[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Enrolled Bill (ENR)]
H.R.5434
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and twenty-one
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.