(G) Titles I, II, III, IV, V, and VI of the 
Intermodal Surface Transportation Efficiency 
Act of 1991 (Public Law 102–240; 105 Stat. 
1914). 
(H) Title 23, United States Code. 
(I) Sections 116, 117, 330, 5128, 5505, 
and 24905 and chapters 53, 139, 303, 311, 
313, 701, and 702 of title 49, United States 
Code. 
(J) Division B of the Continuing Appro-
priations Act, 2021 and Other Extensions Act 
(Public Law 116–159; 134 Stat. 725). 
(2) EXTENSION END DATE.—The term ‘‘exten-
sion end date’’ means October 31, 2021. 
(3) EXTENSION FRACTION.—The term ‘‘exten-
sion fraction’’ means the quotient, expressed as a 
fraction, obtained by dividing— 
(A) the number of days in the extension 
period; by 
(B) 365. 
(4) EXTENSION PERIOD.—The term ‘‘extension 
period’’ means the period that begins on October 1, 
2021, and ends on the extension end date.
(5) HIGHWAY ACCOUNT.—The term ‘‘Highway 
Account’’ means the portion of the Highway Trust 
Fund that is not the Mass Transit Account. 
(6) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 
Transit Account’’ means the portion of the Highway 
Trust Fund established under section 9503(e)(1) of 
the Internal Revenue Code of 1986. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(8) STATE.—The term ‘‘State’’ means the 50 
States and the District of Columbia. 
TITLE I—SURFACE 
TRANSPORTATION PROGRAMS 
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
TATION PROGRAMS. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, the requirements, authorities, conditions, eligi-
bilities, limitations, and other provisions authorized under 
the covered laws, which would otherwise expire on or cease 
to apply after September 30, 2021, are incorporated by 
reference and shall continue in effect through the exten-
sion end date. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) HIGHWAY TRUST FUND.—
(A) HIGHWAY ACCOUNT.—There is author-
ized to be appropriated from the Highway Ac-
count for fiscal year 2022, for each program 
with respect to which amounts are authorized 
to be appropriated from such account for fiscal 
year 2021, an amount equal to the extension 
fraction of the amount authorized for appro-
priation with respect to the program from such 
account under the covered laws for fiscal year 
2021. 
(B) MASS
TRANSIT
ACCOUNT.—There is 
authorized to be appropriated from the Mass 
Transit Account for fiscal year 2022, for each 
program with respect to which amounts are au-
thorized to be appropriated from such account 
for fiscal year 2021, an amount equal to the ex-
tension fraction of the amount authorized for 
appropriation with respect to the program from 
such account under the covered laws for fiscal 
year 2021. 
(2) GENERAL FUND.—There is authorized to be 
appropriated for fiscal year 2022, for each program 
under the covered laws with respect to which 
amounts are authorized to be appropriated for fiscal 
year 2021 from an account other than the Highway
Account or the Mass Transit Account, an amount 
that is not less than the extension fraction of the 
amount authorized for appropriation with respect to 
the program under the covered laws for fiscal year 
2021. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Except as described in para-
graph (2), amounts authorized to be appropriated 
for fiscal year 2022 with respect to a program under 
subsection (b) shall be distributed, administered, 
limited, and made available for obligation in the 
same manner as amounts authorized to be appro-
priated with respect to the program for fiscal year 
2021 under the covered laws. 
(2) APPORTIONMENT TO STATES.— 
(A) IN
GENERAL.—Notwithstanding sub-
sections (c)(2) or (e)(1) of section 104 of title 
23, United States Code, the Secretary— 
(i) shall not apportion on October 1, 
2021, amounts authorized to be appro-
priated for fiscal year 2022 under sub-
section (b)(1)(A) with a respect to a pro-
gram described in subparagraph (B); and 
(ii) shall not apportion such amounts 
before October 15, 2021.
(B) PROGRAMS
DESCRIBED.—A program 
referred to in subparagraph (A)(i) is a pro-
gram— 
(i) for which amounts are authorized 
to 
be 
appropriated 
under 
subsection 
(b)(1)(A); and 
(ii) under which amounts described in 
clause (i) will be apportioned to States as 
described in section 104 of title 23, United 
States Code. 
