I 

114TH CONGRESS 

1ST SESSION H. R. 2716 

To empower States with authority for most taxing and spending for highway 

programs and mass transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2015 

Mr. DESANTIS (for himself, Mr. GRAVES of Georgia, Mr. SALMON, Mr. 

STUTZMAN, Mr. JOLLY, Mr. BUCK, Mr. FLORES, and Mr. AMASH) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways 

and Means, the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To empower States with authority for most taxing and 

spending for highway programs and mass transit programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transportation Em5 powerment Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the objective of the Federal highway pro2 gram has been to facilitate the construction of a 

3 modern freeway system that promotes efficient inter4 state commerce by connecting all States; 

5 (2) the objective described in paragraph (1) has 

6 been attained, and the Interstate System connecting 

7 all States is near completion; 

8 (3) each State has the responsibility of pro9 viding an efficient transportation network for the 

10 residents of the State; 

11 (4) each State has the means to build and oper12 ate a network of transportation systems, including 

13 highways, that best serves the needs of the State; 

14 (5) each State is best capable of determining 

15 the needs of the State and acting on those needs; 

16 (6) the Federal role in highway transportation 

17 has, over time, usurped the role of the States by tax18 ing motor fuels used in the States and then distrib19 uting the proceeds to the States based on the per20 ceptions of the Federal Government on what is best 

21 for the States; 

22 (7) the Federal Government has used the Fed23 eral motor fuels tax revenues to force all States to 

24 take actions that are not necessarily appropriate for 

25 individual States; 


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1 (8) the Federal distribution, review, and en2 forcement process wastes billions of dollars on un3 productive activities; 

4 (9) Federal mandates that apply uniformly to 

5 all 50 States, regardless of the different cir6 cumstances of the States, cause the States to waste 

7 billions of hard-earned tax dollars on projects, pro8 grams, and activities that the States would not oth9 erwise undertake; and 

10 (10) Congress has expressed a strong interest 

11 in reducing the role of the Federal Government by 

12 allowing each State to manage its own affairs. 

13 (b) PURPOSES.—The purposes of this Act are— 

14 (1) to provide a new policy blueprint to govern 

15 the Federal role in transportation once existing and 

16 prior financial obligations are met; 

17 (2) to return to the individual States maximum 

18 discretionary authority and fiscal responsibility for 

19 all elements of the national surface transportation 

20 systems that are not within the direct purview of the 

21 Federal Government; 

22 (3) to preserve Federal responsibility for the 

23 Dwight D. Eisenhower National System of Inter24 state and Defense Highways; 


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1 (4) to preserve the responsibility of the Depart2 ment of Transportation for— 

3 (A) design, construction, and preservation 

4 of transportation facilities on Federal public 

5 land; 

6 (B) national programs of transportation 

7 research and development and transportation 

8 safety; and 

9 (C) emergency assistance to the States in 

10 response to natural disasters; 

11 (5) to eliminate to the maximum extent prac12 ticable Federal obstacles to the ability of each State 

13 to apply innovative solutions to the financing, de14 sign, construction, operation, and preservation of 

15 Federal and State transportation facilities; and 

16 (6) with respect to transportation activities car17 ried out by States, local governments, and the pri18 vate sector, to encourage— 

19 (A) competition among States, local gov20 ernments, and the private sector; and 

21 (B) innovation, energy efficiency, private 

22 sector participation, and productivity. 

23 SEC. 3. FUNDING LIMITATION. 

24 Notwithstanding any other provision of law, if the 

25 Secretary of Transportation determines for any of fiscal 


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1 years 2016 through 2020 that the aggregate amount re2 quired to carry out transportation programs and projects 

3 under this Act and amendments made by this Act exceeds 

4 the estimated aggregate amount in the Highway Trust 

5 Fund available for those programs and projects for the 

6 fiscal year, each amount made available for that program 

7 or project shall be reduced by the pro rata percentage re8 quired to reduce the aggregate amount required to carry 

9 out those programs and projects to an amount equal to 

10 that available for those programs and projects in the 

11 Highway Trust Fund for the fiscal year. 

12 SEC. 4. FUNDING FOR CORE HIGHWAY PROGRAMS. 

13 (a) IN GENERAL.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS.— 

15 The following sums are authorized to be appro16 priated out of the Highway Trust Fund (other than 

17 the Mass Transit Account): 

18 (A) FEDERAL-AID HIGHWAY PROGRAM, 

19 ETC.—For the national highway performance 

20 program under section 119 of title 23, United 

21 States Code, the surface transportation pro22 gram under section 133 of that title, the high23 way safety improvement program under section 

24 148 of that title, and the congestion mitigation 

25 and air quality improvement program under 


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1 section 149 of that title, for each of fiscal years 

2 2016 through 2020, an aggregate amount not 

3 to exceed 10 percent of the balance of the 

4 Highway Trust Fund (other than such Mass 

5 Transit Account) as estimated (taking into ac6 count estimated revenues) at the beginning of 

7 each such fiscal year. 

8 (B) EMERGENCY RELIEF.—For emergency 

9 relief under section 125 of title 23, United 

10 States Code, $100,000,000 for each of fiscal 

11 years 2016 through 2020. 

