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1 1 (September 7, 2021)

handle is hein.crs/goveelr0001 and id is 1 raw text is: £Congressional ~.Research Service Furloughs Likely If Surface Transportation Appropriations and Authorizations Lapse on September 30 September 7, 2021 At midnight September 30, 2021, the law authorizing federal surface transportation programs, the Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), as extended, as well as the annual transportation appropriations provided in the Continuing Appropriations Act, 2021, and Other Extensions Act (P.L. 116-159), are set to expire. The House is considering the Senate-passed Bipartisan Infrastructure and Jobs Act (H.R. 3648), which would reauthorize surface transportation programs. The current state of the FY2022 appropriations process raises the prospect that Congress will consider a continuing resolution that would extend appropriations at current levels beyond September 30. Not reauthorizing surface transportation programs or an appropriations lapse could lead to shutdowns and furloughs, with a simultaneous lapse in both authorizations and appropriations having the greatest impact. How the two expirations would affect surface transportation programs depends on whether a program or activity is funded through the Highway Trust Fund (HTF) or with appropriated budget authority from the Treasury's general fund. The Anti-Deficiency Act (ADA; 31 U.S.C. §O1341) prohibits agencies from incurring obligations that are in advance of appropriations except in certain circumstances. This means that transportation programs and activities funded by general funds must be appropriated. In contrast, HTF funding is a form of budget authority that by law may be obligated prior to an appropriation, and is effectively an exception under the ADA. However, the authority to make payments from the HTF must be authorized, and that authorization expires September 30, 2021. If the authorizations are not extended or replaced, all HTF-funded personnel not needed to fulfill excepted activities under the ADA (such as life, safety, and the protection of property), or funded with appropriations, would be furloughed. Approximately 3,500 to 4,000 employees in the five Department of Transportation (DOT) surface transportation agencies discussed below would be affected. Under a lapse of annual appropriations, all appropriations-funded non-excepted programs and activities in the Department of Transportation would likely shut down. Roughly 900 to 1,000 non-excepted surface transportation program employees would likely be furloughed. Congressional Research Service https://crsreports.congress.gov IN11737 CRS INSIGHT Prepared for Members and Committees of Congress

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