II 

114TH CONGRESS 

1ST SESSION S. 1541 

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

programs and mass transit programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2015 

Mr. LEE (for himself, Mr. RUBIO, Mr. CRUZ, Mr. FLAKE, Mr. VITTER, and 

Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Finance 

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— 

8 (1) the objective of the Federal highway pro9 gram has been to facilitate the construction of a 


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1 modern freeway system that promotes efficient inter2 state commerce by connecting all States; 

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

4 been attained, and the Interstate System connecting 

5 all States is near completion; 

6 (3) each State has the responsibility of pro7 viding an efficient transportation network for the 

8 residents of the State; 

9 (4) each State has the means to build and oper10 ate a network of transportation systems, including 

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

12 (5) each State is best capable of determining 

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

14 (6) the Federal role in highway transportation 

15 has, over time, usurped the role of the States by tax16 ing motor fuels used in the States and then distrib17 uting the proceeds to the States based on the per18 ceptions of the Federal Government on what is best 

19 for the States; 

20 (7) the Federal Government has used the Fed21 eral motor fuels tax revenues to force all States to 

22 take actions that are not necessarily appropriate for 

23 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, and the 

23 highway safety improvement program under 

24 section 148 of that title, for each of fiscal years 

25 2016 through 2020, an aggregate amount not 


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1 to exceed 10 percent of the balance of the 

2 Highway Trust Fund (other than such Mass 

3 Transit Account) as estimated (taking into ac4 count estimated revenues) at the beginning of 

5 each such fiscal year. 

6 (B) EMERGENCY RELIEF.—For emergency 

7 relief under section 125 of title 23, United 

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

9 years 2016 through 2020. 

10 (C) FEDERAL LANDS PROGRAMS.— 

11 (i) FEDERAL LANDS TRANSPOR12 TATION PROGRAM.—For the Federal lands 

13 transportation program under section 203 

14 of title 23, United States Code, 

15 $300,000,000 for each of fiscal years 2016 

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

17 the amount made available for each fiscal 

18 year shall be the amount for the National 

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

20 amount made available for each fiscal year 

21 shall be the amount for the United States 

22 Fish and Wildlife Service. 

23 (ii) FEDERAL LANDS ACCESS PRO24 GRAM.—For the Federal lands access pro25 gram under section 204 of title 23, United 


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1 States Code, $250,000,000 for each of fis2 cal years 2016 through 2020. 

3 (D) ADMINISTRATIVE EXPENSES.—Section 

4 104(a) of title 23, United States Code, is 

5 amended by striking paragraph (1) and insert6 ing the following: 

7 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

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

9 to be appropriated from the Highway Trust 

10 Fund (other than the Mass Transit Account) 

11 for each of fiscal years 2016 through 2020, to 

12 be made available to the Secretary for adminis13 trative expenses of the Federal Highway Ad14 ministration, an amount equal to 1 percent of 

15 the balance of the Highway Trust Fund (other 

16 than such Mass Transit Account) as estimated 

17 (taking into account estimated revenues) at the 

18 beginning of each such fiscal year. 

19 ‘‘(B)(i) Notwithstanding any other provi20 sion of law, it shall not be in order in the Sen21 ate or the House of Representatives to consider 

22 any measure that would make available for ex23 penditure from the Highway Trust Fund (other 

24 than the Mass Transit Account) for a fiscal 

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1 ized under subparagraph (A) for such fiscal 

2 year. 

3 ‘‘(ii)(I) Clause (i) may be waived or sus4 pended in the Senate only by the affirmative 

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

6 sworn. 

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

8 from the decisions of the Chair relating to sub9 clause (I) shall be limited to 1 hour, to be 

10 equally divided between, and controlled by, the 

11 mover and the manager of the measure that 

12 would make available for expenditure from the 

13 Fund for a fiscal year an amount less than the 

14 amount described in subparagraph (A). An affirmative vote of 3 15 ⁄5 of the Members, duly cho16 sen and sworn, shall be required in the Senate 

17 to sustain an appeal of the ruling of the Chair 

18 on a point of order raised in relation to sub19 clause (I). 

