Sec. 120.

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Contingent upon reauthorization: For fiscal year 2015, the Secretary of Transportation shall— not distribute from the obligation limitation for Federal-aid Highways— amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and amounts authorized for the Bureau of Transportation Statistics; not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts— made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid Highways and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and for which obligation limitation was provided in a previous fiscal year; determine the proportion that— the obligation limitation for Federal-aid Highways, less the aggregate of amounts not distributed under paragraphs

(1)and

(2)of this subsection; bears to the total of the sums authorized to be appropriated for the Federal-aid Highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs

(1)through

(12)of subsection

(b)and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(13) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs

(1)and

(2)of this subsection; distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs

(1)and (2), for each of the programs (other than programs to which paragraph

(1)applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— the proportion determined under paragraph (3); by the amounts authorized to be appropriated for each such program for such fiscal year; and distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs

(1)and

(2)and the amounts distributed under paragraph (4), for Federal-aid Highways and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. The obligation limitation for Federal-aid Highways shall not apply to obligations under or for— section 125 of title 23, United States Code; section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); subsections

(b)and

(j)of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); subsections

(b)and

(c)of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); section 157 of title 23, United States Code (as in effect on June 8, 1998); section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); Federal-aid Highways programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and section 119 of title 23, United States Code (as in effect for fiscal years 2013 and 2014, but only in an amount equal to $639,000,000 for each of those fiscal years); and section 119 of title 23, United States Code (but, for fiscal year 2015, only in an amount equal to $639,000,000). Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— revise a distribution of the obligation limitation made available under subsection

(a)if an amount distributed cannot be obligated during that fiscal year; and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 ) and 104 of title 23, United States Code. Except as provided in paragraph (2), the obligation limitation for Federal-aid Highways shall apply to contract authority for transportation research programs carried out under— chapter 5 of title 23, United States Code; and division E of the Moving Ahead for Progress in the 21st Century Act. Obligation authority made available under paragraph

(1)shall— remain available for a period of 4 fiscal years; and be in addition to the amount of any limitation imposed on obligations for Federal-aid Highways and highway safety construction programs for future fiscal years. Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— are authorized to be appropriated for such fiscal year for Federal-aid Highways programs; and the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. Funds shall be distributed under paragraph

(1)in the same proportion as the distribution of obligation authority under subsection (a)(5). Funds distributed to each State under paragraph

(1)shall be available for any purpose described in section 133(b) of title 23, United States Code.

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