2011 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
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.

(Added and amended Pub. L. 105–178, title I, §1105(a), (c), June 9, 1998, 112 Stat. 130; Pub. L. 105–206, title IX, §9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106–113, div. B, §1000(a)(5) [title III, §304], Nov. 29, 1999, 113 Stat. 1536, 1501A–306; Pub. L. 106–159, title I, §102(a)(2), Dec. 9, 1999, 113 Stat. 1752; Pub. L. 109–59, title I, §1105(a)–(e), Aug. 10, 2005, 119 Stat. 1165, 1166.)

Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a)(1) and (2), is section 251 of Pub. L. 99–177, title II, Dec. 12, 1985, 99 Stat. 1063, which is classified to section 901 of Title 2, The Congress. Section 251 of Pub. L. 99–177 was amended generally by Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241, and as so amended, par. (1) no longer contains a subpar. (B).

Section 1102(h) of the SAFETEA–LU, referred to in subsec. (a)(2), is section 1102(h) of Pub. L. 109–59, which is set out as a note under section 104 of this title.

The SAFETEA–LU, referred to in subsecs. (a)(2) and (b)(1)(A), is Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1144, also known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. Title VIII of the Act amended sections 900 and 901 of Title 2, The Congress, and enacted provisions set out as a note under section 901 of Title 2. For complete classification of this Act to the Code, see Short Title of 2005 Amendments note set out 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.

Another section 110 was renumbered section 126 of this title.

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, §1105(a), June 9, 1998, 112 Stat. 130.

2005—Subsec. (a)(1). Pub. L. 109–59, §1105(a), substituted “2007” for “2000” and inserted “and the succeeding fiscal year” after “allocate for such fiscal year”.

Subsec. (a)(2). Pub. L. 109–59, §1105(b), substituted “2007” for “2000” and “October 15 of such” for “October 1 of the succeeding”, inserted “for such fiscal year and the succeeding fiscal year” after “Account)”, and inserted at end “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.”

Subsec. (b)(1)(A). Pub. L. 109–59, §1105(c), (e), struck out “for” before “Federal-aid highway” and substituted “equity bonus” for “minimum guarantee” and “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.

Subsec. (c). Pub. L. 109–59, §1105(d), inserted “the highway safety improvement program,” after “the surface transportation program,”.

1999—Subsec. (a)(2). Pub. L. 106–159, §102(a)(2)(A), inserted “and the motor carrier safety grant program” after “relief)”.

Subsec. (b)(1)(A). Pub. L. 106–159, §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, §1105(c)(1), as added by Pub. L. 105–206, §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, §1105(c)(2), as added by Pub. L. 105–206, §9002(e), substituted “subsection (a)(1)” for “subsection (a)”.

Subsec. (c). Pub. L. 105–178, §1105(c)(3), as added by Pub. L. 105–206, §9002(e), substituted “the Interstate and National Highway System program” for “the Interstate Maintenance program, the National Highway System program”.

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.

Pub. L. 109–59, title I, §1105(f), Aug. 10, 2005, 119 Stat. 1166, provided that: “If the amount available pursuant to section 110 of title 23, United States Code, for fiscal year 2007 is greater than zero, the Secretary [of Transportation] shall—

“(1) determine the total amount necessary to increase each State's rate of return (as determined under section 105(b)(1)(A) of title 23, United States Code) to 92 percent, excluding amounts provided under this paragraph;

“(2) allocate to each State the lesser of—

“(A) the amount computed for that State under paragraph (1); or

“(B) an amount determined by multiplying the total amount calculated under section 110 of title 23, United States Code, for fiscal year 2007 by the ratio that—

“(i) the amount determined for such State under paragraph (1); bears to

“(ii) the total amount computed for all States in paragraph (1); and

“(3) allocate amounts remaining in excess of the amounts allocated in paragraph (2) to all States in accordance with section 110 of title 23, United States Code.”

¹ So in original. Probably should be “(2 U.S.C. 901(b)(1)(B)(ii)(I)(cc))”. See References in Text note below.