[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[House]
[Pages H5962-H5965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          FURTHER SURFACE TRANSPORTATION EXTENSION ACT OF 2021

  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

[[Page H5963]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Missouri (Mr. Graves) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5763.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  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.
  Madam Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, reluctantly, I am going to support yet another short-
term extension of the highway program. Unfortunately, this simply 
continues to put our State departments of transportation and 
transportation stakeholders in a very tough position, and they really 
deserve more than this.
  Let me be clear: The Speaker's partisan process is what has led us to 
this point, and this predicament highlights more than ever the need for 
us to be working across the aisle--and across the building, for that 
matter.
  Nearly a month ago, we were here in virtually the same position, 
having the same conversations about the need for a highway extension 
because the Speaker is holding the infrastructure bill hostage for her 
real priority. And we all know what that is. It is a massive, 
multitrillion-dollar tax-and-spend wish list.
  This should not be how it is, tying the hands of an entire Congress 
to pass a socialist agenda that folks in America just simply don't 
support. Infrastructure has never been this way. Bipartisanship has 
always been the formula for success on infrastructure, and that hasn't 
changed. It hasn't changed any at all.
  While this process may have started out as a bipartisan piece of 
legislation in the Senate, the Speaker made darn sure that as soon as 
the bill was sent across the Capitol, it immediately was tainted with 
her ultraliberal, partisan agenda.
  In my 20 years in Congress, I have supported all three highway bills 
that have been signed into law. All of them were bipartisan, all of 
them under Republican chairmen, all of them signed into law by both 
Democrat and Republican Presidents.
  House Republicans have stood ready and committed to participate in a 
truly bipartisan process that involves input from both the House and 
the Senate, not just one Chamber, and both parties. We were ready to 
come to the negotiation table.
  Earlier this year, House Republicans warned that a partisan path 
would put us in a position like this, and here we are.
  The chairman is absolutely right. Passing this extension is the right 
thing to do. The last thing we need, though, is a series of short-term 
extensions. A longer extension is a much-preferred path because it 
allows our States to plan with certainty.
  Multiple short-term extensions are extremely detrimental to the 
States. They are detrimental to the stakeholders and the jobs that 
support these critical projects and programs.
  Extensions mean leaving the States with uncertainty to fix, to 
maintain, to upgrade roads and bridges. And you can't plan multiyear 
infrastructure and highway projects with the guarantee of only a few 
weeks of funding at any one time.

  So it is time to get back to what works, and that is bipartisanship 
on both sides of this building. That is the key to success when it 
comes to infrastructure.
  I urge my colleagues to support this short-term extension and support 
our

[[Page H5964]]

States' transportation programs. However, next time around, we really 
need to consider a longer term extension. It is what is best for the 
States.
  Madam Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I have no additional speakers, and if the 
gentleman is prepared to close, I would be prepared to close.
  Madam Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Madam Speaker, I yield myself the balance of 
my time.
  Again, it is unfortunate that we are here today as Democrats continue 
negotiating their partisan reconciliation proposal while an 
infrastructure bill sits. It sits idly and serves nothing more than 
those partisan programs.
  This is nothing more than a Trojan horse, Madam Speaker, and it is 
being used for its popularity to get votes for the progressive wish 
list. I believe our State DOTs and our State transportation 
stakeholders, every one of them deserve better.
  I hardly think that this short-term extension gives certainty to 
those folks, and I recognize that what is even worse is the fact that 
there is no certainty whatsoever.
  Given that, reluctantly, I do urge support of this short-term 
extension with the expectation that a longer term extension will be 
needed the next time that we are here doing this once again.
  Madam Speaker, I yield back the balance of my time.
  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.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 5763.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRAVES of Missouri. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 358, 
nays 59, not voting 14, as follows:

                             [Roll No. 339]