20 ‘‘(iii) This subparagraph is enacted by 

21 Congress— 

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

23 power of the House of Representatives and 

24 the Senate, respectively, and as such it is 

25 deemed a part of the rules of each House, 


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1 respectively, but applicable only with re2 spect to the procedure to be followed in 

3 that House in the case of a joint resolu4 tion, and it supersedes other rules only to 

5 the extent that it is inconsistent with those 

6 rules; and 

7 ‘‘(II) with full recognition of the con8 stitutional right of either House to change 

9 the rules (so far as relating to the proce10 dure of that House) at any time, in the 

11 same manner and to the same extent as in 

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

13 (2) TRANSFERABILITY OF FUNDS.—Section 104 

14 of title 23, United States Code, is amended by strik15 ing subsection (f) and inserting the following: 

16 ‘‘(f) TRANSFERABILITY OF FUNDS.— 

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

18 determines that funds made available under this title 

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

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

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

22 any surface transportation (including mass transit 

23 and rail) purpose in the State. 

24 ‘‘(2) ENFORCEMENT.—If the Secretary deter25 mines that a State has transferred funds under 


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

2 transportation purpose as described in paragraph 

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

4 shall be deducted from any amount the State would 

5 otherwise receive from the Highway Trust Fund for 

6 the fiscal year that begins after the date of the de7 termination.’’. 

8 (3) FEDERAL-AID SYSTEM.— 

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

10 23, United States Code, is amended by striking 

11 ‘‘the National Highway System, which in12 cludes’’. 

13 (B) CONFORMING AMENDMENTS.—Chapter 

14 1 of title 23, United States Code, is amended— 

15 (i) in section 103 by striking the sec16 tion designation and heading and inserting 

17 the following: 

18 ‘‘§ 103. Federal-aid system’’; 

19 and 

20 (ii) in the analysis by striking the 

21 item relating to section 103 and inserting 

22 the following: 

‘‘103. Federal-aid system.’’. 

23 (4) CALCULATION OF STATE AMOUNTS.—Sec24 tion 104(c)(2) of title 23, United States Code, is 

25 amended— 


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1 (A) in the paragraph heading by striking 

2 ‘‘FOR FISCAL YEAR 2014’’ and inserting ‘‘SUB3 SEQUENT FISCAL YEARS’’; and 

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

5 year 2014’’ and inserting ‘‘fiscal year 2014 and 

6 each subsequent fiscal year’’. 

7 (5) FEDERALIZATION AND DEFEDERALIZATION

8 OF PROJECTS.—Notwithstanding any other provision 

9 of law, beginning on October 1, 2015— 

10 (A) a highway construction or improve11 ment project shall not be considered to be a 

12 Federal highway construction or improvement 

13 project unless and until a State expends Fed14 eral funds for the construction portion of the 

15 project; 

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

18 Federal highway construction or improvement 

19 project solely by reason of the expenditure of 

20 Federal funds by a State before the construc21 tion phase of the project to pay expenses relat22 ing to the project, including for any environ23 mental document or design work required for 

24 the project; and 


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1 (C)(i) a State may, after having used Fed2 eral funds to pay all or a portion of the costs 

3 of a highway construction or improvement 

4 project, reimburse the Federal Government in 

5 an amount equal to the amount of Federal 

6 funds so expended; and 

7 (ii) after completion of a reimbursement 

8 described in clause (i), a highway construction 

9 or improvement project described in that clause 

10 shall no longer be considered to be a Federal 

11 highway construction or improvement project. 

