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               Researh Sevice





Furloughs Likely If FAST Act and

Transportation Appropriations

Not Extended by September 30



September 21, 2020
On September 30, 2020, federal surface transportation programs face the expiration of both the
authorizations provided in the Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94) and
appropriations provided in the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). Acontinuing
resolution is currently under consideration in Congress to extend the FY2020 Appropriations Act. The
continuing resolution may be the legislative vehicle for extension of the FAST Act authorizations. Not
extending the FAST Act would have a larger impact in terms of surface transportation program shutdowns
and furloughs than an appropriations lapse. The largest impact on surface transportation programs would
result from a lapse in both authorization and appropriations simultaneously.
How the two expirations would affect 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-DeficiencyAct (ADA; 31 U.S.C. §1341 )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. HTF funds must be authorized, however, and that authorization
expires September 30, along with authorizations for various programs funded through the HTF.
If the FAST Act is 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 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 shut down. Roughly 900 to 1,000 non-excepted surface transportation program
employees would be furloughed.
If both a FAST Act extension and a continuing resolution are not enacted by September 30, 2020, all
surface transportation programs would shut down and all non-excepted employees would be furloughed.
The total number of employees furloughed would be in the range of 4,400 to 5,000.
                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   INI 1509

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