Title: Surface Transportation Extension Act 
Policy area: Transportation and Public Works

Summary:
Surface Transportation Extension Act of 2021
This bill extends and revises provisions related to federal-aid highway, transit, highway safety, rail, and other surface transportation programs of the Department of Transportation (DOT).
Among other provisions, the bill

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Engrossed in House (EH)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Extension Act 
of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered law.--The term ``covered law'' means any of the 
        following:
                    (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, 
                and XXIV of the FAST Act (Public Law 114-94; 129 Stat. 
                1312).
                    (B) Division A, division B, subtitle A of title I 
                and title II of division C, and division E of MAP-21 
                (Public Law 112-141; 126 Stat. 405).
                    (C) Titles I, II, and III of the SAFETEA-LU 
                Technical Corrections Act of 2008 (Public Law 110-244; 
                122 Stat. 1572).
                    (D) Titles I, II, III, IV, V, and VI of SAFETEA-LU 
                (Public Law 109-59; 119 Stat. 1144).
                    (E) Titles I, II, III, IV, and V of the 
                Transportation Equity Act for the 21st Century (Public 
                Law 105-178; 112 Stat. 107).
                    (F) Titles II, III, and IV of the National Highway 
                System Designation Act of 1995 (Public Law 104-59; 109 
                Stat. 568).
                    (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 Appropriations 
                Act, 2021 and Other Extensions Act (Public Law 116-159; 
                134 Stat. 725).
            (2) Extension end date.--The term ``extension end date'' 
        means October 31, 2021.
            (3) Extension fraction.--The term ``extension 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 TRANSPORTATION PROGRAMS.

    (a) In General.--Except as otherwise provided in this Act, the 
requirements, authorities, conditions, eligibilities, 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 
extension end date.
    (b) Authorization of Appropriations.--
            (1) Highway trust fund.--
                    (A) Highway account.--There is authorized to be 
                appropriated from the Highway Account 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 appropriation 
                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 authorized to be appropriated from 
                such account for fiscal year 2021, an amount equal to 
                the extension 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 paragraph (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 appropriated with 
        respect to the program for fiscal year 2021 under the covered 
        laws.
            (2) Apportionment to states.--
                    (A) In general.--Notwithstanding subsections (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 appropriated for 
                        fiscal year 2022 under subsection (b)(1)(A) 
                        with a respect to a program 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 program--
                            (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 appropriated 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 limitation on obligations for the 
        program for fiscal year 2021 and in the same manner as the 
        limitation applicable with respect to the program for fiscal 
        year 2021.
            (2) Federal-aid highways.--
                    (A) In general.--In distributing a limitation on 
                obligations for Federal-aid highways for qualifying 
                programs, the Secretary--
                            (i) shall reserve, for qualifying programs, 
                        an amount of the limitation on obligations for 
                        Federal-aid highways equal to the amount 
                        calculated for the extension period for 
                        qualifying programs in effect on the date of 
                        enactment of this Act; and
                            (ii) if H.R. 3684 (117th Congress) is 
                        enacted, may distribute the amount determined 
                        under clause (i) among qualifying programs 
                        (including any qualifying programs established 
                        pursuant to such H.R. 3684) in a manner 
                        determined to be appropriate by the Secretary.
                    (B) Calculation.--Notwithstanding the enactment of 
                H.R. 3684 (117th Congress), the Secretary shall 
                calculate the amount under subparagraph (A)(i) in the 
                manner described in section 120(a)(4) of division L of 
                the Consolidated Appropriations Act, 2021 (Public Law 
                116-260).
                    (C) Definition of qualifying program.--In this 
                paragraph, the term ``qualifying 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 Congress), 
                                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 HIGHWAY 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 DEVELOPMENT.

    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 extension 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 applied 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 ``fiscal years 
        2016 through 2021'' in subsection (b)(2)(A).

SEC. 108. FEDERAL EMPLOYEE COMPENSATION FOLLOWING 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 excepted employee who is required to perform work 
during a covered lapse shall be paid for such work, at the employee'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 ``covered 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 RESTORATION 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 subsections 
        (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 Transportation 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 appears 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 Amendments.--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 AUTHORITY.

    (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 permanently 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 certain 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 apportioned to 
        such States and distributed for such apportioned programs under 
        section 101.
            (2) Substantially similar and successor programs.--The 
        Secretary may implement subsection (a) in a manner that, as 
        determined appropriate by the Secretary, accommodates a 
        circumstance 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 (legislative 
      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.