12 (6) REPORTING REQUIREMENTS.—No reporting 

13 requirement, other than a reporting requirement in 

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

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

16 Federal funds for highway projects by a public-pri17 vate partnership. 

18 (b) EXPENDITURES FROM HIGHWAY TRUST

19 FUND.— 

20 (1) EXPENDITURES FOR CORE PROGRAMS.— 

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

22 1986 is amended— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘June 1, 2015’’ and in25 serting ‘‘October 1, 2022’’; and 


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1 (ii) by striking ‘‘Highway and Trans2 portation Funding Act of 2014’’ and in3 serting ‘‘Transportation Empowerment 

4 Act’’; 

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

6 2017’’ and inserting ‘‘July 1, 2022’’; and 

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

8 1, 2011’’ and inserting ‘‘October 1, 2022’’. 

9 (2) AMOUNTS AVAILABLE FOR CORE PROGRAM

10 EXPENDITURES.—Section 9503 of the Internal Rev11 enue Code of 1986 is amended by adding at the end 

12 the following: 

13 ‘‘(g) CORE PROGRAMS FINANCING RATE.—For pur14 poses of this section— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2)— 

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

18 motor fuels the tax rate of which is the rate 

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

20 programs financing rate is— 

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

22 before October 1, 2017, 18.3 cents per gal23 lon, 


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

2 before October 1, 2018, 9.6 cents per gal3 lon, 

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

5 before October 1, 2019, 6.4 cents per gal6 lon, 

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

8 before October 1, 2020, 5.0 cents per gal9 lon, and 

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

11 cents per gallon, and 

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

13 and special motor fuels the tax rate of which is 

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

15 the core programs financing rate is— 

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

17 before October 1, 2017, 24.3 cents per gal18 lon, 

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

20 before October 1, 2018, 12.7 cents per gal21 lon, 

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

23 before October 1, 2019, 8.5 cents per gal24 lon, 


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

2 before October 1, 2020, 6.6 cents per gal3 lon, and 

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

5 cents per gallon. 

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

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

8 and (5) of subsection (c), the core programs financ9 ing rate is zero.’’. 

10 (c) TERMINATION OF MASS TRANSIT ACCOUNT.— 

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

12 amended— 

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

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

15 ‘‘March 31, 1983’’; and 

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

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

18 October 1, 2016, the Secretary shall transfer all 

19 amounts in the Mass Transit Account to the High20 way Account.’’. 

21 (d) EFFECTIVE DATE.—The amendments and re22 peals made by this section shall take effect on October 

23 1, 2016. 


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1 SEC. 5. FEDERAL-AID HIGHWAY PROGRAM. 

2 (a) NATIONAL HIGHWAY PERFORMANCE PRO3 GRAM.— 

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

5 23, United States Code, is amended— 

6 (A) by striking subparagraph (H); 

7 (B) by striking subparagraph (M); 

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

9 (D) by redesignating subparagraphs (I), 

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

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

12 (2) REPEAL OF ENVIRONMENTAL MITIGATION

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

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

15 (b) SURFACE TRANSPORTATION PROGRAM.— 

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

17 United States Code, is amended— 

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

19 projects, fringe and corridor parking facilities 

20 and programs, including electric vehicle and 

21 natural gas infrastructure in accordance with 

22 section 137, bicycle transportation and pedes23 trian walkways in accordance with section 217, 

24 and the’’ and inserting ‘‘Any’’; 

25 (B) by striking paragraph (11); 


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

2 at the end; 

3 (D) by striking paragraph (14); 

4 (E) by striking paragraph (17); 

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

6 collection, maintenance, and integration’’ and 

7 inserting ‘‘the maintenance and integration of 

8 data’’; and 

9 (G) by redesignating paragraphs (12), 

10 (13), (15), (16), (18), (19), (20), (21), (22), 

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

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

13 (20), (21), (22), and (23), respectively. 

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

15 HIGHWAYS PROVISIONS.—Section 133 of title 23, 

16 United States Code, is amended— 

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

18 (B) by redesignating subsection (h) as sub19 section (g). 

20 (3) CONFORMING AMENDMENTS.— 

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

22 United States Code, is amended by striking 

23 ‘‘133(b)(11), 328(a),’’ and inserting ‘‘328(a)’’. 

