PolicyBrief
S. 3786
119th CongressFeb 5th 2026
Balance the Highway Trust Fund Act
IN COMMITTEE

This bill establishes annual obligation limits for federal-aid highway and mass transit programs based on projected Highway Trust Fund receipts, effective October 1, 2027.

Mike Lee
R

Mike Lee

Senator

UT

LEGISLATION

Highway Trust Fund Act Ties Federal Road and Transit Spending to Actual Tax Revenue Starting in 2027.

The federal government is looking to put its transportation budget on a strict diet. The Balance the Highway Trust Fund Act creates a hard cap on federal spending for highways, safety programs, and mass transit, ensuring that the amount of money going out doesn't exceed the tax dollars coming in. Starting October 1, 2027, the Secretary of the Treasury will estimate how much gas tax and other transit-related revenue is expected for the year, and that number becomes the absolute ceiling for new project commitments. It’s essentially a 'pay-as-you-go' rule for the nation’s infrastructure, moving away from the practice of authorized spending levels that sometimes outpace actual trust fund receipts.

The New Infrastructure Math

Under this bill, the Department of Transportation (DOT) has to follow a specific sequence to hand out the cash. First, they set aside money for administrative costs and the Bureau of Transportation Statistics. Then, they calculate a 'national proportion' by comparing the total available tax revenue to the amount of work originally authorized by Congress. This means if you’re a contractor working on a bridge or a state planner mapping out a new highway exit, your funding is now directly tied to the volatility of tax collections. If people drive less or switch to electric vehicles faster than expected—leading to lower gas tax revenue—the DOT will have to scale back the 'obligation authority' given to states across the board. Section 2(b) ensures that the remaining funds are distributed to states based on their share of the total authorized programs, keeping the distribution proportional even when the pie gets smaller.

Use It or Lose It (to Someone Else)

The bill also includes a 'August Redistribution' rule that acts like a pressure valve for project funding. If a state realizes by August 1 that it can’t actually spend the money it was allocated for that year—perhaps due to permitting delays or labor shortages—the Secretary of Transportation will claw that authority back. This unused money is then fast-tracked to states that are ready to break ground immediately. For a commuter in a state with a backlog of shovel-ready projects, this could be a win, as your local DOT might snag extra funding from a neighbor who couldn't get their act together. Conversely, for states struggling with complex project timelines, this creates a 'use it or lose it' environment that could favor simpler paving projects over long-term, complex infrastructure overhauls.

Transit on a Tight Budget

Mass transit isn't exempt from these new fiscal guardrails. Section 3 specifically targets the Mass Transit Account, applying the same revenue-based limit to buses, subways, and light rail. For city dwellers who rely on public transportation, this means that major expansions or fleet upgrades are now strictly limited by transit tax receipts. If you’re a software engineer in a tech hub or a service worker relying on the night bus, the reliability of your commute could eventually hinge on these annual Treasury estimates. While the bill aims to prevent the Highway Trust Fund from running dry, the trade-off is a potential lack of flexibility; if a major transit system needs an emergency infusion for repairs, this law would prevent spending beyond the year's estimated tax intake, regardless of what other laws might authorize.