Sec. 1101. Authorization of appropriations
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The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): 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 section 130 of such title, the surface transportation program under section 133 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 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— $55,022,048,429 for fiscal year 2022; $55,980,646,776 for fiscal year 2023; $57,095,359,712 for fiscal year 2024; and $58,118,666,186 for fiscal year 2025.
For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2022 through 2025. For construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, $120,000,000 for each of fiscal years 2022 through 2025. For the tribal transportation program under section 202 of title 23, United States Code, $800,000,000 for each of fiscal years 2022 through 2025.
For the Federal lands transportation program under section 203 of title 23, United States Code, $550,000,000 for each of fiscal years 2022 through 2025. Of the amount made available for a fiscal year under clause (i)— the amount for the National Park Service is $400,000,000 for each of fiscal years 2022 through 2025; the amount for the United States Fish and Wildlife Service is $50,000,000 for each of fiscal years 2022 through 2025; and the amount for the United States Forest Service is $50,000,000 for each of fiscal years 2022 through 2025.
For the Federal lands access program under section 204 of title 23, United States Code, $345,000,000 for each of fiscal years 2022 through 2025. To carry out section 208 of title 23, United States Code, $400,000,000 for each of fiscal years 2022 through 2025. For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $310,000,000 for each of fiscal years 2022 through 2025. For projects of national and regional significance under section 117 of title 23, United States Code— $2,200,000,000 for fiscal year 2022; $2,200,000,000 for fiscal year 2023; $2,300,000,000 for fiscal year 2024; and $2,350,000,000 for fiscal year 2025.
To carry out section 173 of title 23, United States Code, $600,000,000 for each of fiscal years 2022 through 2025. To carry out section 151(f) of title 23, United States Code, $350,000,000 for each of fiscal years 2022 through 2025. To carry out section 172 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2025. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): To carry out section 1306 of this Act, $250,000,000 for fiscal year 2022.
To carry out section 1307 of this Act, $250,000,000 for fiscal year 2022. To carry out section 1308 of this Act, $250,000,000 for fiscal year 2023. To carry out section 1309 of this Act, $250,000,000 for fiscal year 2024. To carry out section 1305 of this Act, $250,000,000 for each of fiscal years 2023 through 2025. Amounts made available under subparagraphs
(B)through
(D)of paragraph
(1)shall be administered as if apportioned under chapter 1 of title 23, United States Code. Congress finds that— despite the real improvements caused by the disadvantaged business enterprise program, 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 related markets across the United States; the continuing race and gender discrimination described in subparagraph
(A)merits the continuation of the disadvantaged business enterprise program; recently, the disparities cause by discrimination 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; Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and other investigative activities, scientific reports, reports issued by public and private agencies at every level of government, news reports, academic publications, reports of discrimination by organizations and individuals, and discrimination lawsuits, which continue to demonstrate that race- and gender-neutral efforts alone are insufficient to address the problem; the testimony and documentation described in subparagraph
(D)demonstrate that discrimination across the United States poses an injurious and enduring barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has negatively affected firm formation, development and success in many aspects of surface transportation-related business in the public and private markets; and the testimony and documentation described in subparagraph
(D)provide a clear picture 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. In this subsection, the following definitions apply: 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 )). The term socially and economically disadvantaged individuals 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 economically disadvantaged individuals for purposes of this subsection. 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 division 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. Each State shall annually— 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 notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— women; socially and economically disadvantaged individuals (other than women); and individuals who are women and are otherwise socially and economically disadvantaged individuals. The Secretary of Transportation shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. The minimum uniform criteria established under subparagraph
(A)shall include, with respect to a potential small business concern— on-site visits; personal interviews with personnel; issuance or inspection of licenses; analyses of stock ownership; listings of equipment; analyses of bonding capacity; listings of work completed; examination of the resumes of principal owners; analyses of financial capacity; and analyses of the type of work preferred. The Secretary of Transportation shall establish minimum requirements for use by State governments in reporting to the Secretary— information concerning disadvantaged business enterprise awards, commitments, and achievements; and such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, V, and VII of this division and section 403 of title 23, United States Code, if the entity 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 that a requirement or the implementation of paragraph
(3)is unconstitutional. It is the sense of Congress that— 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 business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and 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. Funds provided under this section may not be used in awarding or exercising an option on a previously awarded contract, a contract, 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 corporation based in a country that— 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; 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 is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment. This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
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