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     - -  1Congressional
           A   Research Service






FY2020 Funding for Transit Could Be

Decreased Due to Highway Trust Fund Law



April  12,  2019

Unless legislative action is taken, formula funding for the federal transit program could be decreased by
approximately $1 billion in FY2020, roughly 12% from the amount authorized in the Fixing America's
Surface Transportation (FAST) Act (P.L. 114-94). This could lead to reductions in federal grants to local
transit agencies for purchases of new buses, railcars, and other facilities, the upkeep of existing facilities,
and, in the case of many smaller systems, for operating expenses. In a typical year, almost 80% of federal
transit funding is distributed by formula.
The potential funding decrease is due to provisions in the Highway Trust Fund (HTF) law codified at 26
U.S.C. §9503(d) and 26 U.S.C. §9503(e)(4), the original purpose of which was to ensure that programs
funded by the trust fund are sufficiently supported by its revenues. The HTF receives money mainly from
federal taxes on motor fuels and trucks; about 87% of its revenues flow into a highway account, while
13%  are dedicated to the mass transit account. The law mandates quarterly reviews of the financial
position of the highway account, commonly known as the Byrd Test, and the mass transit account,
commonly  known as the Rostenkowski Test.
The tests require the Secretaries of the Treasury and Transportation to monitor the amount of unfunded
authorizations at the end of the next fiscal year, in this case FY2020, against estimated receipts of the
following four fiscal years (FY2021 through FY2024). If these estimated receipts are less than the
unfunded authorizations in either account, the Secretary of Transportation must reduce apportionments
associated with the relevant account by the unfunded amount. The same percentage reduction is applied
equally across all the programs affected. In the case of the mass transit account, the largest affected
programs are the Urbanized Area Formula Program, State of Good Repair Grants, Bus and Bus Facilities
Formula Grants, Formula Grants for Rural Areas, and the Enhanced Mobility of Seniors and Individuals
with Disabilities Program.
In its March 2019 Bulletin, the Treasury Department reports that the unfunded authorizations (obligated
and unobligated contract authority minus the cash balance) in the mass transit account at the end of
FY2020  will be $27 billion, and the four year receipts (FY2021 through FY2024) will be $26 billion. This
approximately negative $1 billion difference is roughly 12% of mass transit account contract authority to
be apportioned in FY2020. The calculation in the highway account for the same period was positive $74
billion.

                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN11099

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