S. 3786 — Balance the Highway Trust Fund Act

This section limits obligations for Federal-aid highway and highway safety construction programs in each fiscal year to the net highway receipts most recently estimated by the Secretary of the Treasury. The section directs the Secretary of Transportation to distribute such obligation authority by (1) excluding amounts for administrative expenses, programs under 23 U.S.C. §104(a), and the Bureau of Transportation Statistics; (2) excluding unobligated balances from prior-year funds allocated or apportioned under 23 U.S.C. §§202 (tribal transportation program) or 204 (territorial highway program); (3) determining a proportional share based on authorizations net of such exclusions; (4) applying that proportion to authorizations for other allocated or apportioned programs; and (5) applying the remainder proportionally to other state-apportioned programs. The section further requires mid-year redistribution of unused authority (after August 1) to states with large unobligated balances; applies the limitation to transportation research programs under 23 U.S.C. chapter 5 (with four-year availability); and directs distribution of certain otherwise unallocable authorized funds (excluding 23 U.S.C. §202) to states proportionally for purposes under 23 U.S.C. §133(b).

This section establishes an obligation limitation under new 49 U.S.C. §5338(f) for public transportation grants funded from the Mass Transit Account of the Highway Trust Fund. Total obligations from amounts made available by §5338(a)—which authorizes $13.355 billion for FY2022, $13.634 billion for FY2023, $13.990 billion for FY2024, $14.279 billion for FY2025, and $14.642 billion for FY2026 to carry out Federal Transit Administration (FTA) programs including metropolitan planning (sec. 5305), urbanized area formula grants (sec. 5307), and enhanced mobility for seniors and individuals with disabilities (sec. 5310)—and any other provision of law may not exceed the net mass transit receipts for the fiscal year, as most recently estimated by the Secretary of the Treasury under 26 U.S.C. §9503(e)(4). (Thus, available funding for FTA grants is capped at actual Highway Trust Fund receipts credited to the Mass Transit Account.)