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

25 States Code, is amended— 


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1 (i) by striking paragraph (1); 

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

3 ‘‘(11), (20), (25), and (26)’’ and inserting 

4 ‘‘(17), (22), and (23)’’; and 

5 (iii) by redesignating paragraphs (2) 

6 and (3) as paragraphs (1) and (2), respec7 tively. 

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

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

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

11 (c) METROPOLITAN TRANSPORTATION PLANNING.— 

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

13 United States Code, is repealed. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) The chapter analysis for chapter 1 of 

16 title 23, United States Code, is amended by 

17 striking the item relating to section 134. 

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

19 States Code, is amended by inserting ‘‘(as in ef20 fect on the day before the date of enactment of 

21 the Transportation Empowerment Act)’’ after 

22 ‘‘title 23’’. 

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

24 States Code, is amended by striking subpara25 graph (B) and inserting the following: 


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1 ‘‘(B) COOPERATION.—In proposing a 

2 modification under this paragraph, a State shall 

3 cooperate with local and regional officials.’’. 

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

5 Code, is amended— 

6 (i) in subsection (b)— 

7 (I) in the matter preceding para8 graph (1), by striking ‘‘, and to carry 

9 out section 134’’; and 

10 (II) by striking paragraph (5); 

11 (ii) in subsection (d)(1)— 

12 (I) by striking subparagraph (B); 

13 (II) by striking ‘‘(A) USE.—’’; 

14 (III) by redesignating clauses (i) 

15 and (ii) as subparagraphs (A) and 

16 (B), respectively, and indenting appro17 priately; 

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

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

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

21 and 

22 (V) in subparagraphs (A) and 

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

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

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1 tation Empowerment Act)’’ after 

2 ‘‘subsection (b)(5)’’ each place it ap3 pears; and 

4 (iii) in subsection (d)(2)— 

5 (I) by striking ‘‘STATES.—’’ and 

6 all that follows through ‘‘The distribu7 tion’’ in subparagraph (A), in the 

8 matter preceding clause (i), and in9 serting ‘‘STATES.—The distribution’’; 

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

11 carry out section 134 and’’; 

12 (III) by striking subparagraph 

13 (B); and 

14 (IV) by redesignating clauses (i) 

15 and (ii) as subparagraphs (A) and 

16 (B), respectively, and indenting appro17 priately. 

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

19 United States Code, is amended by striking 

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

21 135’’. 

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

23 United States Code, is amended by striking 

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

25 135’’. 


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

2 United States Code, is amended by striking 

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

4 135’’. 

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

6 States Code, is amended— 

7 (i) by striking paragraph (2); 

8 (ii) in paragraph (5), by striking ‘‘sec9 tions 134 and 135’’ and inserting ‘‘section 

10 135’’; and 

11 (iii) by redesignating paragraphs (3), 

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

13 (4), respectively. 

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

15 Code, is amended— 

16 (i) in subsection (a)— 

17 (I) in paragraph (1)— 

18 (aa) by striking ‘‘Subject to 

19 section 134, to’’ and inserting 

20 ‘‘To’’; and 

21 (bb) by inserting ‘‘(as in ef22 fect on the day before the date of 

23 enactment of the Transportation 

24 Empowerment Act)’’ after ‘‘sec25 tion 134(a)’’; and 


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1 (II) in paragraph (3), by insert2 ing ‘‘(as in effect on the day before 

3 the date of enactment of the Trans4 portation Empowerment Act)’’ after 

5 ‘‘section 134(a)’’; 

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

7 ‘‘with the transportation planning activities 

8 carried out under section 134 for metro9 politan areas of the State and’’; 

10 (iii) in subsection (f)(2)— 

11 (I) by striking subparagraph (A); 

12 and 

13 (II) by redesignating subpara14 graphs (B), (C), and (D) as subpara15 graphs (A), (B), and (C), respectively; 

16 (iv) in subsection (g)— 

17 (I) in paragraph (2)— 

18 (aa) by striking subpara19 graph (A); and 

20 (bb) by redesignating sub21 paragraphs (B) and (C) as sub22 paragraphs (A) and (B), respec23 tively; and 

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

25 ‘‘and section 134’’; and 


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

2 section 134’’ each place it appears. 