12 (C) FEDERAL LANDS PROGRAMS.— 

13 (i) FEDERAL LANDS TRANSPOR14 TATION PROGRAM.—For the Federal lands 

15 transportation program under section 203 

16 of title 23, United States Code, 

17 $300,000,000 for each of fiscal years 2016 

18 through 2020, of which $240,000,000 of 

19 the amount made available for each fiscal 

20 year shall be the amount for the National 

21 Park Service and $30,000,000 of the 

22 amount made available for each fiscal year 

23 shall be the amount for the United States 

24 Fish and Wildlife Service. 


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1 (ii) FEDERAL LANDS ACCESS PRO2 GRAM.—For the Federal lands access pro3 gram under section 204 of title 23, United 

4 States Code, $250,000,000 for each of fis5 cal years 2016 through 2020. 

6 (D) ADMINISTRATIVE EXPENSES.—Section 

7 104(a) of title 23, United States Code, is 

8 amended by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(A) IN GENERAL.—There are authorized 

12 to be appropriated from the Highway Trust 

13 Fund (other than the Mass Transit Account) 

14 for each of fiscal years 2016 through 2020, to 

15 be made available to the Secretary for adminis16 trative expenses of the Federal Highway Ad17 ministration, an amount equal to 1 percent of 

18 the balance of the Highway Trust Fund (other 

19 than such Mass Transit Account) as estimated 

20 (taking into account estimated revenues) at the 

21 beginning of each such fiscal year. 

22 ‘‘(B)(i) Notwithstanding any other provi23 sion of law, it shall not be in order in the Sen24 ate or the House of Representatives to consider 

25 any measure that would make available for exVerDate Sep 11 2014 03:25 Jun 12, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2716.IH H2716

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1 penditure from the Highway Trust Fund (other 

2 than the Mass Transit Account) for a fiscal 

3 year an amount less than the amount author4 ized under subparagraph (A) for such fiscal 

5 year. 

6 ‘‘(ii)(I) Clause (i) may be waived or sus7 pended in the Senate only by the affirmative 

vote of 3 8 ⁄5 of the Members, duly chosen and 

9 sworn. 

10 ‘‘(II) Debate on appeals in the Senate 

11 from the decisions of the Chair relating to sub12 clause (I) shall be limited to 1 hour, to be 

13 equally divided between, and controlled by, the 

14 mover and the manager of the measure that 

15 would make available for expenditure from the 

16 Fund for a fiscal year an amount less than the 

17 amount described in subparagraph (A). An affirmative vote of 3 18 ⁄5 of the Members, duly cho19 sen and sworn, shall be required in the Senate 

20 to sustain an appeal of the ruling of the Chair 

21 on a point of order raised in relation to sub22 clause (I). 

23 ‘‘(iii) This subparagraph is enacted by 

24 Congress— 


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1 ‘‘(I) as an exercise of the rulemaking 

2 power of the House of Representatives and 

3 the Senate, respectively, and as such it is 

4 deemed a part of the rules of each House, 

5 respectively, but applicable only with re6 spect to the procedure to be followed in 

7 that House in the case of a joint resolu8 tion, and it supersedes other rules only to 

9 the extent that it is inconsistent with those 

10 rules; and 

11 ‘‘(II) with full recognition of the con12 stitutional right of either House to change 

13 the rules (so far as relating to the proce14 dure of that House) at any time, in the 

15 same manner and to the same extent as in 

16 the case of any other rule of that House.’’. 

17 (2) TRANSFERABILITY OF FUNDS.—Section 104 

18 of title 23, United States Code, is amended by strik19 ing subsection (f) and inserting the following: 

20 ‘‘(f) TRANSFERABILITY OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—To the extent that a State 

22 determines that funds made available under this title 

23 to the State for a purpose are in excess of the needs 

24 of the State for that purpose, the State may transfer 

25 the excess funds to, and use the excess funds for, 


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1 any surface transportation (including mass transit 

2 and rail) purpose in the State. 

3 ‘‘(2) ENFORCEMENT.—If the Secretary deter4 mines that a State has transferred funds under 

5 paragraph (1) to a purpose that is not a surface 

6 transportation purpose as described in paragraph 

7 (1), the amount of the improperly transferred funds 

8 shall be deducted from any amount the State would 

9 otherwise receive from the Highway Trust Fund for 

10 the fiscal year that begins after the date of the de11 termination.’’. 

12 (3) FEDERAL-AID SYSTEM.— 

13 (A) IN GENERAL.—Section 103(a) of title 

14 23, United States Code, is amended by striking 

15 ‘‘the National Highway System, which in16 cludes’’. 

17 (B) CONFORMING AMENDMENTS.—Chapter 

18 1 of title 23, United States Code, is amended— 

19 (i) in section 103 by striking the sec20 tion designation and heading and inserting 

21 the following: 

22 ‘‘§ 103. Federal-aid system’’; 

23 and 


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1 (ii) in the analysis by striking the 

2 item relating to section 103 and inserting 

3 the following: 

‘‘103. Federal-aid system.’’. 

4 (4) CALCULATION OF STATE AMOUNTS.—Sec5 tion 104(c)(2) of title 23, United States Code, is 

6 amended— 

7 (A) in the paragraph heading by striking 

8 ‘‘FOR FISCAL YEAR 2014’’ and inserting ‘‘SUB9 SEQUENT FISCAL YEARS’’; and 

10 (B) in subparagraph (A) by striking ‘‘fiscal 

11 year 2014’’ and inserting ‘‘fiscal year 2014 and 

12 each subsequent fiscal year’’. 

13 (5) FEDERALIZATION AND DEFEDERALIZATION

14 OF PROJECTS.—Notwithstanding any other provision 

15 of law, beginning on October 1, 2015— 

16 (A) a highway construction or improve17 ment project shall not be considered to be a 

18 Federal highway construction or improvement 

19 project unless and until a State expends Fed20 eral funds for the construction portion of the 

21 project; 

22 (B) a highway construction or improve23 ment project shall not be considered to be a 

24 Federal highway construction or improvement 

25 project solely by reason of the expenditure of 


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1 Federal funds by a State before the construc2 tion phase of the project to pay expenses relat3 ing to the project, including for any environ4 mental document or design work required for 

5 the project; and 

6 (C)(i) a State may, after having used Fed7 eral funds to pay all or a portion of the costs 

8 of a highway construction or improvement 

9 project, reimburse the Federal Government in 

10 an amount equal to the amount of Federal 

11 funds so expended; and 

12 (ii) after completion of a reimbursement 

13 described in clause (i), a highway construction 

14 or improvement project described in that clause 

15 shall no longer be considered to be a Federal 

16 highway construction or improvement project. 

