Sec. 10212. RESCISSION OF UNOBLIGATED BALANCES

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## SEC. 10212 RESCISSION OF UNOBLIGATED BALANCES ###

(a)In General On September 30, 2009, $8,708,000,000 of the unobligated balances of funds apportioned before such date to the States for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, equity bonus, Appalachian development highway system, recreational trails, safe routes to school, railway-highway crossings, coordinated border infrastructure, and highway safety improvement programs (and separately the set aside for the high risk rural road program), and each of the STP set-aside programs, is rescinded. ###

(b)Allocation Among States The Secretary shall determine each State's share of the amount to be rescinded by subsection

(a)on September 30, 2009, by multiplying $8,708,000,000 by the ratio of the aggregate amount apportioned to such State for fiscal years 2004 through 2009 for all the programs referred to in subsection

(a)to the aggregate amount apportioned to all States for such fiscal years for those programs. ###

(c)Calculations To determine the allocation of the amount to be rescinded for a State under subsection

(b)among the programs referred to in subsection (a), the Secretary shall make the following calculations: ####

(1)The Secretary shall multiply such amount to be rescinded by the ratio that the aggregate amount of unobligated funds available to the State on September 30, 2009, for each such program bears to the aggregate amount of unobligated funds available to the State on September 30, 2009, for all such programs. ####

(2)The Secretary shall multiply such amount to be rescinded by the ratio that the aggregate of the amount apportioned to the State for each such program for fiscal years 2004 through 2009 bears to the aggregate amount apportioned to the State for all such programs for fiscal years 2004 through 2009. ###

(d)Allocation Among Programs ####

(1)In general The Secretary, in consultation with the State, shall rescind for the State from each program referred to in subsection

(a)the amount determined for the program under subsection (c)(1). ####

(2)Special rule #####

(A)Restoration of funds for covered programs If the rescission calculated under subsection (c)(1) for a covered program exceeds the amount calculated for the covered program under subsection (c)(2), the State shall immediately restore to the apportionment account for the covered program from the unobligated balances of programs referred to in subsection

(a)(other than covered programs) the amount of funds required so that the net rescission from the covered program does not exceed the amount calculated for the covered program under subsection (c)(2). #####

(B)Treatment of restored funds Any funds restored under subparagraph

(A)shall be deemed to be the funds that were rescinded for the purposes of obligation. ####

(3)Covered program defined In paragraph (2), the term “**covered program**” means a program authorized under sections 130 and 152 of title 23, United States Code, paragraph

(2)or

(3)of section 133(d) of that title, section 144 of that title, section 149 of that title, or section 1404 of this Act. ###

(e)Treatment of Safety Programs In making calculations under subsections (c)(1), (c)(2), and (d)(2), the Secretary shall treat the STP set-aside program for safety programs and the highway safety improvement program as a single program. ###

(f)STP Set-Aside Program Defined In this section, the term “**STP set-aside program**” means the amount set aside under section 133(d) of title 23, United States Code, for each of the safety programs, transportation enhancement activities, and division between urbanized areas of over 200,000 population and other areas. * * * * * * * ## Subtitle C Specific Vehicle Safety-related Rulings * * * * * * *