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

4 Code, is amended— 

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

6 (ii) by redesignating subsections (f) 

7 and (g) as subsections (e) and (f), respec8 tively. 

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

10 Code, is amended— 

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

12 (ii) by redesignating subsections (e) 

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

14 respectively. 

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

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

17 a transportation plan developed under section 

18 134’’. 

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

20 States Code, is amended by striking ‘‘sections 

21 134 and 135’’ and inserting ‘‘section 135’’. 

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

23 States Code, is amended in the first sentence by 

24 striking ‘‘metropolitan planning organization 

25 and State in accordance with section 134 and 


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1 135, respectively’’ and inserting ‘‘State in ac2 cordance with section 135’’. 

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

4 United States Code, is amended— 

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

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

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

8 or’’. 

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

10 Code, is amended— 

11 (i) in subsection (a)(2)— 

12 (I) by striking ‘‘metropolitan 

13 and’’; and 

14 (II) by striking ‘‘sections 134 

15 and 135’’ and inserting ‘‘section 

16 135’’; and 

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

18 ‘‘sections 134 and 135’’ and inserting 

19 ‘‘section 135’’. 

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

21 States Code, is amended by striking ‘‘sections 

22 134 and 135’’ and inserting ‘‘section 135’’. 

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

24 States Code, is amended by striking ‘‘section 

25 133(d)(3)’’ and inserting ‘‘section 133(d)(2)’’. 


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

2 U.S.C. 7504) is amended— 

3 (i) in the fourth sentence of sub4 section (a), by striking ‘‘the metropolitan 

5 planning organization designated to con6 duct the continuing, cooperative and com7 prehensive transportation planning process 

8 for the area under section 134 of title 23, 

9 United States Code,’’; 

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

11 (iii) by redesignating subsection (c) as 

12 subsection (b). 

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

14 (42 U.S.C. 7506(c)) is amended— 

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

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

17 134(i) of title 23, United States Code, or’’; 

18 and 

19 (ii) in paragraph (9), by striking ‘‘sec20 tion 134(i) of title 23, United States Code, 

21 or’’. 

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

23 (42 U.S.C. 7511a(c)(5)) is amended— 

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

25 inserting ‘‘Beginning’’; and 


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1 (ii) in the last sentence by striking 

2 ‘‘and with the requirements of section 

3 174(b)’’. 

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

5 States Code, is amended— 

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

7 each place it appears and inserting ‘‘sec8 tion 135’’; and 

9 (ii) by striking ‘‘this this’’ and insert10 ing ‘‘this’’. 

11 (d) NATIONAL BRIDGE AND TUNNEL INVENTORY

12 AND INSPECTION STANDARDS.— 

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

14 United States Code, is amended— 

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

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

17 and 

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

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

20 bridge’’. 

21 (2) REPEAL OF HISTORIC BRIDGES PROVI22 SIONS.—Section 144(g) of title 23, United States 

23 Code, is repealed. 

24 (e) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 


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

2 United States Code, is amended— 

3 (A) in subsection (a)— 

4 (i) in paragraph (4)(B)— 

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

6 (II) by redesignating clauses (vi) 

7 through (xxiv) as clauses (v) through 

8 (xxiii), respectively; 

9 (ii) in paragraph (8), by striking ‘‘bi10 cyclist,’’; and 

11 (iii) by striking paragraphs (11) 

12 through (13); 

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

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

15 (C) by redesignating subsection (j) as sub16 section (b). 

17 (2) CONFORMING AMENDMENTS.— 

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

19 States Code, is amended by inserting ‘‘(as in ef20 fect on the day before the date of enactment of 

21 the Transportation Empowerment Act)’’ after 

22 ‘‘section 148(a)’’. 