17 (6) REPORTING REQUIREMENTS.—No reporting 

18 requirement, other than a reporting requirement in 

19 effect as of the date of enactment of this Act, shall 

20 apply on or after October 1, 2015, to the use of 

21 Federal funds for highway projects by a public-pri22 vate partnership. 

23 (b) EXPENDITURES FROM HIGHWAY TRUST

24 FUND.— 


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1 (1) EXPENDITURES FOR CORE PROGRAMS.— 

2 Section 9503(c) of the Internal Revenue Code of 

3 1986 is amended— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘June 1, 2015’’ and in6 serting ‘‘October 1, 2022’’; and 

7 (ii) by striking ‘‘Highway and Trans8 portation Funding Act of 2014’’ and in9 serting ‘‘Transportation Empowerment 

10 Act’’; 

11 (B) in paragraph (2), by striking ‘‘July 1, 

12 2017’’ and inserting ‘‘July 1, 2022’’; and 

13 (C) in paragraph (5), by striking ‘‘October 

14 1, 2011’’ and inserting ‘‘October 1, 2022’’. 

15 (2) AMOUNTS AVAILABLE FOR CORE PROGRAM

16 EXPENDITURES.—Section 9503 of the Internal Rev17 enue Code of 1986 is amended by adding at the end 

18 the following: 

19 ‘‘(g) CORE PROGRAMS FINANCING RATE.—For pur20 poses of this section— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2)— 

23 ‘‘(A) in the case of gasoline and special 

24 motor fuels the tax rate of which is the rate 


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1 specified in section 4081(a)(2)(A)(i), the core 

2 programs financing rate is— 

3 ‘‘(i) after September 30, 2016, and 

4 before October 1, 2017, 18.3 cents per gal5 lon, 

6 ‘‘(ii) after September 30, 2017, and 

7 before October 1, 2018, 9.6 cents per gal8 lon, 

9 ‘‘(iii) after September 30, 2018, and 

10 before October 1, 2019, 6.4 cents per gal11 lon, 

12 ‘‘(iv) after September 30, 2019, and 

13 before October 1, 2020, 5.0 cents per gal14 lon, and 

15 ‘‘(v) after September 30, 2020, 3.7 

16 cents per gallon, and 

17 ‘‘(B) in the case of kerosene, diesel fuel, 

18 and special motor fuels the tax rate of which is 

19 the rate specified in section 4081(a)(2)(A)(iii), 

20 the core programs financing rate is— 

21 ‘‘(i) after September 30, 2016, and 

22 before October 1, 2017, 24.3 cents per gal23 lon, 


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1 ‘‘(ii) after September 30, 2017, and 

2 before October 1, 2018, 12.7 cents per gal3 lon, 

4 ‘‘(iii) after September 30, 2018, and 

5 before October 1, 2019, 8.5 cents per gal6 lon, 

7 ‘‘(iv) after September 30, 2019, and 

8 before October 1, 2020, 6.6 cents per gal9 lon, and 

10 ‘‘(v) after September 30, 2020, 5.0 

11 cents per gallon. 

12 ‘‘(2) APPLICATION OF RATE.—In the case of 

13 fuels used as described in paragraphs (3)(C), (4)(B), 

14 and (5) of subsection (c), the core programs financ15 ing rate is zero.’’. 

16 (c) TERMINATION OF MASS TRANSIT ACCOUNT.— 

17 Section 9503(e) of the Internal Revenue Code of 1986 is 

18 amended— 

19 (1) in the first sentence of paragraph (2), by 

20 inserting ‘‘, and before October 1, 2016’’ after 

21 ‘‘March 31, 1983’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On 

24 October 1, 2016, the Secretary shall transfer all 


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1 amounts in the Mass Transit Account to the High2 way Account.’’. 

3 (d) EFFECTIVE DATE.—The amendments and re4 peals made by this section shall take effect on October 

5 1, 2016. 

6 SEC. 5. FEDERAL-AID HIGHWAY PROGRAM. 

7 (a) NATIONAL HIGHWAY PERFORMANCE PRO8 GRAM.— 

9 (1) IN GENERAL.—Section 119(d)(2) of title 

10 23, United States Code, is amended— 

11 (A) by striking subparagraph (H); 

12 (B) by striking subparagraph (M); 

13 (C) by striking subparagraph (O); and 

14 (D) by redesignating subparagraphs (I), 

15 (J), (K), (L), (N), and (P) as subparagraphs 

16 (H), (I), (J), (K), (L), and (M), respectively. 

