Sec. 11101. 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 surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection
(c)of the PROTECT program under section 176 of that title, and to carry out section 134 of that title— $52,488,065,375 for fiscal year 2022; $53,537,826,683 for fiscal year 2023; $54,608,583,217 for fiscal year 2024; $55,700,754,881 for fiscal year 2025; and $56,814,769,844 for fiscal year 2026. For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. For the tribal transportation program under section 202 of title 23, United States Code— $578,460,000 for fiscal year 2022; $589,960,000 for fiscal year 2023; $602,460,000 for fiscal year 2024; $612,960,000 for fiscal year 2025; and $627,960,000 for fiscal year 2026. For the Federal lands transportation program under section 203 of title 23, United States Code— $421,965,000 for fiscal year 2022; $429,965,000 for fiscal year 2023; $438,965,000 for fiscal year 2024; $447,965,000 for fiscal year 2025; and $455,965,000 for fiscal year 2026. Of the amount made available for a fiscal year under clause (i)— the amount for the National Park Service is— $332,427,450 for fiscal year 2022; $338,867,450 for fiscal year 2023; $346,237,450 for fiscal year 2024; $353,607,450 for fiscal year 2025; and $360,047,450 for fiscal year 2026; the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and the amount for the Forest Service is— $24,000,000 for fiscal year 2022; $25,000,000 for fiscal year 2023; $26,000,000 for fiscal year 2024; $27,000,000 for fiscal year 2025; and $28,000,000 for fiscal year 2026. For the Federal lands access program under section 204 of title 23, United States Code— $285,975,000 for fiscal year 2022; $291,975,000 for fiscal year 2023; $296,975,000 for fiscal year 2024; $303,975,000 for fiscal year 2025; and $308,975,000 for fiscal year 2026. For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code— $219,000,000 for fiscal year 2022; $224,000,000 for fiscal year 2023; $228,000,000 for fiscal year 2024; $232,500,000 for fiscal year 2025; and $237,000,000 for fiscal year 2026. For nationally significant freight and highway projects under section 117 of title 23, United States Code— $1,000,000,000 for fiscal year 2022; $1,000,000,000 for fiscal year 2023; $1,000,000,000 for fiscal year 2024; $900,000,000 for fiscal year 2025; and $900,000,000 for fiscal year 2026. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): To carry out the bridge investment program under section 124 of title 23, United States Code— $600,000,000 for fiscal year 2022; $640,000,000 for fiscal year 2023; $650,000,000 for fiscal year 2024; $675,000,000 for fiscal year 2025; and $700,000,000 for fiscal year 2026. To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. To carry out section 151(f) of title 23, United States Code— $300,000,000 for fiscal year 2022; $400,000,000 for fiscal year 2023; $500,000,000 for fiscal year 2024; $600,000,000 for fiscal year 2025; and $700,000,000 for fiscal year 2026. To carry out the rural surface transportation grant program under section 173 of title 23, United States Code— $300,000,000 for fiscal year 2022; $350,000,000 for fiscal year 2023; $400,000,000 for fiscal year 2024; $450,000,000 for fiscal year 2025; and $500,000,000 for fiscal year 2026. To carry out subsection
(d)of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026— $250,000,000 for fiscal year 2022; $250,000,000 for fiscal year 2023; $300,000,000 for fiscal year 2024; $300,000,000 for fiscal year 2025; and $300,000,000 for fiscal year 2026. Of the amounts made available under clause (i)— for planning grants under paragraph
(3)of that subsection— $25,000,000 for fiscal year 2022; $25,000,000 for fiscal year 2023; $30,000,000 for fiscal year 2024; $30,000,000 for fiscal year 2025; and $30,000,000 for fiscal year 2026; for resilience improvement grants under paragraph (4)(A) of that subsection— $175,000,000 for fiscal year 2022; $175,000,000 for fiscal year 2023; $210,000,000 for fiscal year 2024; $210,000,000 for fiscal year 2025; and $210,000,000 for fiscal year 2026; for community resilience and evacuation route grants under paragraph (4)(B) of that subsection— $25,000,000 for fiscal year 2022; $25,000,000 for fiscal year 2023; $30,000,000 for fiscal year 2024; $30,000,000 for fiscal year 2025; and $30,000,000 for fiscal year 2026; and for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection— $25,000,000 for fiscal year 2022; $25,000,000 for fiscal year 2023; $30,000,000 for fiscal year 2024; $30,000,000 for fiscal year 2025; and $30,000,000 for fiscal year 2026. To carry out the reduction of truck emissions at port facilities under section 11402, $50,000,000 for each of fiscal years 2022 through 2026. Amounts made available under clause
