Sec. 1414. Reserve fund

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Notwithstanding funding, authorizations of appropriations, and contract authority described in sections 1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including the amendments made by such sections, sections 125 and 147 of title 23, United States Code, and section 5338(a) of title 49, United States Code, no funding, authorization of appropriations, and contract authority described in those sections for fiscal years 2019 through 2021 shall exist unless and only to the extent that a subsequent Act of Congress causes additional monies to be deposited in the Highway Trust Fund. The limitation on funds provided in paragraph

(1)shall not apply to— administrative expenses of the Federal Highway Administration under sections 104(a) and 608(a)(6) of title 23, United States Code; administrative expenses of the National Highway Traffic Safety Administration under section 4001(a)(6) of this Act; administrative expenses of the Federal Motor Carrier Safety Administration under section 5103 of this Act; and administrative expenses of the Federal Transit Administration under section 5338(h) of title 49, United States Code. Chapter 1 of title 23, United States Code, is amended by inserting after section 104 the following: The President shall include in each of the fiscal year 2017 through 2021 budget submissions to Congress under section 1105(a) of title 31, for each of the Highway Account and the Mass Transit Account, a calculation of the difference between— the actual level of monies deposited in that account for the most recently completed fiscal year; and the estimated level of receipts for that account for the most recently completed fiscal year, as specified in paragraph (2). The estimated level of receipts specified in this paragraph are— for the Highway Account— for fiscal year 2015, $35,740,259,248; for fiscal year 2016, $35,498,000,000; for fiscal year 2017, $35,879,000,000; for fiscal year 2018, $36,084,000,000; and for fiscal year 2019, $36,117,000,000; and for the Mass Transit Account— for fiscal year 2015, $5,048,527,972; for fiscal year 2016, $5,020,000,000; for fiscal year 2017, $5,024,000,000; for fiscal year 2018, $5,011,000,000; and for fiscal year 2019, $4,981,000,000. For purposes of paragraph (1)(A), the term actual level of monies deposited in that account shall not include funding of the Highway Trust Fund provided by section 2002 of Public Law 114–41 . If the difference determined in a budget submission under subsection

(a)for a fiscal year for the Highway Account or the Mass Transit Account is greater than zero, the Secretary shall on October 1 of the budget year of that submission— make available for programs authorized from such account for the budget year a total amount equal to— the amount otherwise authorized to be appropriated for such programs for such budget year; plus an amount equal to such difference; and distribute the additional amount under subparagraph (A)(ii) to each of such programs in accordance with subsection (c). If the difference determined in a budget submission under subsection

(a)for a fiscal year for the Highway Account or the Mass Transit Account is less than zero, the Secretary shall on October 1 of the budget year of that submission— make available for programs authorized from such account for the budget year a total amount equal to— the amount otherwise authorized to be appropriated for such programs for such budget year; minus an amount equal to such difference; and apply the total adjustment under subparagraph (A)(ii) to each of such programs in accordance with subsection (c). In making an adjustment for the Highway Account or the Mass Transit Account for a budget year under subsection (b), the Secretary shall— determine the ratio that— the amount authorized to be appropriated for a program from the account for the budget year; bears to the total amount authorized to be appropriated for such budget year for all programs under such account; multiply the ratio determined under subparagraph

(A)by the applicable difference calculated under subsection (a); and adjust the amount that the Secretary would otherwise have allocated for the program for such budget year by the amount calculated under subparagraph (B). For a program for which funds are distributed by formula, the Secretary shall add or subtract the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula. Adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted. The Secretary shall exclude the emergency relief program under section 125 and covered administrative expenses from— an adjustment of funding under subsection (c)(1); and any calculation under subsection

(b)or

(c)related to such an adjustment. There is authorized to be appropriated from the appropriate account or accounts of the Highway Trust Fund an amount equal to the amounts calculated under subsection

(a)for each of fiscal years 2017 through 2021. If the Secretary makes an adjustment under subsection

(b)for a fiscal year to an amount subject to a limitation on obligations imposed by section 1102 or 3017 of the Surface Transportation Reauthorization and Reform Act of 2015— such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and the Secretary shall distribute such limitation on obligations, as revised under subparagraph (A), in accordance with such sections. The Secretary shall exclude covered administrative expenses from— any calculation relating to a revision of a limitation on obligations under paragraph (1)(A); and any distribution of a revised limitation on obligations under paragraph (1)(B). In this section, the following definitions apply: The term budget year means the fiscal year for which a budget submission referenced in subsection (a)(1) is submitted. The term covered administrative expenses means the administrative expenses of— the Federal Highway Administration, as authorized under section 104(a); the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the Surface Transportation Reauthorization and Reform Act of 2015; and the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49. The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account. The term Mass Transit Account means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986. . The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 104 the following: 105. Adjustments to contract authority. .

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Pub. L. 114-41

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Sec. 1414

Reserve fund

Pub. L.Pub. L. 114-41

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