17 (2) REPEAL OF ENVIRONMENTAL MITIGATION

18 PROVISIONS.—Section 119 of title 23, United States 

19 Code, is amended by striking subsection (g). 

20 (b) SURFACE TRANSPORTATION PROGRAM.— 

21 (1) IN GENERAL.—Section 133(b) of title 23, 

22 United States Code, is amended— 

23 (A) in paragraph (6), by striking ‘‘Carpool 

24 projects, fringe and corridor parking facilities 

25 and programs, including electric vehicle and 


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1 natural gas infrastructure in accordance with 

2 section 137, bicycle transportation and pedes3 trian walkways in accordance with section 217, 

4 and the’’ and inserting ‘‘Any’’; 

5 (B) by striking paragraph (11); 

6 (C) in paragraph (13), by adding a period 

7 at the end; 

8 (D) by striking paragraph (14); 

9 (E) by striking paragraph (17); 

10 (F) in paragraph (24), by striking ‘‘data 

11 collection, maintenance, and integration’’ and 

12 inserting ‘‘the maintenance and integration of 

13 data’’; and 

14 (G) by redesignating paragraphs (12), 

15 (13), (15), (16), (18), (19), (20), (21), (22), 

16 (23), (24), (25), and (26) as paragraphs (11), 

17 (12), (13), (14), (15), (16), (17), (18), (19), 

18 (20), (21), (22), and (23), respectively. 

19 (2) REPEAL OF BRIDGES NOT ON FEDERAL-AID

20 HIGHWAYS PROVISIONS.—Section 133 of title 23, 

21 United States Code, is amended— 

22 (A) by striking subsection (g); and 

23 (B) by redesignating subsection (h) as sub24 section (g). 

25 (3) CONFORMING AMENDMENTS.— 


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1 (A) Section 101(a)(29)(F)(i) of title 23, 

2 United States Code, is amended by striking 

3 ‘‘133(b)(11), 328(a),’’ and inserting ‘‘328(a)’’. 

4 (B) Section 133(c) of title 23, United 

5 States Code, is amended— 

6 (i) by striking paragraph (1); 

7 (ii) in paragraph (2), by striking 

8 ‘‘(11), (20), (25), and (26)’’ and inserting 

9 ‘‘(17), (22), and (23)’’; and 

10 (iii) by redesignating paragraphs (2) 

11 and (3) as paragraphs (1) and (2), respec12 tively. 

13 (C) Section 165(c)(7) of title 23, United 

14 States Code, is amended by striking ‘‘(14), and 

15 (19)’’ and inserting ‘‘and (16)’’. 

16 (c) METROPOLITAN TRANSPORTATION PLANNING.— 

17 (1) IN GENERAL.—Section 134 of title 23, 

18 United States Code, is repealed. 

19 (2) CONFORMING AMENDMENTS.— 

20 (A) The chapter analysis for chapter 1 of 

21 title 23, United States Code, is amended by 

22 striking the item relating to section 134. 

23 (B) Section 2864(d)(2) of title 10, United 

24 States Code, is amended by inserting ‘‘(as in ef25 fect on the day before the date of enactment of 


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1 the Transportation Empowerment Act)’’ after 

2 ‘‘title 23’’. 

3 (C) Section 103(b)(3) of title 23, United 

4 States Code, is amended by striking subpara5 graph (B) and inserting the following: 

6 ‘‘(B) COOPERATION.—In proposing a 

7 modification under this paragraph, a State shall 

8 cooperate with local and regional officials.’’. 

9 (D) Section 104 of title 23, United States 

10 Code, is amended— 

11 (i) in subsection (b)— 

12 (I) in the matter preceding para13 graph (1), by striking ‘‘, and to carry 

14 out section 134’’; and 

15 (II) by striking paragraph (5); 

16 (ii) in subsection (d)(1)— 

17 (I) by striking subparagraph (B); 

18 (II) by striking ‘‘(A) USE.—’’; 

19 (III) by redesignating clauses (i) 

20 and (ii) as subparagraphs (A) and 

21 (B), respectively, and indenting appro22 priately; 

23 (IV) in subparagraph (A) (as so 

24 redesignated), by striking ‘‘clause (ii)’’ 


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1 and inserting ‘‘subparagraph (B)’’; 

2 and 

3 (V) in subparagraphs (A) and 

4 (B) (as so redesignated), by inserting 

5 ‘‘(as in effect on the day before the 

6 date of enactment of the Transpor7 tation Empowerment Act)’’ after 

8 ‘‘subsection (b)(5)’’ each place it ap9 pears; and 

10 (iii) in subsection (d)(2)— 

11 (I) by striking ‘‘STATES.—’’ and 

12 all that follows through ‘‘The distribu13 tion’’ in subparagraph (A), in the 

14 matter preceding clause (i), and in15 serting ‘‘STATES.—The distribution’’; 

16 (II) in clause (ii), by striking ‘‘to 

17 carry out section 134 and’’; 

18 (III) by striking subparagraph 

19 (B); and 

20 (IV) by redesignating clauses (i) 

21 and (ii) as subparagraphs (A) and 

22 (B), respectively, and indenting appro23 priately. 

24 (E) Section 106(h)(3)(C) of title 23, 

25 United States Code, is amended by striking 


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1 ‘‘sections 134 and 135’’ and inserting ‘‘section 

2 135’’. 

3 (F) Section 108(d)(5)(A) of title 23, 

4 United States Code, is amended by striking 

5 ‘‘sections 134 and 135’’ and inserting ‘‘section 

6 135’’. 

7 (G) Section 119(d)(1)(B) of title 23, 

8 United States Code, is amended by striking 

9 ‘‘sections 134 and 135’’ and inserting ‘‘section 

10 135’’. 

11 (H) Section 133(d) of title 23, United 

12 States Code, is amended— 

13 (i) by striking paragraph (2); 

14 (ii) in paragraph (5), by striking ‘‘sec15 tions 134 and 135’’ and inserting ‘‘section 

16 135’’; and 

17 (iii) by redesignating paragraphs (3), 

18 (4), and (5) as paragraphs (2), (3), and 

19 (4), respectively. 

