Pub. L. 109-59, tit. I, subtit. A, sec. 1105
REVENUE ALIGNED BUDGET AUTHORITY.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.(a) Allocation.—Section 110(a)(1) of title 23, United States Code, is amended—(1) by striking “2000” and inserting “2007”;(2) by inserting after “such fiscal year” the first place it appears: “and the succeeding fiscal year”.(b) Reduction.—Section 110(a)(2) of such title is amended—(1) by striking “2000” and inserting “2007”;(2) by striking “October 1 of the succeeding” and inserting “October 15 of such”; (3) by inserting after “Account)” the following: “for such fiscal year and the succeeding fiscal year”; and(4) by adding at the end the following: “No reduction under this paragraph and no reduction under section 1102(h), and no reduction under title VIII or any amendment made by title VIII, of the SAFETEA–LU shall be made for a fiscal year if, as of October 1 of such fiscal year the balance in 119 STAT. 1166 the Highway Trust Fund (other than the Mass Transit Account) exceeds $6,000,000,000.”.(c) General Distribution.—Section 110(b)(1)(A) of such title is amended—(1) by striking “minimum guarantee” and inserting “equity bonus”; and (2) by striking “Transportation Equity Act for the 21st Century” and inserting “SAFETEA–LU”.(d) Addition of Highway Safety Improvement Program.—Section 110(c) of such title is amended by inserting “the highway safety improvement program,” after “the surface transportation program,”. (e) Technical Amendment.—Section 110(b)(1)(A) of such title is amended by striking “for” the second place it appears.(f) Special Rule.—If the amount available pursuant to section 110 of title 23, United States Code, for fiscal year 2007 is greater than zero, the Secretary shall—(1) determine the total amount necessary to increase each State’s rate of return (as determined under section 105(b)(1)(A) of title 23, United States Code) to 92 percent, excluding amounts provided under this paragraph;(2) allocate to each State the lesser of—(A) the amount computed for that State under paragraph (1); or(B) an amount determined by multiplying the total amount calculated under section 110 of title 23, United States Code, for fiscal year 2007 by the ratio that—(i) the amount determined for such State under paragraph (1); bears to(ii) the total amount computed for all States in paragraph (1); and(3) allocate amounts remaining in excess of the amounts allocated in paragraph (2) to all States in accordance with section 110 of title 23, United States Code.