Surface Transportation Extension Act of 2021
Floor Speech
BREAK IN TRANSCRIPT
Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5434) to provide an extension of Federal-aid highway, highway safety, and transit programs, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 5434
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.
BREAK IN TRANSCRIPT
Mr. DeFAZIO. 5434.
Mr. Speaker, I rise in support of H.R. 5434, the Surface Transportation Extension Act of 2021.
I wish that we were not at this point, calling up a short-term extension of Federal highway, transit, highway safety, motor carrier, research, and transportation financing programs. Yet, here we are.
The House did its work. We passed the INVEST in America Act on July 4, H.R. 3684, a 5-year transformative reauthorization of surface transportation for the Nation dealing with climate change, resilience, creating jobs, social equity, a host of other things, and rebuilding our crumbling infrastructure.
The Senate did something different, but they did pass the Infrastructure Investment and Jobs Act, the Senate amendment to H.R. 3684, which also included a 5-year authorization of surface transportation programs.
We have not yet found a path forward for both Chambers to pass the same version of this bill. But we do need to act immediately to restore the ability of Federal surface transportation programs to function and to prevent putting thousands of U.S. Department of Transportation employees out of work for additional time.
We need to act now to avoid further ramifications for surface transportation programs. At 12:01 a.m. today, October 1, 2021, U.S. Department of Transportation operations funded out of the highway trust fund had to shut down due to a lapse in authorization. Mr. Speaker, 3,700 employees received furlough notices that they could not work today or had to work without pay due to a temporary shutdown of these programs.
Beginning this morning, the authority for Federal highway, transit, highway safety, and motor carrier safety programs lapsed. This means that until Congress passes an extension or replacement authorization, the furlough of approximately 3,700 employees will continue, and the Federal Highway Administration cannot provide any new funding to States, the District of Columbia, and the territories. The Federal Highway Administration can continue reimbursing States for obligations incurred before the lapse, but that is not enough.
The Federal Transit Administration can't issue new funding to 1,300 transit grantees that rely on Federal grants to fund construction, buy vehicles and equipment, and, in some cases, pay for operating costs. They can continue to make payments for grants issued before October 1, but that is not good enough.
The National Highway Traffic Safety Administration can't award new highway traffic safety grants, and the Federal Motor Carrier Safety Administration must stop issuing new motor carrier safety grants. The Office of the Secretary can't make any TIFIA loans, which are critical for many large projects.
The Surface Transportation Extension Act of 2021 will allow the Department of Transportation to restart operations of programs funded by the highway trust fund through October 31, 2021, and bring employees back to work. It will also authorize DOT to provide backpay for employees who had to miss a day of work through no fault of their own and for those who worked without pay.
The bill also includes provisions to adjust program levels should Congress enact a long-term surface transportation or infrastructure bill, H.R. 3684, during the extension period.
Finally, the bill provides a similar short-term extension for the Appalachian Regional Commission and the Dingell-Johnson Sport Fish Restoration Act.
Mr. Speaker, I urge my colleagues to support this extension which will help provide additional time to work through a final resolution on the legislation between the House and the Senate.
BREAK IN TRANSCRIPT
Mr. DeFAZIO. Mr. Speaker, I believe I have the right to close.
BREAK IN TRANSCRIPT
Mr. DeFAZIO. Mr. Speaker, I urge all of my colleagues to support this short-term extension to put DOT back to work and get on with the critical business of rebuilding America's infrastructure.
BREAK IN TRANSCRIPT
Source