Surface Transportation Extension Act 
of 2021
PL 117-44 (H.R.5434), enacted 10/02/2021

[117th Congress Public Law 44]
[From the U.S. Government Publishing Office]



[[Page 381]]

              SURFACE TRANSPORTATION EXTENSION ACT OF 2021

[[Page 135 STAT. 382]]

Public Law 117-44
117th Congress

                                 An Act


 
  To provide an extension of Federal-aid highway, highway safety, and 
transit programs, and for other purposes. <<NOTE: Oct. 2, 2021 -  [H.R. 
                                5434]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Surface 
Transportation Extension Act of 2021.>> 
SECTION 1. <<NOTE: 23 USC 101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Extension Act 
of 2021''.
SEC. 2. <<NOTE: 23 USC 101 note.>>  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--

[[Page 135 STAT. 383]]

                    (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. <<NOTE: 23 USC 101 note.>>  EXTENSION OF FEDERAL SURFACE 
                        TRANSPORTATION PROGRAMS.

    (a) <<NOTE: Incorporation by reference.>>  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.--

[[Page 135 STAT. 384]]

            (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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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--

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                          (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.

     <<NOTE: Applicability.>> 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.

     <<NOTE: Applicability.>> 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.

     <<NOTE: Applicability.>> 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.

     <<NOTE: Applicability.>> 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).

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SEC. 108. <<NOTE: 23 USC 101 note.>>  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) <<NOTE: Definition. Time period.>>  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 <<NOTE: 26 USC 9503.>>  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 <<NOTE: 26 USC 9504.>>  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 <<NOTE: 26 USC 9508.>>  is amended by striking ``October 1, 
2021'' and inserting ``November 1, 2021''.

    (d) <<NOTE: Effective date. 26 USC 9503 note.>>  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.

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                  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) <<NOTE: Determination.>>  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.

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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.

    Approved October 2, 2021.

LEGISLATIVE HISTORY--H.R. 5434:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            Oct. 1, considered and passed House.
            Oct. 2, considered and passed Senate.

                                  <all>