Sec. 1102. Obligation limitation

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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— $62,159,350,954 for fiscal year 2022; $63,121,354,776 for fiscal year 2023; $64,346,443,712 for fiscal year 2024; and $65,180,125,186 for fiscal year 2025. The limitations under subsection

(a)shall not apply to obligations under or for— section 125 of title 23, United States Code; section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); subsections

(b)and

(j)of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); subsections

(b)and

(c)of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ); section 157 of title 23, United States Code (as in effect on June 8, 1998); 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); 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; 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); 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; 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); section 119 of title 23, United States Code (but, for fiscal years 2016 through 2021, only in an amount equal to $639,000,000 for each of those fiscal years); section 203 of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $550,000,000 for each of those fiscal years); and section 133(d)(1)(B) of title 23, United States Code (but, for fiscal years 2022 through 2025, only in an amount equal to $89,000,000 for each of those fiscal years). Subject to paragraph (1)(B), for each of fiscal years 2022 through 2025, the Secretary of Transportation— shall not distribute obligation authority provided by subsection

(a)for the fiscal year for— amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; amounts authorized for the Bureau of Transportation Statistics; amounts authorized for the tribal transportation program under section 202 of title 23, United States Code; and amounts authorized for the territorial and Puerto Rico highway program under section 165(a) of title 23, United States Code; and for each of fiscal years 2023 through 2025, in addition to the amounts described in subparagraph (A), shall not distribute obligation authority provided by subsection

(a)for the fiscal year for amounts authorized for the metro performance program under section 1305 of this Act; shall not distribute an amount of obligation authority provided by subsection

(a)that is equal to the unobligated balance of amounts— made available from the Highway Trust Fund (other than the Mass Transit Account) 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 for which obligation authority was provided in a previous fiscal year; shall determine the proportion that— the obligation authority provided by subsection

(a)for the fiscal year, less the aggregate of amounts not distributed under paragraphs

(1)and

(2)of this subsection; bears to 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

(13)of subsection (b); section 203 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year; and 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 the aggregate of the amounts not distributed under paragraphs

(1)and

(2)of this subsection; shall distribute the obligation authority provided 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 Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying— the proportion determined under paragraph (3); by the amounts authorized to be appropriated for each such program for the fiscal year; and shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs

(1)and

(2)and the amounts distributed under paragraph (4), for Federal-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 surface transportation program in section 133(d)(1)(B) of title 23, United States Code, that are exempt from the limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that— amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. Notwithstanding subsection (c), the Secretary of Transportation shall, after August 1 of each of fiscal years 2022 through 2025— revise a distribution of the obligation authority made available under subsection

(c)if an amount distributed cannot be obligated during that fiscal year; and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code. Except as provided in paragraph (2), obligation limitations imposed by subsection

(a)shall apply to contract authority for— transportation research programs carried out under chapter 5 of title 23, United States Code, and title V of this Act; and the metro performance program under section 1305 of this Act. Obligation authority made available under paragraph

(1)shall— remain available for a period of 4 fiscal years; and 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. Not later than 30 days after the date of distribution of obligation authority under subsection

(c)for each of fiscal years 2022 through 2025, the Secretary of Transportation shall distribute to the States any funds that— are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and 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 the fiscal year because of the imposition of any obligation limitation for the fiscal year. Funds shall be distributed under paragraph

(1)in the same proportion as the distribution of obligation authority under subsection (c)(5). 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.

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