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) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committees on Ways 
and Means, the Budget, and Rules, for a period to be subsequently deter-
mined 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 Em-
powerment Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
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(1) the objective of the Federal highway pro-
gram has been to facilitate the construction of a 
modern freeway system that promotes efficient inter-
state commerce by connecting all States; 
(2) the objective described in paragraph (1) has 
been attained, and the Interstate System connecting 
all States is near completion; 
(3) each State has the responsibility of pro-
viding an efficient transportation network for the 
residents of the State; 
(4) each State has the means to build and oper-
ate a network of transportation systems, including 
highways, that best serves the needs of the State; 
(5) each State is best capable of determining 
the needs of the State and acting on those needs; 
(6) the Federal role in highway transportation 
has, over time, usurped the role of the States by tax-
ing motor fuels used in the States and then distrib-
uting the proceeds to the States based on the per-
ceptions of the Federal Government on what is best 
for the States; 
(7) the Federal Government has used the Fed-
eral motor fuels tax revenues to force all States to 
take actions that are not necessarily appropriate for 
individual States; 
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(8) the Federal distribution, review, and en-
forcement process wastes billions of dollars on un-
productive activities; 
(9) Federal mandates that apply uniformly to 
all 50 States, regardless of the different cir-
cumstances of the States, cause the States to waste 
billions of hard-earned tax dollars on projects, pro-
grams, and activities that the States would not oth-
erwise undertake; and 
(10) Congress has expressed a strong interest 
in reducing the role of the Federal Government by 
allowing each State to manage its own affairs. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to provide a new policy blueprint to govern 
the Federal role in transportation once existing and 
prior financial obligations are met; 
(2) to return to the individual States maximum 
discretionary authority and fiscal responsibility for 
all elements of the national surface transportation 
systems that are not within the direct purview of the 
Federal Government; 
(3) to preserve Federal responsibility for the 
Dwight D. Eisenhower National System of Inter-
state and Defense Highways; 
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(4) to preserve the responsibility of the Depart-
ment of Transportation for— 
(A) design, construction, and preservation 
of transportation facilities on Federal public 
land; 
(B) national programs of transportation 
research and development and transportation 
safety; and 
(C) emergency assistance to the States in 
response to natural disasters; 
(5) to eliminate to the maximum extent prac-
ticable Federal obstacles to the ability of each State 
to apply innovative solutions to the financing, de-
sign, construction, operation, and preservation of 
Federal and State transportation facilities; and 
(6) with respect to transportation activities car-
ried out by States, local governments, and the pri-
vate sector, to encourage— 
(A) competition among States, local gov-
ernments, and the private sector; and 
(B) innovation, energy efficiency, private 
sector participation, and productivity. 
SEC. 3. FUNDING LIMITATION. 
Notwithstanding any other provision of law, if the 
Secretary of Transportation determines for any of fiscal 
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years 2016 through 2020 that the aggregate amount re-
quired to carry out transportation programs and projects 
under this Act and amendments made by this Act exceeds 
the estimated aggregate amount in the Highway Trust 
Fund available for those programs and projects for the 
fiscal year, each amount made available for that program 
or project shall be reduced by the pro rata percentage re-
quired to reduce the aggregate amount required to carry 
out those programs and projects to an amount equal to 
that available for those programs and projects in the 
Highway Trust Fund for the fiscal year. 
SEC. 4. FUNDING FOR CORE HIGHWAY PROGRAMS. 
(a) IN GENERAL.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
The following sums are authorized to be appro-
priated out of the Highway Trust Fund (other than 
the Mass Transit Account): 
(A) FEDERAL-AID
HIGHWAY
PROGRAM, 
ETC.—For the national highway performance 
program under section 119 of title 23, United 
States Code, the surface transportation pro-
gram under section 133 of that title, the high-
way safety improvement program under section 
148 of that title, and the congestion mitigation 
and air quality improvement program under 
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section 149 of that title, for each of fiscal years 
2016 through 2020, an aggregate amount not 
to exceed 10 percent of the balance of the 
Highway Trust Fund (other than such Mass 
Transit Account) as estimated (taking into ac-
count estimated revenues) at the beginning of 
each such fiscal year. 