20 (I) Section 135 of title 23, United States 

21 Code, is amended— 

22 (i) in subsection (a)— 

23 (I) in paragraph (1)— 


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1 (aa) by striking ‘‘Subject to 

2 section 134, to’’ and inserting 

3 ‘‘To’’; and 

4 (bb) by inserting ‘‘(as in ef5 fect on the day before the date of 

6 enactment of the Transportation 

7 Empowerment Act)’’ after ‘‘sec8 tion 134(a)’’; and 

9 (II) in paragraph (3), by insert10 ing ‘‘(as in effect on the day before 

11 the date of enactment of the Trans12 portation Empowerment Act)’’ after 

13 ‘‘section 134(a)’’; 

14 (ii) in subsection (b)(1), by striking 

15 ‘‘with the transportation planning activities 

16 carried out under section 134 for metro17 politan areas of the State and’’; 

18 (iii) in subsection (f)(2)— 

19 (I) by striking subparagraph (A); 

20 and 

21 (II) by redesignating subpara22 graphs (B), (C), and (D) as subpara23 graphs (A), (B), and (C), respectively; 

24 (iv) in subsection (g)— 

25 (I) in paragraph (2)— 


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1 (aa) by striking subpara2 graph (A); and 

3 (bb) by redesignating sub4 paragraphs (B) and (C) as sub5 paragraphs (A) and (B), respec6 tively; and 

7 (II) in paragraph (8), by striking 

8 ‘‘and section 134’’; and 

9 (v) in subsection (j), by striking ‘‘and 

10 section 134’’ each place it appears. 

11 (J) Section 137 of title 23, United States 

12 Code, is amended— 

13 (i) by striking subsection (e); and 

14 (ii) by redesignating subsections (f) 

15 and (g) as subsections (e) and (f), respec16 tively. 

17 (K) Section 142 of title 23, United States 

18 Code, is amended— 

19 (i) by striking subsection (d); and 

20 (ii) by redesignating subsections (e) 

21 through (i) as subsections (d) through (h), 

22 respectively. 

23 (L) Section 168(a)(2)(A) of title 23, 

24 United States Code, is amended by striking ‘‘or 


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1 a transportation plan developed under section 

2 134’’. 

3 (M) Section 201(c)(1) of title 23, United 

4 States Code, is amended by striking ‘‘sections 

5 134 and 135’’ and inserting ‘‘section 135’’. 

6 (N) Section 217(g)(1) of title 23, United 

7 States Code, is amended in the first sentence by 

8 striking ‘‘metropolitan planning organization 

9 and State in accordance with section 134 and 

10 135, respectively’’ and inserting ‘‘State in ac11 cordance with section 135’’. 

12 (O) Section 327(a)(2)(B) of title 23, 

13 United States Code, is amended— 

14 (i) in clause (iii), by striking ‘‘42 

15 U.S.C. 13’’ and inserting ‘‘42 U.S.C.’’; and 

16 (ii) in clause (iv)(I), by striking ‘‘134 

17 or’’. 

18 (P) Section 505 of title 23, United States 

19 Code, is amended— 

20 (i) in subsection (a)(2)— 

21 (I) by striking ‘‘metropolitan 

22 and’’; and 

23 (II) by striking ‘‘sections 134 

24 and 135’’ and inserting ‘‘section 

25 135’’; and 


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1 (ii) in subsection (b)(2), by striking 

2 ‘‘sections 134 and 135’’ and inserting 

3 ‘‘section 135’’. 

4 (Q) Section 602(a)(3) of title 23, United 

5 States Code, is amended by striking ‘‘sections 

6 134 and 135’’ and inserting ‘‘section 135’’. 

7 (R) Section 610(d)(5) of title 23, United 

8 States Code, is amended by striking ‘‘section 

9 133(d)(3)’’ and inserting ‘‘section 133(d)(2)’’. 

10 (S) Section 174 of the Clean Air Act (42 

11 U.S.C. 7504) is amended— 

12 (i) in the fourth sentence of sub13 section (a), by striking ‘‘the metropolitan 

14 planning organization designated to con15 duct the continuing, cooperative and com16 prehensive transportation planning process 

17 for the area under section 134 of title 23, 

18 United States Code,’’; 

19 (ii) by striking subsection (b); and 

20 (iii) by redesignating subsection (c) as 

21 subsection (b). 

22 (T) Section 176(c) of the Clean Air Act 

23 (42 U.S.C. 7506(c)) is amended— 

24 (i) in paragraph (7)(A), in the matter 

25 preceding clause (i), by striking ‘‘section 


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1 134(i) of title 23, United States Code, or’’; 

2 and 

3 (ii) in paragraph (9), by striking ‘‘sec4 tion 134(i) of title 23, United States Code, 

5 or’’. 

6 (U) Section 182(c)(5) of the Clean Air Act 

7 (42 U.S.C. 7511a(c)(5)) is amended— 

8 (i) by striking ‘‘(A) Beginning’’ and 

9 inserting ‘‘Beginning’’; and 

10 (ii) in the last sentence by striking 

11 ‘‘and with the requirements of section 

12 174(b)’’. 

13 (V) Section 5304(i) of title 49, United 

14 States Code, is amended— 

15 (i) by striking ‘‘sections 134 and 135’’ 

16 each place it appears and inserting ‘‘sec17 tion 135’’; and 

18 (ii) by striking ‘‘this this’’ and insert19 ing ‘‘this’’. 

20 (d) NATIONAL BRIDGE AND TUNNEL INVENTORY

21 AND INSPECTION STANDARDS.— 

22 (1) IN GENERAL.—Section 144 of title 23, 

23 United States Code, is amended— 


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1 (A) in subsection (e)(1) by inserting ‘‘on 

2 the Federal-aid system’’ after ‘‘any bridge’’; 

3 and 

4 (B) in subsection (f)(1) by inserting ‘‘on 

5 the Federal-aid system’’ after ‘‘construct any 

6 bridge’’. 