(i)shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ), $55,000,000 for each of fiscal years 2022 through 2026. Amounts made available under clause
(i)shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code— $600,000,000 for fiscal year 2022; $640,000,000 for fiscal year 2023; $650,000,000 for fiscal year 2024; $675,000,000 for fiscal year 2025; and $700,000,000 for fiscal year 2026. Amounts made available under clause
(i)shall be allocated in the same manner as if made available under paragraph (1)(A). In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ) $300,000,000 for each of fiscal years 2022 through 2026. There is authorized to be appropriated to carry out the Healthy Streets program under section 11406 $100,000,000 for each of fiscal years 2022 through 2026. There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 13006(e) $15,000,000 for each of fiscal years 2022 through 2026. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026. To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. To carry out section 504 of title 23, United States Code— $25,000,000 for fiscal year 2022; $25,250,000 for fiscal year 2023; $25,500,000 for fiscal year 2024; $25,750,000 for fiscal year 2025; and $26,000,000 for fiscal year 2026. To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. To carry out section 5505 of title 49, United States Code— $80,000,000 for fiscal year 2022; $80,500,000 for fiscal year 2023; $81,000,000 for fiscal year 2024; $81,500,000 for fiscal year 2025; and $82,000,000 for fiscal year 2026. To carry out chapter 63 of title 49, United States Code— $26,000,000 for fiscal year 2022; $26,250,000 for fiscal year 2023; $26,500,000 for fiscal year 2024; $26,750,000 for fiscal year 2025; and $27,000,000 for fiscal year 2026. The Federal Highway Administration shall— administer the programs described in subparagraphs (A), (B), and
(C)of paragraph (1); and in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D). Amounts authorized to be appropriated by paragraph
(1)shall— be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this division) or otherwise determined by the Secretary; and remain available until expended and not be transferable, except as otherwise provided by this division. The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): For the wildlife crossings pilot program under section 171 of title 23, United States Code— $60,000,000 for fiscal year 2022; $65,000,000 for fiscal year 2023; $70,000,000 for fiscal year 2024; $75,000,000 for fiscal year 2025; and $80,000,000 for fiscal year 2026. For the prioritization process pilot program under section 11204, $10,000,000 for each of fiscal years 2022 through 2026. Amounts made available under subparagraph
(A)shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. For planning grants under the reconnecting communities pilot program under section 11509(c), $30,000,000 for each of fiscal years 2022 through 2026. For capital construction grants under the reconnecting communities pilot program under section 11509(d)— $65,000,000 for fiscal year 2022; $68,000,000 for fiscal year 2023; $70,000,000 for fiscal year 2024; $72,000,000 for fiscal year 2025; and $75,000,000 for fiscal year 2026. Amounts made available under subparagraph
(A)or
(B)shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended. Congress finds that— while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; the continuing barriers described in subparagraph
(A)merit the continuation of the disadvantaged business enterprise program; Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; the testimony and documentation described in subparagraph
(C)demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and the testimony and documentation described in subparagraph
(C)provide 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 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 small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation. 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 determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, 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 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 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 this division, division C, 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 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 ability of the Department to track and keep records of complaints and to make that information publicly available.
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