About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (September 13, 2021)

handle is hein.crs/goveems0001 and id is 1 raw text is: Congressional                                                     ____
Research Service
informing the legist ive diebate since 1914____________________
Approaching Shortfall Could Limit
Highway Payments to the States
September 13, 2021
The impact of the Coronavirus Disease 2019 (COVID-19) pandemic on highway tax revenues is leading
the Federal Highway Administration (FHWA) to alter procedures for reimbursing the states for highway
construction expenditures. If the new procedures take effect, most states could experience both delays and
reductions in the federal reimbursements they receive for highway work they have completed. Unless
Congress acts to provide more money before then, FHWA could reduce payments to the states as early as
October 12, 2021.
Almost all the funding to support the Federal-Aid Highway Program comes from the highway account of
the Highway Trust Fund (HTF). HTF revenue derives mainly from taxation of motor vehicle gasoline and
diesel. Since the early 2000s, revenue from these sources has been less than outlays from the HTF.
Consequently, Congress has periodically transferred money to the HTF, mostly from the Treasury general
fund. Upon passage of the last authorization extension, the expectation was that such transfers would be
sufficient to keep the HTF solvent into the summer of FY2022.
However, in part because of the impact of the COVID-19 pandemic on motor fuel tax revenues, FHWA
now anticipates the highway account will run out of money in November if new cash management
procedures are not implemented first. On August 26, 2021, FHWA released a guidance memorandum
outlining the procedures it intends to put in place. The procedures would apply only to the highway
account, not to the separate mass transit account within the HTF, which does not face a near-term
shortfall.
Federal highway programs operate on a reimbursable basis: a state government expends the money as
approved by federal officials, and then applies for the federal payment. Reimbursement normally occurs
within 24 hours of the request via electronic funds transfer. However, the Anti-Deficiency Act prohibits
the HTF from having a negative balance. To avoid this problem, when the balance in the highway account
approaches $4 billion, which FHWA considers the minimum working balance, FHWA must implement
some way of reducing or slowing payments. This means that states may have to wait for full
reimbursement of funds they have already expended.
Congressional Research Service
https://crsreports.congress.gov
IN11747
CRS INSIGHT
Prepared for Members and

Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most