                               YEAS--358

     Adams
     Aderholt
     Aguilar
     Allen
     Allred
     Amodei
     Armstrong
     Arrington
     Auchincloss
     Axne
     Babin
     Bacon
     Balderson
     Banks
     Barragan
     Bass
     Beatty
     Bentz
     Bera
     Bergman
     Beyer
     Bice (OK)
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bost
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brady
     Brooks
     Brown
     Brownley
     Buchanan
     Bucshon
     Budd
     Burgess
     Bush
     Bustos
     Butterfield
     Calvert
     Carbajal
     Cardenas
     Carl
     Carson
     Carter (GA)
     Carter (LA)
     Carter (TX)
     Cartwright
     Casten
     Castor (FL)
     Castro (TX)
     Chabot
     Cheney
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Cloud
     Clyburn
     Cohen
     Cole
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crawford
     Crenshaw
     Crist
     Crow
     Cuellar
     Curtis
     Davids (KS)
     Davidson
     Davis, Danny K.
     Davis, Rodney
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Donalds
     Doyle, Michael F.
     Duncan
     Dunn
     Ellzey
     Emmer
     Escobar
     Eshoo
     Espaillat
     Estes
     Evans
     Feenstra
     Ferguson
     Fischbach
     Fitzpatrick
     Fleischmann
     Fletcher
     Fortenberry
     Foster
     Foxx
     Frankel, Lois
     Franklin, C. Scott
     Gallego
     Garamendi
     Garbarino
     Garcia (CA)
     Garcia (IL)
     Garcia (TX)
     Gimenez
     Golden
     Gomez
     Gonzales, Tony
     Gonzalez (OH)
     Gonzalez, Vicente
     Gottheimer
     Granger
     Graves (LA)
     Graves (MO)
     Green, Al (TX)
     Griffith
     Grijalva
     Grothman
     Guthrie
     Hagedorn
     Harder (CA)
     Hartzler
     Hayes
     Herrell
     Herrera Beutler
     Higgins (LA)
     Higgins (NY)
     Hill
     Himes
     Hinson
     Houlahan
     Hoyer
     Hudson
     Huffman
     Huizenga
     Issa
     Jackson Lee
     Jacobs (CA)
     Jacobs (NY)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Johnson (TX)
     Jones
     Joyce (OH)
     Joyce (PA)
     Kahele
     Kaptur
     Katko
     Keating
     Keller
     Kelly (IL)
     Kelly (PA)
     Khanna
     Kildee
     Kilmer
     Kim (CA)
     Kim (NJ)
     Kinzinger
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Kustoff
     LaHood
     LaMalfa
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     LaTurner
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Letlow
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Long
     Lowenthal
     Lucas
     Luetkemeyer
     Luria
     Lynch
     Mace
     Malliotakis
     Maloney, Carolyn B.
     Maloney, Sean
     Mann
     Manning
     Matsui
     McBath
     McCarthy
     McCaul
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meijer
     Meng
     Meuser
     Mfume
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (UT)
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Murphy (FL)
     Murphy (NC)
     Nadler
     Napolitano
     Neal
     Neguse
     Newhouse
     Newman
     Norcross
     Nunes
     O'Halleran
     Obernolte
     Ocasio-Cortez
     Omar
     Owens
     Pallone
     Palmer
     Panetta
     Pappas
     Pascrell
     Payne
     Pence
     Perlmutter
     Perry
     Peters
     Pfluger
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Reschenthaler
     Rice (NY)
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Ross
     Rouzer
     Ruiz
     Ruppersberger
     Rush
     Rutherford
     Ryan
     Salazar
     Sanchez
     Sarbanes
     Scalise
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Smucker
     Soto
     Spanberger
     Speier
     Stansbury
     Stanton
     Stauber
     Steel
     Stefanik
     Steil
     Stevens
     Stewart
     Strickland
     Suozzi
     Swalwell
     Takano
     Tenney
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Underwood
     Upton
     Valadao
     Van Drew
     Van Duyne
     Vargas
     Veasey
     Vela
     Velazquez
     Wagner
     Walberg
     Walorski
     Waltz
     Wasserman Schultz
     Waters
     Watson Coleman
     Webster (FL)
     Welch
     Westerman
     Wexton
     Wild
     Williams (GA)
     Williams (TX)
     Wilson (FL)
     Wittman
     Womack
     Yarmuth
     Young
     Zeldin

