§ 110. — Revenue aligned budget authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC110]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 110. Revenue aligned budget authority
(a) In General.--
(1) Allocation.--On October 15 of fiscal year 2000 and each
fiscal year thereafter, the Secretary shall allocate for such 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.
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\1\ So in original. Probably should be ``(2 U.S.C.
901(b)(1)(B)(ii)(I)(cc))''.
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(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 2000 or any fiscal year thereafter is less than zero, the
Secretary on October 1 of the succeeding fiscal year shall reduce
proportionately the amount of sums authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit Account) 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.
(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
for \2\ Federal-aid highway and highway safety construction
programs (other than the minimum guarantee program) and the
motor carrier safety grant program for which funds are allocated
from such Trust Fund by the Secretary under this title, the
Transportation Equity Act for the 21st Century, and subchapter I
of chapter 311 of title 49 for a fiscal year, bears to
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\2\ So in original. The word ``for'' probably should not appear.
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(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, 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.
(Added and amended Pub. L. 105-178, title I, Sec. 1105(a), (c), June 9,
1998, 112 Stat. 130; Pub. L. 105-206, title IX, Sec. 9002(e), July 22,
1998, 112 Stat. 835; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title
III, Sec. 304], Nov. 29, 1999, 113 Stat. 1536, 1501A-306; Pub. L. 106-
159, title I, Sec. 102(a)(2), Dec. 9, 1999, 113 Stat. 1752.)
References in Text
The Transportation Equity Act for the 21st Century, referred to in
subsec. (b)(1)(A), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as
amended. For complete classification of this Act to the Code, see
section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998
Amendment note under section 101 of this title and Tables.
Title III of Public Law 105-178, referred to in subsec. (f), is
title III of Pub. L. 105-178, June 9, 1998, 112 Stat. 338, as amended,
known as the Federal Transit Act of 1998. Sections 3037 and 3038 of
title III of Pub. L. 105-178 are set out as notes under sections 5309
and 5310, respectively, of Title 49, Transportation. For complete
classification of title III to the Code, see Short Title of 1998
Amendment note set out under section 5101 of Title 49 and Tables.
Codification
Another section 110 was renumbered section 126 of this title.
Prior Provisions
A prior section 110, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894,
related to project agreements, prior to repeal by Pub. L. 105-178, title
I, Sec. 1105(a), June 9, 1998, 112 Stat. 130.
Amendments
1999--Subsec. (a)(2). Pub. L. 106-159, Sec. 102(a)(2)(A), inserted
``and the motor carrier safety grant program'' after ``relief)''.
Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 102(a)(2)(B), inserted
``and the motor carrier safety grant program'' after ``program)'',
substituted ``title,'' for ``title and'', and inserted ``, and
subchapter I of chapter 311 of title 49'' after ``21st Century''.
Subsecs. (e) to (g). Pub. L. 106-113, which directed amendment of
section 110 by adding subsecs. (e) to (g) at the end, was executed to
this section to reflect the probable intent of Congress. See
Codification note above.
1998--Subsec. (a). Pub. L. 105-178, Sec. 1105(c)(1), as added by
Pub. L. 105-206, Sec. 9002(e), substituted ``In general'' for
``Determination of amount'' in heading and amended text of subsec. (a)
generally. Prior to amendment, text read as follows: ``On October 15 of
fiscal year 1999, and each fiscal year thereafter, the Secretary shall
allocate an amount of funds equal to the amount determined pursuant to
section 251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).''
Subsec. (b)(2), (4). Pub. L. 105-178, Sec. 1105(c)(2), as added by
Pub. L. 105-206, Sec. 9002(e), substituted ``subsection (a)(1)'' for
``subsection (a)''.
Subsec. (c). Pub. L. 105-178, Sec. 1105(c)(3), as added by Pub. L.
105-206, Sec. 9002(e), substituted ``the Interstate and National Highway
System program'' for ``the Interstate Maintenance program, the National
Highway System program''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.
