencies, the National 
Academy of Sciences, transportation agencies, or nonprofit 
organizations, to examine the impacts of culverts, roads, and 
bridges on threatened or endangered salmon populations: Pro-
vided, That, for funds made available under this paragraph, 
the Federal share of the costs of an activity carried out with 
such funds shall be 80 percent: Provided further, That, except 
as otherwise provided under this heading, the funds made 
available under this paragraph shall be administered as if 
authorized under chapter 5 of title 23, United States Code; 
(9) $1,145,000,000 shall be for a bridge replacement and 
rehabilitation program: Provided, That, for the purposes of 
funds made available under this paragraph, the term ‘‘State’’
H. R. 2617—654 
means any of the 50 States or the District of Columbia and 
the term ‘‘qualifying State’’ means any State in which the 
percentage of total deck area of bridges classified as in poor 
condition in such State is at least 5 percent or in which the 
percentage of total bridges classified as in poor condition in 
such State is at least 5 percent: Provided further, That, of 
the funds made available under this paragraph, the Secretary 
shall reserve $6,000,000 for each State that does not meet 
the definition of a qualifying State: Provided further, That, 
after making the reservations under the preceding proviso, 
the Secretary shall distribute the remaining funds made avail-
able under this paragraph to each qualifying State by the 
proportion that the percentage of total deck area of bridges 
classified as in poor condition in such qualifying State bears 
to the sum of the percentages of total deck area of bridges 
classified as in poor condition in all qualifying States: Provided 
further, That, of the funds made available under this para-
graph— 
(A) no qualifying State shall receive more than 
$60,000,000; 
(B) each State shall receive an amount not less than 
$6,000,000; and 
(C) after calculating the distribution of funds pursuant 
to the preceding proviso, any amount in excess of 
$60,000,000 shall be redistributed equally among each 
State that does not meet the definition of a qualifying 
State: 
Provided further, That the funds made available under this 
paragraph shall be used for highway bridge replacement or 
rehabilitation projects on public roads: Provided further, That 
for purposes of this paragraph, the Secretary shall calculate 
the percentages of total deck area of bridges (including the 
percentages of total deck area classified as in poor condition) 
and the percentages of total bridge counts (including the 
percentages of total bridges classified as in poor condition) 
based on the National Bridge Inventory as of December 31, 
2018: Provided further, That, except as otherwise provided 
under this heading, the funds made available under this para-
graph shall be administered as if apportioned under chapter 
1 of title 23, United States Code; 
(10) $15,000,000 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 Commission for such purpose, 
to carry out pilot projects that demonstrate the capabilities 
of wood-based infrastructure 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; 
(11) $150,000,000 shall be for competitive awards for activi-
ties eligible under section 176(d)(4) of title 23, United States 
Code, of which $125,000,000 shall be for such activities eligible 
under subparagraph (A) of such section, and of which 
$25,000,000 shall be for such activities eligible under subpara-
graph (C) of such section: Provided, That, except as otherwise 
provided under this heading, the funds made available under 
this paragraph shall be administered as if apportioned under
H. R. 2617—657 
the limitation under subsection (b)(12) and the amounts appor-
tioned under sections 202 and 204 of that title) in the proportion 
that— 
(A) amounts authorized to be appropriated for the pro-
grams 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 appro-
priated 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 highway 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 (but, for 
each of fiscal years 2013 through 2023, only in an amount 
equal to $639,000,000). 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding 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
H. R. 2617—658 
of Public Law 112–141) and 104 of title 23, United States 
Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION 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; 
(B) title VI of the Fixing America’s Surface Transpor-
tation Act; and 
(C) title III of division A of the Infrastructure Invest-
ment 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 fiscal years; 
and 
(B) be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and high-
way 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 highway 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. 121. Notwithstanding 31 U.S.C. 3302, funds received by 
the Bureau of Transportation Statistics from the sale of data prod-
ucts, for necessary expenses incurred pursuant 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. 
SEC. 122. Not less than 15 days prior to waiving, under his 
or her statutory authority, any Buy America requirement for Fed-
eral-aid highways 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 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 section 117 of title 
23, United States Code, unless the Secretary, at least 60 days
H. R. 2617—659 
before making a grant under that section, provides written notifica-
tion 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 section 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 associated 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 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 
remain 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 defined in rule 
XLIV of the Standing Rules of the Senate, 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 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 author-
ized to be appropriated or appropriated more than 10 fiscal 
years prior to the current fiscal year, and administered by 
the Federal Highway Administration. 
(c) The authority under subsection (a) may be exercised only 
for those projects or activities that have obligated 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 Appropriations. 
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 implementation, 
execution and administration of motor carrier safety operations
H. R. 2617—660 
and programs pursuant to section 31110 of title 49, United States 
Code, as amended by the Infrastructure Investment and Jobs Act 
(Public Law 117–58), $367,500,000, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account), together with 
advances and reimbursements received by the Federal Motor Car-
rier Safety Administration, the sum of which shall remain available 
until expended: Provided, That funds available for implementation, 
execution, or administration of motor carrier safety operations and 
programs authorized under title 49, United States Code, shall not 
exceed total obligations of $367,500,000, for ‘‘Motor Carrier Safety 
Operations and Programs’’ for fiscal year 2023, of which 
$14,073,000, to remain available for obligation until September 
30, 2025, is for the research and technology program, and of which 
not less than $63,098,000, to remain available for obligation until 
September 30, 2025, is for development, modernization, enhance-
ment, and continued operation and maintenance of information 
technology and information management. 
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, 
$506,150,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account) and to remain available until 
expended: Provided, That funds available for the implementation 
or execution of motor carrier safety programs shall not exceed 
total obligations of $506,150,000 in fiscal year 2023 for ‘‘Motor 
Carrier Safety Grants’’: Provided further, That of the amounts made 
available under this heading— 
(1) $398,500,000, to remain available for obligation until 
September 30, 2024, shall be for the motor carrier safety assist-
ance program; 
(2) $42,650,000, to remain available for obligation until 
September 30, 2024, shall be for the commercial driver’s license 
program implementation program; 
(3) $58,800,000, to remain available for obligation until 
September 30, 2024, shall be for the high priority program; 
(4) $1,200,000, to remain available for obligation until Sep-
tember 30, 2024, shall be for the commercial motor vehicle 
operators grant program; and 
(5) $5,000,000, to remain available for obligation until Sep-
tember 30, 2024, shall be for the commercial motor vehicle 
enforcement training and support grant program. 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY 
ADMINISTRATION 
SEC. 130. The Federal Motor Carrier Safety Administration 
shall send notice of section 385.308 of title 49, Code of Federal 
Regulations, 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.