Sec. 1102. OBLIGATION CEILING
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## SEC. 1102 OBLIGATION CEILING ###
(a)General Limitation Notwithstanding any other provision of law but subject to subsections
(g)and (h), the obligations for Federal-aid highway and highway safety construction programs shall not exceed— ####
(1)$21,500,000,000 for fiscal year 1998; ####
(2)$25,511,000,000 for fiscal year 1999; ####
(3)$26,245,000,000 for fiscal year 2000; ####
(4)$26,761,000,000 for fiscal year 2001; ####
(5)$27,355,000,000 for fiscal year 2002; and ####
(6)$27,811,000,000 for fiscal year 2003. ###
(b)Exceptions The limitations under subsection
(a)shall not apply to obligations— ####
(1)under section 125 of title 23, United States Code; ####
(2)under section 147 of the Surface Transportation Assistance Act of 1978; ####
(3)under section 9 of the Federal-Aid Highway Act of 1981; ####
(4)under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; ####
(5)under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; ####
(6)under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; ####
(7)under section 157 of title 23, United States Code, as in effect on the day before the date of enactment of this Act; and ####
(8)under section 105 of title 23, United States Code (but, for each of fiscal years 1998 through 2007), only in an amount equal to $639,000,000 per fiscal year. ###
(c)Distribution of Obligation Authority For each of fiscal years 1998 through 2003, the Secretary shall— ####
(1)not distribute obligation authority provided by subsection
(a)for such fiscal year for amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics; ####
(2)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)determine the ratio that— #####
(A)the obligation authority provided by subsection
(a)for such 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 Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs
(1)through
(7)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)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph
(1)of this subsection; ####
(4)distribute the obligation authority provided by subsection
(a)less the aggregate amounts not distributed under paragraphs
(1)and
(2)for section 117 of title 23, United States Code (relating to high priority projects program), section 201 of the Appalachian Regional Development Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995, and $2,000,000,000 for such fiscal year under section 105 of such title (relating to minimum guarantee) so that amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph
(3)by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; ####
(5)distribute the obligation authority provided by subsection
(a)less the aggregate amounts not distributed under paragraphs
(1)and
(2)and amounts distributed under paragraph
(4)for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than activities to which paragraph
(1)applies and programs to which paragraph
(4)applies) by multiplying the ratio determined under paragraph
(3)by the sums authorized to be appropriated for such program for such fiscal year; and ####
(6)distribute the obligation authority provided by subsection
(a)less the aggregate amounts not distributed under paragraphs
(1)and
(2)and amounts distributed under paragraphs
(4)and
(5)for Federal-aid highway and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $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)sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to #####
(B)the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year. ###
(d)Redistribution of Unused Obligation Authority Notwithstanding subsection (c), the Secretary shall after August 1 of each of fiscal years 1998 through 2003 revise a distribution of the obligation authority made available under subsection
(c)if a State will not obligate the amount distributed 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 104 and 144 of title 23, United States Code, under section 160 of title 23, United States Code (as in effect on the day before the date of enactment of this Act), and under section 1015 of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1943–1945). ###
(e)Applicability of Obligation Limitations to Transportation Research Programs Obligation limitations imposed by subsection
(a)shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, and under title V of this Act; except that obligation authority made available for such programs under such limitations shall remain available for a period of 3 fiscal years. ###
(f)Redistribution of Certain Authorized Funds Not later than 30 days after the date of the distribution of obligation authority under subsection
(c)for each of fiscal years 1998 through 2003, the Secretary shall distribute to the States any funds
(1)that are authorized to be appropriated for such fiscal year for Federal-aid highway programs and for carrying out subchapter I of chapter 311 of title 49, United States Code, and chapter 4 of title 23, United States Code, and
(2)that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (c)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code. ###
(g)Special Rule Obligation authority distributed for a fiscal year under subsection (c)(4) for a section set forth in subsection (c)(4) shall remain available until used for obligation of funds for such section and shall 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)Increase in Obligation Limit Limitations on obligations imposed by subsection
(a)for a fiscal year shall be increased by an amount 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)) for such fiscal year. Any such increase shall be distributed in accordance with this section. ###
(i)Limitations on Obligations for Administrative Expenses Notwithstanding any other provision of law, the total amount of all obligations under section 104(a) of title 23, United States Code, shall not exceed— ####
(1)$320,000,000 for fiscal year 1998; ####
(2)$350,000,000 for fiscal year 1999; ####
(3)$370,000,000 for fiscal year 2000; ####
(4)$390,000,000 for fiscal year 2001; ####
(5)$410,000,000 for fiscal year 2002; and ####
(6)$430,000,000 for fiscal year 2003. ###
(j)Reduction in Obligation Ceiling The limitation on obligations imposed by subsection
(a)for each of fiscal years 2001 through 2003 shall be reduced by $65,000,000.
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- 105 Stat. 1943
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