23 U.S.C. § 110 : US Code - Section 110: Revenue aligned budget authority

Search 23 U.S.C. § 110 : US Code - Section 110: Revenue aligned budget authority

(a) In General. -
(1) Allocation. - On October 15 of fiscal year 2007 and each
fiscal year thereafter, the Secretary shall allocate for such
fiscal year and the succeeding fiscal year an amount of funds
equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
(!1) if the amount determined pursuant to such section for such
fiscal year is greater than zero.
(2) Reduction. - If the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
(!1) for fiscal year 2007 or any fiscal year thereafter is less
than zero, the Secretary on October 15 of such fiscal year shall
reduce proportionately the amount of sums authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for such fiscal year and the succeeding fiscal
year to carry out each of the Federal-aid highway and highway
safety construction programs (other than emergency relief) and
the motor carrier safety grant program by an aggregate amount
equal to the amount determined pursuant to such section. No
reduction under this paragraph and no reduction under section
1102(h), and no reduction under title VIII or any amendment made
by title VIII, of the SAFETEA-LU shall be made for a fiscal year
if, as of October 1 of such fiscal year the balance in the
Highway Trust Fund (other than the Mass Transit Account) exceeds
$6,000,000,000.
(b) General Distribution. - The Secretary shall -
(1) determine the ratio that -
(A) the sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) for each of
the Federal-aid highway and highway safety construction
programs (other than the equity bonus program) and the motor
carrier safety grant program for which funds are allocated from
such Trust Fund by the Secretary under this title, the SAFETEA-
LU, and subchapter I of chapter 311 of title 49 for a fiscal
year, bears to
(B) the total of all sums authorized to be appropriated from
such Trust Fund for such programs for such fiscal year;
(2) multiply the ratio determined under paragraph (1) by the
total amount of funds to be allocated under subsection (a)(1) for
such fiscal year;
(3) allocate the amount determined under paragraph (2) among
such programs in the ratio that -
(A) the sums authorized to be appropriated from such Trust
Fund for each of such programs for such fiscal year, bears to
(B) the sums authorized to be appropriated from such Trust
Fund for all such programs for such fiscal year; and
(4) allocate the remainder of the funds to be allocated under
subsection (a)(1) for such fiscal year to the States in the ratio
that -
(A) the total of all funds authorized to be appropriated from
such Trust Fund for Federal-aid highway and highway safety
construction programs that are apportioned to each State for
such fiscal year but for this section, bears to
(B) the total of all funds authorized to be appropriated from
such Trust Fund for such programs that are apportioned to all
States for such fiscal year but for this section.
(c) State Programmatic Distribution. - Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are apportioned
for the Interstate and National Highway System program, the bridge
program, the surface transportation program, the highway safety
improvement program, and the congestion mitigation air quality
improvement program in the same ratio that each State is
apportioned funds for such programs for such fiscal year but for
this section.
(d) Authorization of Appropriations. - There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out this
section for fiscal years beginning after September 30, 1998.
(e) After making any calculation necessary to implement this
section for fiscal year 2001, the amount available under paragraph
(a)(1) shall be increased by $128,752,000. The amounts added under
this subsection shall not apply to any calculation in any other
fiscal year.
(f) For fiscal year 2001, prior to making any distribution under
this section, $22,029,000 of the allocation under paragraph (a)(1)
shall be available only for each program authorized under chapter
53 of title 49, United States Code, and title III of Public Law 105-
178, in proportion to each such program's share of the total
authorization in section 5338 (other than 5338(h)) of such title
and sections 3037 and 3038 of such Public Law, under the terms and
conditions of chapter 53 of such title.
(g) For fiscal year 2001, prior to making any distribution under
this section, $399,000 of the allocation under paragraph (a)(1)
shall be available only for motor carrier safety programs under
sections 31104 and 31107 of title 49, United States Code; $274,000
for NHTSA operations and research under section 403 of title 23,
United States Code; and $787,000 for NHTSA highway traffic safety
grants under chapter 4 of title 23, United States Code.