                                NAYS--59

     Baird
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Buck
     Burchett
     Cammack
     Case
     Cawthorn
     Cline
     Clyde
     Comer
     DesJarlais
     Fallon
     Fitzgerald
     Fulcher
     Gaetz
     Gallagher
     Gibbs
     Gohmert
     Gooden (TX)
     Gosar
     Green (TN)
     Greene (GA)
     Guest
     Harshbarger
     Hern
     Hollingsworth
     Horsford
     Jackson
     Jordan
     Kelly (MS)
     Lamborn
     Loudermilk
     Malinowski
     Massie
     Mast
     McClain
     McClintock
     McHenry
     Miller (IL)
     Moore (AL)
     Mullin
     Nehls
     Norman
     Palazzo
     Phillips
     Posey
     Reed
     Schweikert
     Scott, Austin
     Sessions
     Spartz
     Steube
     Taylor
     Timmons
     Weber (TX)
     Wilson (SC)

                             NOT VOTING--14

     Barr
     Good (VA)
     Harris
     Hice (GA)
     Kind
     Lesko
     McKinley
     Rosendale
     Roy
     Roybal-Allard
     Simpson
     Tiffany
     Turner
     Wenstrup

                              {time}  1911

  Ms. HERRELL and Messrs. GROTHMAN, ARRINGTON, and CLOUD changed their 
vote from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Armstrong (Resch
     enthaler)
     Baird (Resch
     enthaler)
     Barragan (Clarke (NY))
     Boebert (Cammack)
     Bowman (Ocasio-Cortez)
     Buchanan (Bilirakis)
     Calvert (Garcia (CA))
     Cardenas (Gomez)
     Cohen (Beyer)
     Cuellar (Costa)
     Curtis (Owens)
     DeSaulnier (Beyer)
     Deutch (Rice (NY))
     Doggett (Raskin)
     Doyle, Michael F. (Cartwright)
     Duncan (Rice (SC))
     Evans (Mfume)
     Fleischmann (Bilirakis)
     Frankel, Lois (Clark (MA))
     Fulcher (Johnson (OH))
     Garbarino (Joyce (OH))
     Gimenez (Waltz)
     Gosar (Greene (GA))
     Green (TN) (Resch
     enthaler)
     Hagedorn (Carl)
     Harshbarger (Owens)
     Hartzler (Bucshon)
     Houlahan (Crow)
     Hudson (McHenry)
     Issa (Garcia (CA))
     Jacobs (NY) (Resch
     enthaler)

[[Page H5965]]


     Johnson (SD) (Resch
     enthaler)
     Joyce (PA) (Keller)
     Kaptur (Dingell)
     Kinzinger (Fitzpatrick)
     Kirkpatrick (Stanton)
     LaHood (Gonzalez (OH))
     Lawson (FL) (Soto)
     Lieu (Beyer)
     Luetkemeyer (Long)
     McEachin (Wexton)
     Meng (Jeffries)
     Miller (WV) (Resch
     enthaler)
     Moore (UT) (Owens)
     Norman (Rice (SC))
     Nunes (Garcia (CA))
     Obernolte (Pfluger)
     Pascrell (Pallone)
     Payne (Pallone)
     Porter (Wexton)
     Reed (Upton)
     Rogers (KY) (Resch
     enthaler)
     Rush (Underwood)
     Schakowsky (Garcia (IL))
     Sires (Pallone)
     Smith (WA) (Courtney)
     Smucker (Keller)
     Speier (Scanlon)
     Steube (Franklin, C. Scott)
     Stewart (Owens)
     Swalwell (Allred)
     Takano (Cicilline)
     Thompson (PA) (Resch
     enthaler)
     Timmons (Resch
     enthaler)
     Valadao (Meijer)
     Wagner (McHenry)
     Walorski (Banks)
     Watson Coleman (Pallone)
     Wilson (FL) (Hayes)
     Wilson (SC) (Rice (SC))


 =========================== NOTE =========================== 

  
  October 28, 2021, on page H5965, the following appeared: 
Swalwell (Allred) Takano (Cicilline) Thompson (Reschenthaler)
  
  The online version has been corrected to read: Swalwell (Allred) 
Takano (Cicilline) Thompson (PA) (Reschenthaler)


 ========================= END NOTE ========================= 




                          ____________________