(C) 
NOTICE
TO
STATES.—Section 
104(e)(2) of title 23, United States Code, shall 
not apply for fiscal year 2022. 
(d) OBLIGATION LIMITATION.— 
(1) IN GENERAL.—Subject to paragraph (2), a 
program for which amounts are authorized to be ap-
propriated under subsection (b)(1) shall be subject 
to a limitation on obligations for fiscal year 2022 in 
an amount equal to the extension fraction of the lim-
itation on obligations for the program for fiscal year 
2021 and in the same manner as the limitation ap-
plicable with respect to the program for fiscal year 
2021. 
(2) FEDERAL-AID HIGHWAYS.—
program’’ means a program for Federal-aid 
highways that is— 
(i) allocated by the Secretary under— 
(I) title 23, United States Code; 
(II) subsection (c)(1); or 
(III) H.R. 3684 (117th Con-
gress), if enacted; or 
(ii) apportioned by the Secretary 
under section 202 or 204 of title 23, 
United States Code. 
SEC. 102. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
WAY PROJECTS. 
During the extension period, until H.R. 3684 (117th 
Congress) is enacted, the matter preceding clause (i) in 
section 117(d)(2)(A) of title 23, United States Code, shall 
be applied— 
(1) 
by 
substituting 
‘‘$700,000,000’’ 
for 
‘‘$600,000,000’’; and 
(2) by substituting ‘‘2022’’ for ‘‘2021’’. 
SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT. 
During the extension period, until H.R. 3684 (117th 
Congress) is enacted, section 403(h)(2) of title 23, United 
States Code, shall be applied— 
(1) by substituting ‘‘2022’’ for ‘‘2021’’; and
(2) 
by 
substituting 
‘‘$31,872,000’’ 
for 
‘‘$26,560,000’’. 
SEC. 104. RAIL-RELATED PROVISIONS. 
During the extension period, until H.R. 3684 (117th 
Congress) is enacted, section 502(b)(3) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 822(b)(3)) shall be applied by substituting the ex-
tension end date for ‘‘September 30, 2021’’. 
SEC. 105. PROHIBITION ON USE OF FUNDS. 
None of the funds authorized in this Act or any other 
Act may be used to adjust apportionments for the Mass 
Transit Account or withhold funds from apportionments 
for the Mass Transit Account pursuant to section 
9503(e)(4) of the Internal Revenue Code of 1986 in fiscal 
year 2022. 
SEC. 106. APPALACHIAN REGIONAL COMMISSION. 
During the extension period, until H.R. 3684 (117th 
Congress) is enacted— 
(1) section 14703 of title 40, United States 
Code, shall be applied— 
(A) in subsection (a)(5), by substituting 
‘‘2022’’ for ‘‘2021’’; and 
(B) in subsection (c), by substituting 
‘‘2022’’ for ‘‘2021’’; and
(2) section 14704 of title 40, United States 
Code, shall be applied by substituting ‘‘2022’’ for 
‘‘2021’’. 
SEC. 107. SPORT FISHING. 
During the extension period, until H.R. 3684 (117th 
Congress) is enacted, section 4 of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c) shall be ap-
plied by substituting— 
(1) ‘‘fiscal year 2022’’ for ‘‘fiscal year 2021’’ in 
subsections (a) and (b)(1)(A); and 
(2) ‘‘fiscal years 2016 through 2022’’ for ‘‘fis-
cal years 2016 through 2021’’ in subsection 
(b)(2)(A). 
SEC. 
108. 
FEDERAL 
EMPLOYEE 
COMPENSATION 
FOL-
LOWING HIGHWAY TRUST FUND EXPIRATION. 
(a) IN GENERAL.—Each employee of the United 
States Government furloughed as a result of a covered 
lapse in Highway Trust Fund expenditure authority shall 
be paid for the period of the covered lapse, and each ex-
cepted employee who is required to perform work during 
a covered lapse shall be paid for such work, at the employ-
ee’s standard rate of pay, at the earliest date possible after 
the covered lapse ends, regardless of scheduled pay dates, 
and subject to availability of funds.
(b) COVERED LAPSE.—In this section, the term ‘‘cov-
ered lapse in Highway Trust Fund expenditure authority’’ 
means any lapse in authority to make expenditures from 
the Highway Trust Fund that begins on October 1, 2021 
and ends on or before the date of enactment of this Act. 
