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23 U.S.C. § 104

Apportionment

United States · Title 23 — HIGHWAYS · Status: effective

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23 U.S.C. § 104, Apportionment, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/458994
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Full text

There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— The amounts authorized to be appropriated by this subsection shall be used— The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 as follows: The total amount for the congestion mitigation and air quality improvement program for all States shall be— For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that— The total amount set aside for the national highway freight program for all States shall be— For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that— The total amount for metropolitan planning for all States shall be— For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that— For fiscal year 2022 and each fiscal year thereafter, the amount for each State shall be determined as follows: The initial amounts for each State shall be determined by multiplying— the share for each State, which shall be equal to the proportion that— The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is— equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that— The Secretary shall— On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes— the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to— On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing— the type of improvement being made, such as categorizing the project as— whether the project is located in an area of the State with a population of—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-87(S. 502)1973-08-13
    An Act to authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-280(H.R. 8235)1976-05-05
    A bill to authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-599(H.R. 11733)1978-11-06
    Surface Transportation Assistance Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-134(H.R. 3210)1981-12-29
    Federal-Aid Highway Act of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-17(H.R. 2)1987-04-02
    Surface Transportation and Uniform Relocation Assistance Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-202(H.J.Res. 395)1987-12-22
    A joint resolution making further continuing appropriations for the fiscal year 1988, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-516(H.R. 5229)1990-11-05
    Department of Transportation and Related Agencies Appropriations Act, 1991
    House: 393–17Senate: no recorded tally
  • Amended byPub. L. 102-143(H.R. 2942)1991-10-28
    Department of Transportation and Related Agencies Appropriations Act, 1992
  • Amended byPub. L. 102-240(H.R. 2950)1991-12-18
    Intermodal Surface Transportation Efficiency Act of 1991
  • Amended byPub. L. 104-59(S. 440)1995-11-28
    National Highway System Designation Act of 1995
    House: no recorded tallySenate: 80–16
  • Amended byPub. L. 105-130(S. 1519)1997-12-01
    Surface Transportation Extension Act of 1997
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-178(H.R. 2400)1998-06-09
    Transportation Equity Act for the 21st Century
  • Amended byPub. L. 105-206(H.R. 2676)1998-07-22
    Internal Revenue Service Restructuring and Reform Act of 1998
  • Amended byPub. L. 106-159(H.R. 3419)1999-12-09
    Motor Carrier Safety Improvement Act of 1999
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 108-178(H.R. 1437)2003-12-15
    To improve the United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 109-59(H.R. 3)2005-08-10
    SAFETEA-LU
  • Amended byPub. L. 110-244(H.R. 1195)2008-06-06
    SAFETEA-LU Technical Corrections Act of 2008
    House: no recorded tallySenate: 88–2
  • Amended byPub. L. 112-141(H.R. 4348)2012-07-06
    MAP-21
  • Amended byPub. L. 114-94(H.R. 22)2015-12-04
    FAST Act
  • Amended byPub. L. 117-58(H.R. 3684)2021-11-15
    Infrastructure Investment and Jobs Act