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

24 United States Code, is amended by inserting 

25 ‘‘(as in effect on the day before the date of enVerDate Sep 11 2014 02:21 Jun 11, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1541.IS S1541

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1 actment of the Transportation Empowerment 

2 Act)’’ after ‘‘section 148(a)’’. 

3 (f) REPEAL OF CONGESTION MITIGATION AND AIR

4 QUALITY IMPROVEMENT PROGRAM.— 

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

6 United States Code, is repealed. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) The chapter analysis for chapter 1 of 

9 title 23, United States Code, is amended by 

10 striking the item relating to section 149. 

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

12 States Code, is amended in the matter pre13 ceding paragraph (1), by striking ‘‘section, sec14 tion 133, or section 149’’ and inserting ‘‘section 

15 or section 133’’. 

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

17 Code, is amended— 

18 (i) in subsection (c)— 

19 (I) by striking paragraph (5); 

20 and 

21 (II) by redesignating paragraph 

22 (6) as paragraph (5); and 

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

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


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

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

3 congestion mitigation and air quality improve4 ment program under section 149’’. 

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

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

7 (g) REPEAL OF TRANSPORTATION ALTERNATIVES

8 PROGRAM.—The following provisions are repealed: 

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

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

11 analysis for chapter 1 of title 23, United States 

12 Code. 

13 (h) NATIONAL DEFENSE HIGHWAYS.—Section 311 

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

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

16 subsection (a) of section 104 of this title’’ and in17 serting ‘‘to carry out this section’’; and 

18 (2) by striking the second sentence. 

19 SEC. 6. FUNDING FOR HIGHWAY RESEARCH AND DEVELOP20 MENT PROGRAM. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated out of the Highway Trust 

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

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

25 $115,000,000 for each of fiscal years 2016 through 2020. 


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1 (b) APPLICABILITY OF TITLE 23, UNITED STATES

2 CODE.—Funds authorized to be appropriated by sub3 section (a) shall— 

4 (1) be available for obligation in the same man5 ner as if those funds were apportioned under chap6 ter 1 of title 23, United States Code, except that the 

7 Federal share of the cost of a project or activity car8 ried out using those funds shall be 80 percent, un9 less otherwise expressly provided by this Act (includ10 ing the amendments by this Act) or otherwise deter11 mined by the Secretary; and 

12 (2) remain available until expended and not be 

13 transferable. 

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

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

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

17 the following: 

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

19 STATES FOR SURFACE TRANSPORTATION PUR20 POSES.— 

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

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

23 2019, the Secretary, in consultation with the 

24 Secretary of Transportation, shall— 

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


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1 ‘‘(I) the amounts appropriated in 

2 such fiscal year to the Highway Trust 

3 Fund under subsection (b) which are 

4 attributable to the taxes described in 

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

6 the application of paragraph (4) 

7 thereof) over the sum of— 

8 ‘‘(II) the amounts so appro9 priated which are equivalent to— 

10 ‘‘(aa) such amounts attrib11 utable to the core programs fi12 nancing rate for such year, plus 

13 ‘‘(bb) the taxes described in 

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

15 (5) of subsection (c), and 

16 ‘‘(ii) allocate the amount determined 

17 under clause (i) among the States (as de18 fined in section 101(a) of title 23, United 

19 States Code) for surface transportation 

20 (including mass transit and rail) purposes 

21 so that— 

22 ‘‘(I) the percentage of that 

23 amount allocated to each State, is 

24 equal to 


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1 ‘‘(II) the percentage of the 

2 amount determined under clause (i)(I) 

3 paid into the Highway Trust Fund in 

4 the latest fiscal year for which such 

5 data are available which is attrib6 utable to highway users in the State. 

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

8 determines that a State has used amounts 

9 under subparagraph (A) for a purpose which is 

10 not a surface transportation purpose as de11 scribed in subparagraph (A), the improperly 

12 used amounts shall be deducted from any 

13 amount the State would otherwise receive from 

14 the Highway Trust Fund for the fiscal year 

15 which begins after the date of the determina16 tion.’’. 

