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                                                                                          Updated  March 1, 2021

Reauthorizing Highway and Transit Funding Programs


Surface transportation reauthorization acts fund federal
highway and public transportation programs, along with
transportation research, intercity passenger rail, and other
programs. The five-year Fixing America's Surface
Transportation Act (FAST Act; P.L. 114-94) authorized
federal spending on highways and public transportation for
FY2016-FY2020.   A one-year FAST Act extension, through
September 30, 2021, was enacted as part of the Continuing
Appropriations Act, 2021, and other Extensions Act (P.L.
116-159). Infrastructure legislation could be considered in
conjunction with FAST Act reauthorization.

The  Federal-Aid  Highway   Program
The FAST  Act, as extended, provides an average of about
$45 billion annually for the 1,032,783-mile system of
federal-aid highways. Although there are exceptions,
federally funded projects are generally limited to this
system that includes roughly 25% of all U.S. public road
mileage. Of these funds, 92.5% are distributed to the states
via formula. The states have nearly complete control over
the use of these funds, within the limits of federal planning,
eligibility, and oversight rules. Money is not provided up
front. A state is reimbursed after work is started, costs are
incurred, and the state submits a voucher to the Federal
Highway  Administration (FHWA). The highway  program
focuses on highway construction and planning, and does
not support operations or routine maintenance. The federal
share of project costs is generally 80%, but 90% for
Interstate System projects. As part of COVID relief, the
Consolidated Appropriations Act, 2021 (P.L. 116-260)
provided an additional $10 billion from the general fund for
highways and state transportation departments.

The  Federal  Public Transportation  Program
The FAST  Act, as extended, authorizes an average of $12.3
billion annually for the federal public transportation
program. Most of this funding is distributed by formula to
local transit agencies. The largest discretionary program is
the Capital Investment Grants Program, more widely
known  as New Starts, which supports construction of
new local rail, bus rapid transit, and ferry systems, and the
expansion of existing systems. To date, during the COVID-
19 pandemic, the Federal Transit Administration (FTA) has
received $39 billion in pandemic related assistance.

Funding  Issues
Highway  Trust Fund.  Historically, all of the federal
highway program  and 80% of the public transportation
program have been funded with revenues from the Highway
Trust Fund (HTF). Revenues supporting the HTF come
from a combination of fuel, truck, and tire taxes, but the
fuel taxes provide about 85%-90% of the money.
The excise taxes on gasoline and diesel are fixed in terms of
cents per gallon (18.3 cents for gasoline and 24.3 cents for


diesel), and do not adjust for inflation or change with fuel
prices. The rates were last raised in 1993. Increases in fuel
consumption kept revenues growing until the recession that
began in 2007. Since that time, improving fuel efficiency
and slower growth in vehicle mileage have led revenue to
level off in most years, and spending from the HTF has
consistently outrun highway user revenues. Unable to agree
on revenue increases or program reductions, Congress
began providing transfers to the HTF to prevent its
insolvency. Since September 2008, Congress has provided
$158 billion to the HTF, mainly from the Treasury general
fund. This includes $83.6 billion of transfers authorized in
the FAST  Act as extended.
Short-term issues. The Congressional Budget Office
(CBO)  estimates that the HTF has sufficient balances to
cover expected outlays until summer 2022. Unless
Congress authorizes additional revenues or transfers by
then, the balance in the HTF could fall so low that the
Department of Transportation may have to delay payments
to states and transit agencies for work completed. In
addition, highway tax revenues have declined due to the
COVID-19   pandemic, as Americans have driven less.
Long-term  issues. More money will likely be needed if
Congress wishes to continue the highway and public
transportation programs at or above their current levels,
adjusted for inflation, in a future multiyear reauthorization.
CBO  projects the annual difference between revenues and
outlays to rise from $13 billion in FY2022 to $22 billion in
FY2027  (see Figure 1).

Figure  I. HTF Revenue  and Outlays ($ Billions)

              Actual (FY16-FY20) -- Projected (FY21-FY27)
  $708

  $60-                 Outlays

  $508
                       Revenues and Interest*



  $306 i       I   I   I   I
      FY16    FY18    FY20   FY22    FY24    FY26 FY27
                                  *Does not include transfers
Source: CBO, Highway Trust Fund Baseline-February 2021.

Based on current law, a future five-year reauthorization bill
would need to cover a projected $70 billion shortfall, and a
six-year bill would need to cover $92 billion.

What   Are Some   Options?
Continue  reliance on general funds. Congress could
choose to transfer money from the general fund to the HTF


ittps://crsreports.congress.gt

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