TITLE II—TRUST FUNDS 
SEC. 201. EXTENSION OF EXPENDITURE AUTHORITY FOR 
HIGHWAY TRUST FUND, SPORT FISH RES-
TORATION AND BOATING TRUST FUND, AND 
LEAKING 
UNDERGROUND 
STORAGE 
TANK 
TRUST FUND. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the 
Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘October 1, 2021’’ in sub-
sections (b)(6)(B), (c)(1), and (e)(3) and inserting 
‘‘November 1, 2021’’, and 
(2) by striking ‘‘Continuing Appropriations Act, 
2021 and Other Extensions Act’’ in subsections 
(c)(1) and (e)(3) and inserting ‘‘Surface Transpor-
tation Extension Act of 2021’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of such Code is amended— 
(1) by striking ‘‘Continuing Appropriations Act, 
2021 and Other Extensions Act’’ each place it ap-
pears in subsection (b)(2) and inserting ‘‘Surface 
Transportation Extension Act of 2021’’, and 
(2) by striking ‘‘October 1, 2021’’ in subsection 
(d)(2) and inserting ‘‘November 1, 2021’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Section 9508(e)(2) of such Code is amended by 
striking ‘‘October 1, 2021’’ and inserting ‘‘November 1, 
2021’’. 
(d) SPECIAL RULE
FOR EXECUTION
OF AMEND-
MENTS.—On the date of enactment of H.R. 3684 (117th 
Congress)— 
(1) this section and the amendments made by 
this section shall cease to be effective; 
(2) the text of the laws amended by this section 
shall revert back so as to read as the text read on 
the day before the date of enactment of this section; 
and 
(3) the amendments made by H.R. 3684 (117th 
Congress) shall be executed as if this section had not 
been enacted.
TITLE III—REPLACEMENT 
AUTHORIZATION 
SEC. 301. RESCISSION OF DUPLICATIVE CONTRACT AU-
THORITY. 
(a) IN GENERAL.—Upon enactment of H.R. 3684 
(117th Congress), subject to subsections (c) and (d), for 
each program described in subsection (b), there is perma-
nently rescinded an amount of contract authority equal 
to the contract authority made available for that program 
under section 101. 
(b) PROGRAMS DESCRIBED.—A program referred to 
in subsection (a) is a program for which contract authority 
was made available for fiscal year 2022 under both section 
101 and H.R. 3684 (117th Congress). 
(c) IMPLEMENTATION.— 
(1) APPLICATION OF RESCISSION AMONG CER-
TAIN PROGRAMS.—The amount of contract authority 
rescinded under subsection (a) shall be applied 
among States for apportioned programs in the same 
amounts that contract authority would be appor-
tioned to such States and distributed for such ap-
portioned programs under section 101. 
(2) SUBSTANTIALLY SIMILAR AND SUCCESSOR 
PROGRAMS.—The Secretary may implement sub-
section (a) in a manner that, as determined appro-
priate by the Secretary, accommodates a cir-
cumstance in which— 
(A) section 101 makes available contract 
authority for fiscal year 2022 for a program; 
and 
(B) H.R. 3684 (117th Congress) makes 
available contract authority for fiscal year 2022 
for a program that is, in the judgment of the 
Secretary, substantially similar or a successor 
to the program referred to in subparagraph 
(A). 
(d) DEADLINE.—The Secretary shall implement the 
rescission under subsection (a) not later than September 
30, 2022. 
(e) APPORTIONMENT EXCEPTION.—Notwithstanding 
subsection (c)(2) or (e)(1) of section 104 of title 23, 
United States Code, or section 101(c)(2), the Secretary 
shall not be required to apportion any amounts of contract 
authority that are rescinded pursuant to this section.
SEC. 302. PRIOR ENACTED AUTHORIZATION. 
If H.R. 3684 (117th Congress) is enacted before the 
date of enactment of this Act, this Act shall not take effect 
and the provisions of this Act shall not be executed. 
Passed the House of Representatives October 1 (leg-
islative day September 30), 2021. 
Attest: 
Clerk.
117TH CONGRESS 
1ST SESSION 
H. R. 5434 
AN ACT 
To provide an extension of Federal-aid highway, 
highway safety, and transit programs, and for 
other purposes.