Pub. L. 100-17, tit. I, sec. 105

OBLIGATION CEILING.

EnactedYear: 1987Length: 960 wordsOfficial source
SEC. 105. OBLIGATION CEILING. (a) General Limitation.—Notwithstanding any other provision of law (other than subsection (f) of this section), the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed— (1) $12,350,000,000 for fiscal year 1987; (2) $12,350,000,000 for fiscal year 1988; (3) $12,350,000,000 for fiscal year 1989; (4) $12,350,000,000 for fiscal year 1990; and (5) $12,350,000,000 for fiscal year 1991. (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 157 of such title; (3) under section 320 of such title; 101 STAT. 143 (4) under section 147 of the Surface Transportation Assistance Act of 1978; (5) under section 9 of the Federal-Aid Highway Act of 1981; (6) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (7) under section 118 of the National Visitor Center Facilities Act of 1968; and (8) under section 404 of the Surface Transportation Assistance Act of 1982. Such limitations shall also not apply to obligations of funds made available by subsections (b) and (c) of section 149 of this Act. (c) Distribution of Obligation Authority.—For each of fiscal years 1987, 1988, 1989, 1990, and 1991 the Secretary shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (d) Limitation on Obligation Authority.—During the period October 1 through December 31 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, no State shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year. (e) Redistribution of Unused Obligation Authority.—Notwithstanding subsections (c) and (d), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, revise a distribution of the funds made available under subsection (c) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid Highway Act of 1981, have experienced substantial proportional reductions in their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses, studies under sections 159, 164, 165, and 167 of this Act, Federal lands highways programs, and the strategic highway research program and amounts made available under section 149(d) of this Act. (f) Additional Obligation Authority.— (1) In general.—Subject to paragraph (2), a State which after August 1 and on or before September 30 of fiscal year 1987, 1988, 1989, 1990, or 1991 obligates the amount distributed to 101 STAT. 144such State in such fiscal year under subsections (c) and (e) may obligate for Federal-aid highways and highway safety construction on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State— (A) under sections 104, 130, 144, and 152 of title 23, United States Code, and (B) for highway assistance projects under section 103(e)(4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed. (2) Limitation on additional obligation authority.—During the period August 2 through September 30 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, the aggregate amount which may be obligated by all States pursuant to paragraph (1) shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States— (A) under sections 104, 130, 144, and 152 of title 23, United States Code, and (B) for highway assistance projects under section 103(e)(4) of such title, which would not be obligated in such fiscal year if the total amount of obligational authority provided by subsection (a) for such fiscal year were utilized. (3) Limitation on applicability.—Paragraph (1) shall not apply to any State which on or after August 1 of fiscal year 1987, 1988, 1989, 1990, or 1991, as the case may be, has the amount distributed to such State under subsection (c) for such fiscal year reduced under subsection (e)(2). (g) Obligation Ceiling for Highway Safety Programs.—Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 per fiscal year for each of fiscal years 1987,1988, 1989, 1990, and 1991. (h) Conforming Amendment.—Section 157(b) of title 23, United States Code, is amended by striking out the period at the end of the last sentence and inserting in lieu thereof “and section 105(c) of the Federal-Aid Highway Act of 1987.”.
Pub. L. 100-17, tit. I, sec. 105: OBLIGATION CEILING. | Justis AI