Further Surface Transportation Extension Act of 2021

Floor Speech

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Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5763) 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. 5763

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 ``Further Surface Transportation Extension Act of 2021''. SEC. 2. AMENDMENT TO THE EXTENSION END DATE.

Section 2(2) of the Surface Transportation Extension Act of 2021 (Public Law 117-44) is amended by striking ``October 31, 2021'' and inserting ``December 3, 2021''. SEC. 3. AMENDMENT FOR FEDERAL EMPLOYEE COMPENSATION FOLLOWING HIGHWAY TRUST FUND EXPIRATION.

Section 108(b) of the Surface Transportation Extension Act of 2021 (Public Law 117-44) is amended by striking ``that begins'' and all that follows through the period at the end and inserting the following: ``that begins on--

``(1) October 1, 2021, and ends on or before the date of enactment of this Act; or

``(2) November 1, 2021, and ends on or before the date of enactment of the Further Surface Transportation Extension Act of 2021.''. SEC. 4. EXTENSION OF EXPENDITURE AUTHORITY FOR THE 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) in subsections (b)(6)(B), (c)(1), and (e)(3) by striking ``November 1, 2021'' and inserting ``December 4, 2021''; and

(2) by striking ``Surface Transportation Extension Act of 2021'' each place it appears and inserting ``Further Surface Transportation Extension Act of 2021''.

(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of such Code is amended--

(1) in subsection (b)(2) by striking ``Surface Transportation Extension Act of 2021'' each place it appears and inserting ``Further Surface Transportation Extension Act of 2021''; and

(2) in subsection (d)(2) by striking ``November 1, 2021'' and inserting ``December 4, 2021''.

(c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2) of such Code is amended by striking ``November 1, 2021'' and inserting ``December 4, 2021''.

(d) Special Rule for Amendments.--On the date of enactment of H.R. 3684 (117th Congress)--

(1) subsections (a), (b), and (c), the amendments made by such subsections, section 201 of the Surface Transportation Extension Act of 2021 (Public Law 117-44), and the amendments made by such section shall cease to be effective;

(2) the text of the laws amended by subsections (a), (b), and (c) of this section and section 201 of the Surface Transportation Extension Act of 2021 (Public Law 117-44) shall revert back so as to read as the text read on September 30, 2021; and

(3) the amendments made by H.R. 3684 (117th Congress) shall be executed as if this section and section 201 of the Surface Transportation Extension Act had not been enacted.

(e) Conforming Amendment.--Section 201 of the Surface Transportation Extension Act of 2021 (Public Law 117-44) is amended by striking subsection (d). SEC. 5. 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.

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Mr. DeFAZIO. 5763.

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Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise in support of H.R. 5763, the Further Surface Transportation Extension Act of 2021.

Here we are again, calling up yet another short-term extension of Federal highway, transit, highway safety, motor carrier, research, and transportation financing programs.

As I stated when the House took up the first extension on October 1, the House of Representatives did its work last summer, which included a 5-year authorization of surface programs, well in advance of the need for any extensions. And the Senate did later pass a 5-year authorization.

We haven't yet found a path forward for both Chambers to pass the same version of the bill, but we need to act immediately to be certain we don't have a lapse in authorization. There are adequate funds in the highway trust fund to cover this extension. No additional funds will be necessary.

If we don't, on October 31, 3,700 employees will again receive furlough notices that they cannot report to work on November 1, or have to work without pay, with a temporary shutdown of those programs.

The Federal Highway Administration won't be able to provide any new funding to States, the District, or territories. They will be able to continue reimbursing, but a lot of States are beginning--they have initiatives and applications pending for new programs, and all those would be set aside and delayed.

The Federal Transit Administration won't be able to issue new funding to 1,300 transit grantees that rely on Federal grants to fund construction; buy vehicles and equipment, an ongoing process; and, in some cases, pay for operating costs. The FTA can continue to make payments for grants issued before October 1--again, not adequate looking at future needs.

The National Highway Traffic Safety Administration cannot award new grants, and the Federal Motor Carrier Safety Administration must stop issuing new motor carrier safety grants.

And the Office of the Secretary will not be able to make any further TIFIA loans.

The Further Surface Transportation Extension Act of 2021 will allow the Department of Transportation to restart operations of programs funded by the highway trust fund through December 3, 2021, which will be a momentous day around here. It also authorizes DOT to provide backpay for employees in the event of a temporary shutdown.

I urge my colleagues to support this extension which will help provide additional time to work through the final resolution of a long- term surface transportation bill.

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Mr. DeFAZIO. Madam Speaker, I have no additional speakers, and if the gentleman is prepared to close, I would be prepared to close.

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Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, just to reiterate for colleagues that may be listening, this extension goes till December 3. There are adequate funds in the highway trust fund to fund all the regular programs. This will be at current authorization levels.

It will allow States to move forward and propose new highway and bridge projects. It will allow transit agencies to go ahead and acquire new equipment and make other necessary repairs or improvements to their systems.

The Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration will be at full operating and full funding, so there will be no lapse should we pass this now. I urge an ``aye'' vote.

Madam Speaker, I yield back the balance of my time.

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