(B) EMERGENCY RELIEF.—For emergency 
relief under section 125 of title 23, United 
States Code, $100,000,000 for each of fiscal 
years 2016 through 2020. 
(C) FEDERAL LANDS PROGRAMS.— 
(i) 
FEDERAL
LANDS
TRANSPOR-
TATION PROGRAM.—For the Federal lands 
transportation program under section 203 
of 
title 
23, 
United 
States 
Code, 
$300,000,000 for each of fiscal years 2016 
through 2020, of which $240,000,000 of 
the amount made available for each fiscal 
year shall be the amount for the National 
Park Service and $30,000,000 of the 
amount made available for each fiscal year 
shall be the amount for the United States 
Fish and Wildlife Service. 
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(ii) FEDERAL
LANDS
ACCESS
PRO-
GRAM.—For the Federal lands access pro-
gram under section 204 of title 23, United 
States Code, $250,000,000 for each of fis-
cal years 2016 through 2020. 
(D) ADMINISTRATIVE EXPENSES.—Section 
104(a) of title 23, United States Code, is 
amended by striking paragraph (1) and insert-
ing the following: 
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) 
for each of fiscal years 2016 through 2020, to 
be made available to the Secretary for adminis-
trative expenses of the Federal Highway Ad-
ministration, an amount equal to 1 percent of 
the balance of the Highway Trust Fund (other 
than such Mass Transit Account) as estimated 
(taking into account estimated revenues) at the 
beginning of each such fiscal year. 
‘‘(B)(i) Notwithstanding any other provi-
sion of law, it shall not be in order in the Sen-
ate or the House of Representatives to consider 
any measure that would make available for ex-
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penditure from the Highway Trust Fund (other 
than the Mass Transit Account) for a fiscal 
year an amount less than the amount author-
ized under subparagraph (A) for such fiscal 
year. 
‘‘(ii)(I) Clause (i) may be waived or sus-
pended in the Senate only by the affirmative 
vote of 3⁄5 of the Members, duly chosen and 
sworn. 
‘‘(II) Debate on appeals in the Senate 
from the decisions of the Chair relating to sub-
clause (I) shall be limited to 1 hour, to be 
equally divided between, and controlled by, the 
mover and the manager of the measure that 
would make available for expenditure from the 
Fund for a fiscal year an amount less than the 
amount described in subparagraph (A). An af-
firmative vote of 3⁄5 of the Members, duly cho-
sen and sworn, shall be required in the Senate 
to sustain an appeal of the ruling of the Chair 
on a point of order raised in relation to sub-
clause (I). 
‘‘(iii) This subparagraph is enacted by 
Congress— 
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‘‘(I) as an exercise of the rulemaking 
power of the House of Representatives and 
the Senate, respectively, and as such it is 
deemed a part of the rules of each House, 
respectively, but applicable only with re-
spect to the procedure to be followed in 
that House in the case of a joint resolu-
tion, and it supersedes other rules only to 
the extent that it is inconsistent with those 
rules; and 
‘‘(II) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure of that House) at any time, in the 
same manner and to the same extent as in 
the case of any other rule of that House.’’. 
(2) TRANSFERABILITY OF FUNDS.—Section 104 
of title 23, United States Code, is amended by strik-
ing subsection (f) and inserting the following: 
‘‘(f) TRANSFERABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—To the extent that a State 
determines that funds made available under this title 
to the State for a purpose are in excess of the needs 
of the State for that purpose, the State may transfer 
the excess funds to, and use the excess funds for, 
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any surface transportation (including mass transit 
and rail) purpose in the State. 
‘‘(2) ENFORCEMENT.—If the Secretary deter-
mines that a State has transferred funds under 
paragraph (1) to a purpose that is not a surface 
transportation purpose as described in paragraph 
(1), the amount of the improperly transferred funds 
shall be deducted from any amount the State would 
otherwise receive from the Highway Trust Fund for 
the fiscal year that begins after the date of the de-
termination.’’. 
