[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5880-S5881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2560. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 11102 and insert the following:

     SEC. 11102. 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--
       (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

[[Page S5881]]

     under this division and title 23, United States Code, or 
     apportioned by the Secretary under sections 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.
       At the end of division C, add the following:

     SEC. 3____. OBLIGATION LIMITATION.

       Section 5338 of title 49, United States Code (as amended by 
     section 30017), is amended by adding at the end the 
     following:
       ``(f) 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.''.
                                 ______