Balance the Highway Trust Fund Act
Bill: S.2802 | Sponsor: Sen. Lee, Mike (R-UT)
Policy area: Transportation and Public Works

Summary:
Balance the Highway Trust Fund Act
This bill prohibits the Department of Transportation from obligating more funding from the Highway Trust Fund and the Mass Transit Account for federal-aid highway and highway safety construction projects and mass transit activities than the fund receives in tax revenue.

To limit spending from the Highway Trust Fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balance the Highway Trust Fund 
Act''.

SEC. 2. OBLIGATION LIMITATION.

    (a) General Limitation.--Subject to subsection (d) and 
notwithstanding any other provision of law, for each fiscal year, the 
obligations for Federal-aid highway and highway safety construction 
programs shall not exceed the net highway receipts most recently 
estimated by the Secretary of the Treasury for that fiscal year under 
section 9503(d)(1)(B) of the Internal Revenue Code of 1986.
    (b) Distribution of Obligation Authority.--For each fiscal year, 
the Secretary of Transportation (referred to in this section as 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; and
                    (B) amounts authorized for 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--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); 
                and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion 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) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs, less the aggregate of the 
                amounts not distributed under paragraphs (1) and (2) of 
                this subsection;
            (4) 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 (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under section 202 
        or 204 of that title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) 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 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned under sections 202 and 204 of title 23, United 
        States Code) in the proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (b), the Secretary shall, after August 1 of each fiscal 
year--
            (1) revise a distribution of the obligation authority made 
        available under subsection (b) 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 
        144 (as in effect on the day before the date of enactment of 
        MAP-21 (Public Law 112-141)) and 104 of title 23, United States 
        Code.
    (d) 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 chapter 5 of title 23, United States Code.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 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.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (b) for 
        each fiscal year, the Secretary shall distribute to the States 
        any funds (excluding funds authorized for the program under 
        section 202 of title 23, United States Code) 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 (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (b)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 3. OBLIGATION LIMITATION.

    Section 5338 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Obligation Limitation.--Notwithstanding subsection (a) or any 
other provision of law, for each fiscal year, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) and any other provision of 
law shall not exceed the net mass transit receipts most recently 
estimated for that fiscal year by the Secretary of the Treasury under 
section 9503(e)(4) of the Internal Revenue Code of 1986.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect October 1, 
2021.
                                 <all>