Sec. 1102. OBLIGATION CEILING

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## SEC. 1102 OBLIGATION CEILING **[**[23 U.S.C. 104 note](/us/usc/t23/s104)**]** ###

(a)General Limitation Subject to subsections

(g)and (h), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— ####

(1)$34,422,400,000 for fiscal year 2005; ####

(2)$36,032,343,903 for fiscal year 2006; ####

(3)$38,244,210,516 for fiscal year 2007; ####

(4)$39,585,075,404 for fiscal year 2008; and ####

(5)$41,199,970,178 for fiscal year 2009. ###

(b)Exceptions The limitations under subsection

(a)shall not apply to obligations under or for— ####

(1)section 125 of title 23, United States Code; ####

(2)section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); ####

(3)section 9 of the Federal-Aid Highway Act of 1981 (Public Law 97–134; 95 Stat. 1701); ####

(4)subsections

(b)and

(j)of section 131 of the Surface Transportation Assistance Act of 1982 (Public Law 97–424; 96 Stat. 2119); ####

(5)subsections

(b)and

(c)of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17; 101 Stat. 198); ####

(6)sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2027); ####

(7)section 157 of title 23, United States Code (as in effect on June 8, 1998); ####

(8)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); ####

(9)Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used; ####

(10)section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2009, only in an amount equal to $639,000,000 per fiscal year); and ####

(11)section 1603 of this Act, 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. ###

(c)Distribution of Obligation Authority For each of fiscal years 2005 through 2009, the Secretary— ####

(1)shall not distribute obligation authority provided by subsection

(a)for the fiscal year for— #####

(A)amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; #####

(B)programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of this Act); and #####

(C)amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics; ####

(2)shall not distribute an amount of obligation authority provided by subsection

(a)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 highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary; ####

(3)shall determine the ratio that— #####

(A)the obligation authority provided by subsection

(a)for the fiscal year, less the aggregate of amounts not distributed under paragraphs

(1)and (2); bears to #####

(B)the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs

(1)through

(9)of subsection

(b)and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(10) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs

(1)and (2); ####

(4)#####

(A)shall distribute the obligation authority provided by subsection

(a)less the aggregate amounts not distributed under paragraphs

(1)and (2), for sections 1301, 1302, and 1934 of this Act, sections 117 but individually for each of project numbered 1 through 3676 listed in the table contained in section 1702 of this Act and 144(g) of title 23, United States Code, and section 14501 of title 40, United States Code, and, during fiscal year 2005, amounts for programs, projects, and activities authorized by section 117 of title I of division H of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3212), so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying— ######

(i)the ratio determined under paragraph (3); by ######

(ii)the sums authorized to be appropriated for that section for the fiscal year; and #####

(B)shall distribute $2,000,000,000 for section 105 of title 23, United States Code; ####

(5)shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs

(1)and (2), for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than to programs to which paragraph

(1)applies), by multiplying— #####

(A)the ratio determined under paragraph (3); by #####

(B)the amounts authorized to be appropriated for each such program for the fiscal year; and ####

(6)shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs

(1)and

(2)and the amounts distributed under paragraphs

(4)and (5), for Federal-aid highway and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under this Act and title 23, United States Code, in the ratio that— #####

(A)amounts authorized to be appropriated for the programs that are apportioned to each State for the fiscal year; bear to #####

(B)the total of the amounts authorized to be appropriated for the programs that are apportioned to all States for the fiscal year. ###

(d)Redistribution of Unused Obligation Authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2005 through 2009— ####

(1)revise a distribution of the obligation authority made available under subsection

(c)if an amount distributed cannot be obligated during that fiscal year; and ####

(2)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 104 and 144 of title 23, United States Code. ###

(e)Applicability of Obligation Limitations to Transportation Research Programs ####

(1)In general Except as provided in paragraph (2), obligation limitations imposed by subsection

(a)shall apply to contract authority for transportation research programs carried out under— #####

(A)chapter 5 of title 23, United States Code; and #####

(B)title V (research title) of this Act. ####

(2)Exception Obligation authority made available under paragraph

(1)shall— #####

(A)remain available for a period of 3 fiscal years; and #####

(B)be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. ###

(f)Redistribution of Certain Authorized Funds ####

(1)In general Not later than 30 days after the date of distribution of obligation authority under subsection

(c)for each of fiscal years 2005 through 2009, the Secretary shall distribute to the States any funds that— #####

(A)are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and #####

(B)the Secretary determines will not be allocated to the States, and will not be available for obligation, in the fiscal year due to the imposition of any obligation limitation for the fiscal year. ####

(2)Ratio Funds shall be distributed under paragraph

(1)in the same ratio as the distribution of obligation authority under subsection (c)(6). ####

(3)Availability Funds distributed under paragraph

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

(g)Special Limitation Characteristics Obligation authority distributed for a fiscal year under subsection (c)(4) for the provision specified in subsection (c)(4) shall— ####

(1)remain available until used for obligation of funds for that provision; and ####

(2)be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. ###

(h)Adjustment in Obligation Limit ####

(1)In general Subject to the last sentence of section 110(a)(2) of title 23, United States Code, a limitation on obligations imposed by subsection

(a)for a fiscal year shall be adjusted by an amount equal to the amount determined in accordance with section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year. ####

(2)Distribution An adjustment under paragraph

(1)shall be distributed in accordance with this section. ###

(i)Special Rule for Fiscal Year 2005 ####

(1)In general Obligation authority distributed under subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, and 1934 of this Act and sections 117 and 144(g) of title 23, United States Code, may be used in fiscal year 2005 for purposes of obligation authority distributed under subsection (c)(6). ####

(2)Restoration Obligation authority used as described in paragraph

(1)shall be restored to the original purpose on the date on which obligation authority is distributed under this section for fiscal year 2006. ###

(j)High Priority Project Flexibility ####

(1)In general Subject to paragraph (2), obligation authority distributed for a fiscal year under subsection (c)(4) for each project numbered 1 through 3676 listed in the table contained in section 1702 of this Act may be obligated for any other project in such section in the same State. ####

(2)Restoration Obligation authority used as described in paragraph

(1)shall be restored to the original purpose on the date on which obligation authority is distributed under this section for the next fiscal year following obligation under paragraph (1). ###

(k)Limitation on Statutory Construction Nothing in this section shall be construed to limit the distribution of obligation authority under subsection (c)(4)(A) for each of the individual projects numbered greater than 3676 listed in the table contained in section 1702 of this Act. * * * * * * *

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