7 (2) REPEAL OF HISTORIC BRIDGES PROVI8 SIONS.—Section 144(g) of title 23, United States 

9 Code, is repealed. 

10 (e) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

11 (1) IN GENERAL.—Section 148 of title 23, 

12 United States Code, is amended— 

13 (A) in subsection (a)— 

14 (i) in paragraph (4)(B)— 

15 (I) by striking clause (v); and 

16 (II) by redesignating clauses (vi) 

17 through (xxiv) as clauses (v) through 

18 (xxiii), respectively; 

19 (ii) in paragraph (8), by striking ‘‘bi20 cyclist,’’; and 

21 (iii) by striking paragraphs (11) 

22 through (13); 

23 (B) by striking subsections (b), (c), (d), 

24 (e), (f), (g), (h), and (i); and 


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1 (C) by redesignating subsection (j) as sub2 section (b). 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 101(a)(27) of title 23, United 

5 States Code, is amended by inserting ‘‘(as in ef6 fect on the day before the date of enactment of 

7 the Transportation Empowerment Act)’’ after 

8 ‘‘section 148(a)’’. 

9 (B) Section 402(b)(1)(F)(v) of title 23, 

10 United States Code, is amended by inserting 

11 ‘‘(as in effect on the day before the date of en12 actment of the Transportation Empowerment 

13 Act)’’ after ‘‘section 148(a)’’. 

14 (f) REPEAL OF CONGESTION MITIGATION AND AIR

15 QUALITY IMPROVEMENT PROGRAM.— 

16 (1) IN GENERAL.—Section 149 of title 23, 

17 United States Code, is repealed. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) The chapter analysis for chapter 1 of 

20 title 23, United States Code, is amended by 

21 striking the item relating to section 149. 

22 (B) Section 106(d) of title 23, United 

23 States Code, is amended in the matter pre24 ceding paragraph (1), by striking ‘‘section, secVerDate Sep 11 2014 03:25 Jun 12, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2716.IH H2716

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1 tion 133, or section 149’’ and inserting ‘‘section 

2 or section 133’’. 

3 (C) Section 150 of title 23, United States 

4 Code, is amended— 

5 (i) in subsection (c)— 

6 (I) by striking paragraph (5); 

7 and 

8 (II) by redesignating paragraph 

9 (6) as paragraph (5); and 

10 (ii) in subsection (d), by striking ‘‘(5), 

11 and (6)’’ and inserting ‘‘and (5)’’. 

12 (D) Section 322(h)(3) of title 23, United 

13 States Code, is amended by striking ‘‘and the 

14 congestion mitigation and air quality improve15 ment program under section 149’’. 

16 (E) Section 505(a)(3) of title 23, United 

17 States Code, is amended by striking ‘‘149,’’. 

18 (g) REPEAL OF TRANSPORTATION ALTERNATIVES

19 PROGRAM.—The following provisions are repealed: 

20 (1) Section 213 of title 23, United States Code. 

21 (2) The item relating to section 213 in the 

22 analysis for chapter 1 of title 23, United States 

23 Code. 

24 (h) NATIONAL DEFENSE HIGHWAYS.—Section 311 

25 of title 23, United States Code, is amended— 


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1 (1) in the first sentence, by striking ‘‘under 

2 subsection (a) of section 104 of this title’’ and in3 serting ‘‘to carry out this section’’; and 

4 (2) by striking the second sentence. 

5 SEC. 6. FUNDING FOR HIGHWAY RESEARCH AND DEVELOP6 MENT PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated out of the Highway Trust 

9 Fund (other than the Mass Transit Account) to carry out 

10 section 503(b) of title 23, United States Code, 

11 $115,000,000 for each of fiscal years 2016 through 2020. 

12 (b) APPLICABILITY OF TITLE 23, UNITED STATES

13 CODE.—Funds authorized to be appropriated by sub14 section (a) shall— 

15 (1) be available for obligation in the same man16 ner as if those funds were apportioned under chap17 ter 1 of title 23, United States Code, except that the 

18 Federal share of the cost of a project or activity car19 ried out using those funds shall be 80 percent, un20 less otherwise expressly provided by this Act (includ21 ing the amendments by this Act) or otherwise deter22 mined by the Secretary; and 

23 (2) remain available until expended and not be 

24 transferable. 


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1 SEC. 7. RETURN OF EXCESS TAX RECEIPTS TO STATES. 

2 (a) IN GENERAL.—Section 9503(c) of the Internal 

3 Revenue Code of 1986 is amended by adding at the end 

4 the following: 

5 ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO

6 STATES FOR SURFACE TRANSPORTATION PUR7 POSES.— 

8 ‘‘(A) IN GENERAL.—On the first day of 

9 each of fiscal years 2016, 2017, 2018, and 

10 2019, the Secretary, in consultation with the 

11 Secretary of Transportation, shall— 

12 ‘‘(i) determine the excess (if any) of— 

13 ‘‘(I) the amounts appropriated in 

14 such fiscal year to the Highway Trust 

15 Fund under subsection (b) which are 

16 attributable to the taxes described in 

17 paragraphs (1) and (2) thereof (after 

18 the application of paragraph (4) 

19 thereof) over the sum of— 

20 ‘‘(II) the amounts so appro21 priated which are equivalent to— 

22 ‘‘(aa) such amounts attrib23 utable to the core programs fi24 nancing rate for such year, plus 


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1 ‘‘(bb) the taxes described in 

2 paragraphs (3)(C), (4)(B), and 

3 (5) of subsection (c), and 

4 ‘‘(ii) allocate the amount determined 

5 under clause (i) among the States (as de6 fined in section 101(a) of title 23, United 

7 States Code) for surface transportation 

8 (including mass transit and rail) purposes 

9 so that— 

10 ‘‘(I) the percentage of that 

11 amount allocated to each State, is 

12 equal to 

13 ‘‘(II) the percentage of the 

14 amount determined under clause (i)(I) 

15 paid into the Highway Trust Fund in 

16 the latest fiscal year for which such 

17 data are available which is attrib18 utable to highway users in the State. 

