I
104TH CONGRESS
2D SESSION
H. R. 3840
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
JULY 17, 1996
Mr. KASICH (for himself, Mrs. THURMAN, Mr. DREIER, Mr. MILLER of Cali-
fornia, Ms. PRYCE, Mr. GILLMOR, Mr. WALKER, Mr. INGLIS of South
Carolina, Mr. CONDIT, Mr. SMITH of Michigan, Mr. HOBSON, Mr.
CHRYSLER, Mr. MILLER of Florida, Mr. SHAW, Mr. MCCOLLUM, and Mr.
LARGENT) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Ways and Means, 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 pro-
grams, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Transportation
Empowerment Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) it is the policy of the United States to pro-
mote a modern, efficient, safe, and environmentally
sound transportation network, in order to maintain
and improve the quality of life in the United States,
and to enable the domestic industries of the United
States to be competitive in the world marketplace;
(2)(A) Federal transportation policies no longer
adequately serve the transportation needs of the
United States;
(B) Federal regulations, micromanagement, and
earmarks cost States billions of dollars annually and
hinder the ability of States to maintain, modernize,
and expand their transportation systems; and
(C) the legacy of our federally run transpor-
tation system will be an infrastructure that many
acknowledge our present system cannot support and
will not meet the needs of growing populations;
(3)(A) maintaining a modern and efficient
transportation system does not require Federal
micromanagement of States’ transportation dollars;
(B) States have the financial and technical
abilities necessary to maintain and improve their
transportation without paternalistic Federal over-
sight; and
(C) States have the incentives and ability to
maintain the quality, safety, and continuity of all
roads, including routes on the Interstate System;
and
(4)(A) with the completion of the Interstate
System, the transportation infrastructure needs of
the United States have shifted to maintaining, mod-
ernizing, and expanding the Interstate System; and
(B) States are faced with billions of dollars in
unmet maintenance and modernization needs and a
highly restrictive and costly Federal program.
(b) PURPOSES.—The purposes of this Act are—
(1) to return primary transportation program
responsibility and taxing authority to the States so
as to—
(A) free States’ transportation dollars from
Federal micromanagement, earmarking, and
budgetary pressures; and
(B) enable decisions regarding which infra-
structure projects will be built, how they will be
financed, and how they will be regulated to be
made by persons best able to make the deci-
sions: people who drive on the highways;
(2) through interstate compacts and in conjunc-
tion with metropolitan planning organizations estab-
lished under section 134 of title 23, United States
Code, to permit States to jointly plan and finance
infrastructure improvements and ensure quality and
continuity for infrastructure improvements without
mandates from the Federal Government; and
(3) in carrying out paragraphs (1) and (2), to
reduce Federal spending and receipts by a commen-
surate amount in order to ensure deficit neutrality.
SEC. 3. CONTINUATION OF FUNDING FOR CORE HIGHWAY
PROGRAMS.
(a) IN GENERAL.—
(1) FUNDING.—Section 1003 of the Intermodal
Surface Transportation Efficiency Act of 1991
(Public Law 102–240; 105 Stat. 1918) is amended
by striking subsection (a) and inserting the following
new subsection:
‘‘(a) HIGHWAY TRUST FUND.—For the purpose of
carrying out title 23, United States Code, the following
sums are authorized to be appropriated out of the High-
way Trust Fund:
‘‘(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 119 of the title, $2,431,000,000 for fiscal year
1992, 
$2,913,000,000 
for 
fiscal 
year 
1993,
$2,914,000,000 for each of fiscal years 1994
through 1997, $2,989,000,000 for fiscal year 1998,
$3,083,000,000 
for 
fiscal 
year 
1999,
$3,170,000,000 
for 
fiscal 
year 
2000, 
and
$3,259,000,000 for fiscal year 2001.
‘‘(2) BRIDGE PROGRAM.—
‘‘(A) FULL
BRIDGE
PROGRAM.—For the
bridge program under section 144 of the title
(as in effect on the day before the date of en-
actment of the Transportation Empowerment
Act), $2,288,000,000 for fiscal year 1992,
$2,762,000,000 for each of fiscal years 1993
through 1995, and $2,763,000,000 for each of
fiscal years 1996 and 1997.
‘‘(B) INTERSTATE AND INDIAN RESERVA-
TION
BRIDGE
PROGRAM.—For the Interstate
and Indian reservation bridge program under
section 144 of the title, $1,183,000,000 for fis-
cal year 1998, $1,217,000,000 for fiscal year
1999, $1,251,000,000 for fiscal year 2000, and
$1,286,000,000 for fiscal year 2001.