(3) FEDERAL-AID SYSTEM.— 
(A) IN GENERAL.—Section 103(a) of title 
23, United States Code, is amended by striking 
‘‘the National Highway System, which in-
cludes’’. 
(B) CONFORMING AMENDMENTS.—Chapter 
1 of title 23, United States Code, is amended— 
(i) in section 103 by striking the sec-
tion designation and heading and inserting 
the following: 
‘‘§ 103. Federal-aid system’’; 
and 
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Federal funds by a State before the construc-
tion phase of the project to pay expenses relat-
ing to the project, including for any environ-
mental document or design work required for 
the project; and 
(C)(i) a State may, after having used Fed-
eral funds to pay all or a portion of the costs 
of a highway construction or improvement 
project, reimburse the Federal Government in 
an amount equal to the amount of Federal 
funds so expended; and 
(ii) after completion of a reimbursement 
described in clause (i), a highway construction 
or improvement project described in that clause 
shall no longer be considered to be a Federal 
highway construction or improvement project. 
(6) REPORTING REQUIREMENTS.—No reporting 
requirement, other than a reporting requirement in 
effect as of the date of enactment of this Act, shall 
apply on or after October 1, 2015, to the use of 
Federal funds for highway projects by a public-pri-
vate partnership. 
(b) 
EXPENDITURES
FROM
HIGHWAY
TRUST 
FUND.— 
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(1) EXPENDITURES
FOR
CORE
PROGRAMS.— 
Section 9503(c) of the Internal Revenue Code of 
1986 is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘June 1, 2015’’ and in-
serting ‘‘October 1, 2022’’; and 
(ii) by striking ‘‘Highway and Trans-
portation Funding Act of 2014’’ and in-
serting 
‘‘Transportation 
Empowerment 
Act’’; 
(B) in paragraph (2), by striking ‘‘July 1, 
2017’’ and inserting ‘‘July 1, 2022’’; and 
(C) in paragraph (5), by striking ‘‘October 
1, 2011’’ and inserting ‘‘October 1, 2022’’. 
(2) AMOUNTS AVAILABLE FOR CORE PROGRAM 
EXPENDITURES.—Section 9503 of the Internal Rev-
enue Code of 1986 is amended by adding at the end 
the following: 
‘‘(g) CORE PROGRAMS FINANCING RATE.—For pur-
poses of this section— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2)— 
‘‘(A) in the case of gasoline and special 
motor fuels the tax rate of which is the rate 
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specified in section 4081(a)(2)(A)(i), the core 
programs financing rate is— 
‘‘(i) after September 30, 2016, and 
before October 1, 2017, 18.3 cents per gal-
lon, 
‘‘(ii) after September 30, 2017, and 
before October 1, 2018, 9.6 cents per gal-
lon, 
‘‘(iii) after September 30, 2018, and 
before October 1, 2019, 6.4 cents per gal-
lon, 
‘‘(iv) after September 30, 2019, and 
before October 1, 2020, 5.0 cents per gal-
lon, and 
‘‘(v) after September 30, 2020, 3.7 
cents per gallon, and 
‘‘(B) in the case of kerosene, diesel fuel, 
and special motor fuels the tax rate of which is 
the rate specified in section 4081(a)(2)(A)(iii), 
the core programs financing rate is— 
‘‘(i) after September 30, 2016, and 
before October 1, 2017, 24.3 cents per gal-
lon, 
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‘‘(ii) after September 30, 2017, and 
before October 1, 2018, 12.7 cents per gal-
lon, 
‘‘(iii) after September 30, 2018, and 
before October 1, 2019, 8.5 cents per gal-
lon, 
‘‘(iv) after September 30, 2019, and 
before October 1, 2020, 6.6 cents per gal-
lon, and 
‘‘(v) after September 30, 2020, 5.0 
cents per gallon. 