19 ‘‘(B) ENFORCEMENT.—If the Secretary 

20 determines that a State has used amounts 

21 under subparagraph (A) for a purpose which is 

22 not a surface transportation purpose as de23 scribed in subparagraph (A), the improperly 

24 used amounts shall be deducted from any 

25 amount the State would otherwise receive from 


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1 the Highway Trust Fund for the fiscal year 

2 which begins after the date of the determina3 tion.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall take effect on October 1, 2015. 

6 SEC. 8. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 

7 KEROSENE, AND SPECIAL FUELS FUNDING 

8 HIGHWAY TRUST FUND. 

9 (a) REDUCTION IN TAX RATE.— 

10 (1) IN GENERAL.—Section 4081(a)(2)(A) of the 

11 Internal Revenue Code of 1986 is amended— 

12 (A) in clause (i), by striking ‘‘18.3 cents’’ 

13 and inserting ‘‘3.7 cents’’; and 

14 (B) in clause (iii), by striking ‘‘24.3 cents’’ 

15 and inserting ‘‘5.0 cents’’. 

16 (2) CONFORMING AMENDMENTS.— 

17 (A) Section 4081(a)(2)(D) of such Code is 

18 amended— 

19 (i) by striking ‘‘19.7 cents’’ and in20 serting ‘‘4.1 cents’’, and 

21 (ii) by striking ‘‘24.3 cents’’ and in22 serting ‘‘5.0 cents’’. 

23 (B) Section 6427(b)(2)(A) of such Code is 

24 amended by striking ‘‘7.4 cents’’ and inserting 

25 ‘‘1.5 cents’’. 


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1 (b) ADDITIONAL CONFORMING AMENDMENTS.— 

2 (1) Section 4041(a)(1)(C)(iii)(I) of the Internal 

3 Revenue Code of 1986 is amended by striking ‘‘7.3 

4 cents per gallon (4.3 cents per gallon after Sep5 tember 30, 2016)’’ and inserting ‘‘1.4 cents per gal6 lon (zero after September 30, 2021)’’. 

7 (2) Section 4041(a)(2)(B)(ii) of such Code is 

8 amended by striking ‘‘24.3 cents’’ and inserting ‘‘5.0 

9 cents’’. 

10 (3) Section 4041(a)(3)(A) of such Code is 

11 amended by striking ‘‘18.3 cents’’ and inserting ‘‘3.7 

12 cents’’. 

13 (4) Section 4041(m)(1) of such Code is amend14 ed— 

15 (A) in subparagraph (A), by striking 

16 ‘‘2016’’ and inserting ‘‘2021,’’; 

17 (B) in subparagraph (A)(i), by striking 

18 ‘‘9.15 cents’’ and inserting ‘‘1.8 cents’’; 

19 (C) in subparagraph (A)(ii), by striking 

20 ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and 

21 (D) by striking subparagraph (B) and in22 serting the following: 

23 ‘‘(B) zero after September 30, 2021.’’. 

24 (5) Section 4081(d)(1) of such Code is amend25 ed by striking ‘‘4.3 cents per gallon after September 


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1 30, 2016’’ and inserting ‘‘zero after September 30, 

2 2021’’. 

3 (6) Section 9503(b) of such Code is amended— 

4 (A) in paragraphs (1) and (2), by striking 

5 ‘‘October 1, 2016’’ both places it appears and 

6 inserting ‘‘October 1, 2021’’; 

7 (B) in the heading of paragraph (2), by 

8 striking ‘‘OCTOBER 1, 2016’’ and inserting ‘‘OC9 TOBER 1, 2021’’; 

10 (C) in paragraph (2), by striking ‘‘after 

11 September 30, 2016, and before July 1, 2017’’ 

12 and inserting ‘‘after September 30, 2021, and 

13 before July 1, 2022’’; and 

14 (D) in paragraph (6)(B), by striking 

15 ‘‘June 1, 2015’’ and inserting ‘‘October 1, 

16 2021’’. 

17 (c) FLOOR STOCK REFUNDS.— 

18 (1) IN GENERAL.—If— 

19 (A) before October 1, 2020, tax has been 

20 imposed under section 4081 of the Internal 

21 Revenue Code of 1986 on any liquid; and 

22 (B) on such date such liquid is held by a 

23 dealer and has not been used and is intended 

24 for sale; 


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1 there shall be credited or refunded (without interest) 

2 to the person who paid such tax (in this subsection 

3 referred to as the ‘‘taxpayer’’) an amount equal to 

4 the excess of the tax paid by the taxpayer over the 

5 amount of such tax which would be imposed on such 

6 liquid had the taxable event occurred on such date. 

7 (2) TIME FOR FILING CLAIMS.—No credit or re8 fund shall be allowed or made under this subsection 

9 unless— 

10 (A) claim therefor is filed with the Sec11 retary of the Treasury before April 1, 2021; 

12 and 

13 (B) in any case where liquid is held by a 

14 dealer (other than the taxpayer) on October 1, 

15 2020— 

16 (i) the dealer submits a request for re17 fund or credit to the taxpayer before Janu18 ary 1, 2021; and 

19 (ii) the taxpayer has repaid or agreed 

20 to repay the amount so claimed to such 

21 dealer or has obtained the written consent 

22 of such dealer to the allowance of the cred23 it or the making of the refund. 