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

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

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

20 KEROSENE, AND SPECIAL FUELS FUNDING 

21 HIGHWAY TRUST FUND. 

22 (a) REDUCTION IN TAX RATE.— 

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

24 Internal Revenue Code of 1986 is amended— 


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

2 and inserting ‘‘3.7 cents’’; and 

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

4 and inserting ‘‘5.0 cents’’. 

5 (2) CONFORMING AMENDMENTS.— 

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

7 amended— 

8 (i) by striking ‘‘19.7 cents’’ and in9 serting ‘‘4.1 cents’’, and 

10 (ii) by striking ‘‘24.3 cents’’ and in11 serting ‘‘5.0 cents’’. 

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

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

14 ‘‘1.5 cents’’. 

15 (b) ADDITIONAL CONFORMING AMENDMENTS.— 

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

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

18 cents per gallon (4.3 cents per gallon after Sep19 tember 30, 2016)’’ and inserting ‘‘1.4 cents per gal20 lon (zero after September 30, 2021)’’. 

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

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

23 cents’’. 


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

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

3 cents’’. 

4 (4) Section 4041(m)(1) of such Code is amend5 ed— 

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

7 ‘‘2016’’ and inserting ‘‘2021,’’; 

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

9 ‘‘9.15 cents’’ and inserting ‘‘1.8 cents’’; 

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

11 ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and 

12 (D) by striking subparagraph (B) and in13 serting the following: 

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

15 (5) Section 4081(d)(1) of such Code is amend16 ed by striking ‘‘4.3 cents per gallon after September 

17 30, 2016’’ and inserting ‘‘zero after September 30, 

18 2021’’. 

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

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

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

22 inserting ‘‘October 1, 2021’’; 

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

24 striking ‘‘OCTOBER 1, 2016’’ and inserting ‘‘OC25 TOBER 1, 2021’’; 


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

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

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

4 before July 1, 2022’’; and 

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

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

7 2021’’. 

8 (c) FLOOR STOCK REFUNDS.— 

9 (1) IN GENERAL.—If— 

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

11 imposed under section 4081 of the Internal 

12 Revenue Code of 1986 on any liquid; and 

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

14 dealer and has not been used and is intended 

15 for sale; 

16 there shall be credited or refunded (without interest) 

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

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

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

20 amount of such tax which would be imposed on such 

21 liquid had the taxable event occurred on such date. 

22 (2) TIME FOR FILING CLAIMS.—No credit or re23 fund shall be allowed or made under this subsection 

24 unless— 


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1 (A) claim therefor is filed with the Sec2 retary of the Treasury before April 1, 2021; 

3 and 

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

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

6 2020— 

7 (i) the dealer submits a request for re8 fund or credit to the taxpayer before Janu9 ary 1, 2021; and 

10 (ii) the taxpayer has repaid or agreed 

11 to repay the amount so claimed to such 

12 dealer or has obtained the written consent 

13 of such dealer to the allowance of the cred14 it or the making of the refund. 

15 (3) EXCEPTION FOR FUEL HELD IN RETAIL

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

17 this subsection with respect to any liquid in retail 

18 stocks held at the place where intended to be sold 

19 at retail. 

20 (4) DEFINITIONS.—For purposes of this sub21 section, the terms ‘‘dealer’’ and ‘‘held by a dealer’’ 

22 have the respective meanings given to such terms by 

23 section 6412 of such Code; except that the term 

24 ‘‘dealer’’ includes a producer. 


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

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

3 6412 and sections 6206 and 6675 of such Code shall 

4 apply for purposes of this subsection. 

5 (d) EFFECTIVE DATES.— 

6 (1) IN GENERAL.—Except as provided in para7 graphs (2) and (3), the amendments made by this 

8 section shall apply to fuel removed after September 

9 30, 2020. 

10 (2) CERTAIN CONFORMING AMENDMENTS.— 

11 (A) The amendments made by subsection 

12 (b)(4) shall apply to fuel removed after Sep13 tember 30, 2016. 