‘‘(3) FEDERAL LANDS HIGHWAYS PROGRAM.—
‘‘(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
the title, $159,000,000 for fiscal year 1992,
$191,000,000 for each of fiscal years 1993
through 1997, $197,000,000 for fiscal year
1998, $202,000,000 for fiscal year 1999,
$208,000,000 
for 
fiscal 
year 
2000, 
and
$214,000,000 for fiscal year 2001.
‘‘(B) PUBLIC
LANDS
HIGHWAYS.—For
public lands highways under section 204 of the
title, $143,000,000 for fiscal year 1992,
$171,000,000 for each of fiscal years 1993
through 1995, $172,000,000 for each of fiscal
years 1996 and 1997, $177,000,000 for fiscal
year 1998, $182,000,000 for fiscal year 1999,
$187,000,000 
for 
fiscal 
year 
2000, 
and
$192,000,000 for fiscal year 2001.
‘‘(C) PARKWAYS AND PARK ROADS.—For
parkways and park roads under section 204 of
the title, $69,000,000 for fiscal year 1992,
$83,000,000 for each of fiscal years 1993
through 1995, $84,000,000 for each of fiscal
years 1996 and 1997, $86,000,000 for fiscal
year 1998, $89,000,000 for fiscal year 1999,
$91,000,000 
for 
fiscal 
year 
2000, 
and
$94,000,000 for fiscal year 2001.’’.
(2) FEDERAL-AID SYSTEM.—Section 103(a) of
title 23, United States Code, is amended by striking
‘‘systems are the Interstate System and the National
Highway System’’ and inserting ‘‘system is the
Interstate System’’.
(3) INTERSTATE
MAINTENANCE
PROGRAM.—
Section 119(f) of title 23, United States Code, is
amended—
(A) in paragraph (1), by striking ‘‘If’’ and
inserting ‘‘For each of fiscal years 1991
through 1997, if’’; and
(B) in paragraph (2)(B), by inserting
‘‘through fiscal year 1997’’ after ‘‘thereafter’’.
(4) INTERSTATE
BRIDGE
PROGRAM.—Section
144 of title 23, United States Code, is amended—
(A) in subsection (d)—
(i) by inserting ‘‘on the Federal-aid
system or described in subsection (c)(3)’’
after ‘‘highway bridge’’ each place it ap-
pears; and
(ii) by inserting ‘‘on the Federal-aid
system or described in subsection (c)(3)’’
after ‘‘highway bridges’’ each place it ap-
pears;
(B) in the second sentence of subsection
(e)—
(i) in paragraph (1), by adding ‘‘and’’
at the end;
(ii) in paragraph (2), by striking the
comma at the end and inserting a period;
and
(iii) by striking paragraphs (3) and
(4);
(C) in the first sentence of subsection (l),
by inserting ‘‘on the Federal-aid system or de-
scribed in subsection (c)(3)’’ after ‘‘any
bridge’’;
(D) in subsection (m), by inserting ‘‘on the
Federal-aid system or described in subsection
(c)(3)’’ after ‘‘any bridge’’; and
(E) in the first sentence of subsection (n),
by inserting ‘‘for each of fiscal years 1991
through 1997,’’ after ‘‘of law,’’.
(5) NATIONAL
DEFENSE
HIGHWAYS.—Section
311 of title 23, United States Code, is amended—
(A) in the first sentence, by striking
‘‘under subsection (a) of section 104 of this
title’’ and inserting ‘‘to carry out this section’’;
and
(B) by striking the second sentence.
(6) TERMINATION OF MINIMUM ALLOCATION.—
Section 157 of title 23, United States Code, is
amended—
‘‘(7) RETURN
OF
EXCESS
TAX
RECEIPTS
TO
STATES FOR TRANSPORTATION PURPOSES.—On the
first day of each of fiscal years 1998 and 1999, the
Secretary, in consultation with the Secretary of the
Transportation, shall—
‘‘(A) determine the excess (if any) of—
‘‘(i) the amounts appropriated in such
fiscal year to the Highway Trust Fund
under subsection (b) which are equivalent
to the taxes attributable to the excess of—
‘‘(I) the Highway Trust Fund fi-
nancing rate for such year, over
‘‘(II) the core programs financing
rate for such year, over
‘‘(ii) the amounts so appropriated
which are equivalent to the taxes described
in paragraphs (4)(D), (5)(B), and (6)(D),
and
‘‘(B) allocate the amount determined under
subparagraph (A) among the States (as defined
in section 101 of title 23, United States Code)
so that—
‘‘(i) the percentage of that amount al-
located to each State, is equal to