24 (3) EXCEPTION FOR FUEL HELD IN RETAIL

25 STOCKS.—No credit or refund shall be allowed under 


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1 this subsection with respect to any liquid in retail 

2 stocks held at the place where intended to be sold 

3 at retail. 

4 (4) DEFINITIONS.—For purposes of this sub5 section, the terms ‘‘dealer’’ and ‘‘held by a dealer’’ 

6 have the respective meanings given to such terms by 

7 section 6412 of such Code; except that the term 

8 ‘‘dealer’’ includes a producer. 

9 (5) CERTAIN RULES TO APPLY.—Rules similar 

10 to the rules of subsections (b) and (c) of section 

11 6412 and sections 6206 and 6675 of such Code shall 

12 apply for purposes of this subsection. 

13 (d) EFFECTIVE DATES.— 

14 (1) IN GENERAL.—Except as provided in para15 graphs (2) and (3), the amendments made by this 

16 section shall apply to fuel removed after September 

17 30, 2020. 

18 (2) CERTAIN CONFORMING AMENDMENTS.— 

19 (A) The amendments made by subsection 

20 (b)(4) shall apply to fuel removed after Sep21 tember 30, 2016. 

22 (B) The amendments made by subpara23 graphs (A), (B), and (C) of subsection (b)(6) 

24 shall take effect on October 1, 2016. 


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1 (C) The amendment made by subsection 

2 (b)(6)(D) shall take effect on June 1, 2015. 

3 SEC. 9. REPORT TO CONGRESS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, after consultation with the appropriate com6 mittees of Congress, the Secretary of Transportation shall 

7 submit a report to Congress describing such technical and 

8 conforming amendments to titles 23 and 49, United States 

9 Code, and such technical and conforming amendments to 

10 other laws, as are necessary to bring those titles and other 

11 laws into conformity with the policy embodied in this Act 

12 and the amendments made by this Act. 

13 SEC. 10. EFFECTIVE DATE CONTINGENT ON CERTIFI14 CATION OF DEFICIT NEUTRALITY. 

15 (a) PURPOSE.—The purpose of this section is to en16 sure that— 

17 (1) this Act will become effective only if the Di18 rector of the Office of Management and Budget cer19 tifies that this Act is deficit neutral; 

20 (2) discretionary spending limits are reduced to 

21 capture the savings realized in devolving transpor22 tation functions to the State level pursuant to this 

23 Act; and 


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1 (3) the tax reduction made by this Act is not 

2 scored under pay-as-you-go and does not inadvert3 ently trigger a sequestration. 

4 (b) EFFECTIVE DATE CONTINGENCY.—Notwith5 standing any other provision of this Act, this Act and the 

6 amendments made by this Act shall take effect only if— 

7 (1) the Director of the Office of Management 

8 and Budget (referred to in this section as the ‘‘Di9 rector’’) submits the report as required in subsection 

10 (c); and 

11 (2) the report contains a certification by the Di12 rector that, based on the required estimates, the re13 duction in discretionary outlays resulting from the 

14 reduction in contract authority is at least as great 

15 as the reduction in revenues for each fiscal year 

16 through fiscal year 2020. 

17 (c) OMB ESTIMATES AND REPORT.— 

18 (1) REQUIREMENTS.—Not later than 5 cal19 endar days after the date of enactment of this Act, 

20 the Director shall— 

21 (A) estimate the net change in revenues re22 sulting from this Act for each fiscal year 

23 through fiscal year 2020; 

24 (B) estimate the net change in discre25 tionary outlays resulting from the reduction in 


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1 contract authority under this Act for each fiscal 

2 year through fiscal year 2020; 

3 (C) determine, based on those estimates, 

4 whether the reduction in discretionary outlays 

5 is at least as great as the reduction in revenues 

6 for each fiscal year through fiscal year 2020; 

7 and 

8 (D) submit to Congress a report setting 

9 forth the estimates and determination. 

10 (2) APPLICABLE ASSUMPTIONS AND GUIDE11 LINES.— 

12 (A) REVENUE ESTIMATES.—The revenue 

13 estimates required under paragraph (1)(A) 

14 shall be predicated on the same economic and 

15 technical assumptions and score keeping guide16 lines that would be used for estimates made 

17 pursuant to section 252(d) of the Balanced 

18 Budget and Emergency Deficit Control Act of 

19 1985 (2 U.S.C. 902(d)). 

20 (B) OUTLAY ESTIMATES.—The outlay esti21 mates required under paragraph (1)(B) shall be 

22 determined by comparing the level of discre23 tionary outlays resulting from this Act with the 

24 corresponding level of discretionary outlays pro25 jected in the baseline under section 257 of the 


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1 Balanced Budget and Emergency Deficit Con2 trol Act of 1985 (2 U.S.C. 907). 

3 (d) CONFORMING ADJUSTMENT TO DISCRETIONARY

4 SPENDING LIMITS.—On compliance with the requirements 

5 specified in subsection (b), the Director shall adjust the 

6 adjusted discretionary spending limits for each fiscal year 

7 through fiscal year 2020 under section 601(a)(2) of the 

8 Congressional Budget Act of 1974 (2 U.S.C. 665(a)(2)) 

9 by the estimated reductions in discretionary outlays under 

10 subsection (c)(1)(B). 

11 (e) PAYGO INTERACTION.—On compliance with the 

12 requirements specified in subsection (b), no changes in 

13 revenues estimated to result from the enactment of this 

14 Act shall be counted for the purposes of section 252(d) 

15 of the Balanced Budget and Emergency Deficit Control 

16 Act of 1985 (2 U.S.C. 902(d)). 

Æ 


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