14 (B) The amendments made by subpara15 graphs (A), (B), and (C) of subsection (b)(6) 

16 shall take effect on October 1, 2016. 

17 (C) The amendment made by subsection 

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

19 SEC. 9. REPORT TO CONGRESS. 

20 Not later than 180 days after the date of enactment 

21 of this Act, after consultation with the appropriate com22 mittees of Congress, the Secretary of Transportation shall 

23 submit a report to Congress describing such technical and 

24 conforming amendments to titles 23 and 49, United States 

25 Code, and such technical and conforming amendments to 


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

2 laws into conformity with the policy embodied in this Act 

3 and the amendments made by this Act. 

4 SEC. 10. EFFECTIVE DATE CONTINGENT ON CERTIFI5 CATION OF DEFICIT NEUTRALITY. 

6 (a) PURPOSE.—The purpose of this section is to en7 sure that— 

8 (1) this Act will become effective only if the Di9 rector of the Office of Management and Budget cer10 tifies that this Act is deficit neutral; 

11 (2) discretionary spending limits are reduced to 

12 capture the savings realized in devolving transpor13 tation functions to the State level pursuant to this 

14 Act; and 

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

16 scored under pay-as-you-go and does not inadvert17 ently trigger a sequestration. 

18 (b) EFFECTIVE DATE CONTINGENCY.—Notwith19 standing any other provision of this Act, this Act and the 

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

21 (1) the Director of the Office of Management 

22 and Budget (referred to in this section as the ‘‘Di23 rector’’) submits the report as required in subsection 

24 (c); and 


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1 (2) the report contains a certification by the Di2 rector that, based on the required estimates, the re3 duction in discretionary outlays resulting from the 

4 reduction in contract authority is at least as great 

5 as the reduction in revenues for each fiscal year 

6 through fiscal year 2020. 

7 (c) OMB ESTIMATES AND REPORT.— 

8 (1) REQUIREMENTS.—Not later than 5 cal9 endar days after the date of enactment of this Act, 

10 the Director shall— 

11 (A) estimate the net change in revenues re12 sulting from this Act for each fiscal year 

13 through fiscal year 2020; 

14 (B) estimate the net change in discre15 tionary outlays resulting from the reduction in 

16 contract authority under this Act for each fiscal 

17 year through fiscal year 2020; 

18 (C) determine, based on those estimates, 

19 whether the reduction in discretionary outlays 

20 is at least as great as the reduction in revenues 

21 for each fiscal year through fiscal year 2020; 

22 and 

23 (D) submit to Congress a report setting 

24 forth the estimates and determination. 


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1 (2) APPLICABLE ASSUMPTIONS AND GUIDE2 LINES.— 

3 (A) REVENUE ESTIMATES.—The revenue 

4 estimates required under paragraph (1)(A) 

5 shall be predicated on the same economic and 

6 technical assumptions and score keeping guide7 lines that would be used for estimates made 

8 pursuant to section 252(d) of the Balanced 

9 Budget and Emergency Deficit Control Act of 

10 1985 (2 U.S.C. 902(d)). 

11 (B) OUTLAY ESTIMATES.—The outlay esti12 mates required under paragraph (1)(B) shall be 

13 determined by comparing the level of discre14 tionary outlays resulting from this Act with the 

15 corresponding level of discretionary outlays pro16 jected in the baseline under section 257 of the 

17 Balanced Budget and Emergency Deficit Con18 trol Act of 1985 (2 U.S.C. 907). 

19 (d) CONFORMING ADJUSTMENT TO DISCRETIONARY

20 SPENDING LIMITS.—On compliance with the requirements 

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

22 adjusted discretionary spending limits for each fiscal year 

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

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


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1 by the estimated reductions in discretionary outlays under 

2 subsection (c)(1)(B). 

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

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

5 revenues estimated to result from the enactment of this 

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

7 of the Balanced Budget and Emergency Deficit Control 

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

Æ 


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