‘‘(2) APPLICATION OF RATE.—In the case of 
fuels used as described in paragraphs (3)(C), (4)(B), 
and (5) of subsection (c), the core programs financ-
ing rate is zero.’’. 
(c) TERMINATION OF MASS TRANSIT ACCOUNT.— 
Section 9503(e) of the Internal Revenue Code of 1986 is 
amended— 
(1) in the first sentence of paragraph (2), by 
inserting ‘‘, and before October 1, 2016’’ after 
‘‘March 31, 1983’’; and 
(2) by adding at the end the following: 
‘‘(6) TRANSFER
TO
HIGHWAY
ACCOUNT.—On 
October 1, 2016, the Secretary shall transfer all 
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amounts in the Mass Transit Account to the High-
way Account.’’. 
(d) EFFECTIVE DATE.—The amendments and re-
peals made by this section shall take effect on October 
1, 2016. 
SEC. 5. FEDERAL-AID HIGHWAY PROGRAM. 
(a) NATIONAL
HIGHWAY
PERFORMANCE
PRO-
GRAM.— 
(1) IN
GENERAL.—Section 119(d)(2) of title 
23, United States Code, is amended— 
(A) by striking subparagraph (H); 
(B) by striking subparagraph (M); 
(C) by striking subparagraph (O); and 
(D) by redesignating subparagraphs (I), 
(J), (K), (L), (N), and (P) as subparagraphs 
(H), (I), (J), (K), (L), and (M), respectively. 
(2) REPEAL OF ENVIRONMENTAL MITIGATION 
PROVISIONS.—Section 119 of title 23, United States 
Code, is amended by striking subsection (g). 
(b) SURFACE TRANSPORTATION PROGRAM.— 
(1) IN GENERAL.—Section 133(b) of title 23, 
United States Code, is amended— 
(A) in paragraph (6), by striking ‘‘Carpool 
projects, fringe and corridor parking facilities 
and programs, including electric vehicle and 
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natural gas infrastructure in accordance with 
section 137, bicycle transportation and pedes-
trian walkways in accordance with section 217, 
and the’’ and inserting ‘‘Any’’; 
(B) by striking paragraph (11); 
(C) in paragraph (13), by adding a period 
at the end; 
(D) by striking paragraph (14); 
(E) by striking paragraph (17); 
(F) in paragraph (24), by striking ‘‘data 
collection, maintenance, and integration’’ and 
inserting ‘‘the maintenance and integration of 
data’’; and 
(G) by redesignating paragraphs (12), 
(13), (15), (16), (18), (19), (20), (21), (22), 
(23), (24), (25), and (26) as paragraphs (11), 
(12), (13), (14), (15), (16), (17), (18), (19), 
(20), (21), (22), and (23), respectively. 
(2) REPEAL OF BRIDGES NOT ON FEDERAL-AID 
HIGHWAYS
PROVISIONS.—Section 133 of title 23, 
United States Code, is amended— 
(A) by striking subsection (g); and 
(B) by redesignating subsection (h) as sub-
section (g). 
(3) CONFORMING AMENDMENTS.— 
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the Transportation Empowerment Act)’’ after 
‘‘title 23’’. 
(C) Section 103(b)(3) of title 23, United 
States Code, is amended by striking subpara-
graph (B) and inserting the following: 
‘‘(B) 
COOPERATION.—In 
proposing 
a 
modification under this paragraph, a State shall 
cooperate with local and regional officials.’’. 
(D) Section 104 of title 23, United States 
Code, is amended— 
(i) in subsection (b)— 
(I) in the matter preceding para-
graph (1), by striking ‘‘, and to carry 
out section 134’’; and 
(II) by striking paragraph (5); 
(ii) in subsection (d)(1)— 
(I) by striking subparagraph (B); 
(II) by striking ‘‘(A) USE.—’’; 
(III) by redesignating clauses (i) 
and (ii) as subparagraphs (A) and 
(B), respectively, and indenting appro-
priately; 
(IV) in subparagraph (A) (as so 
redesignated), by striking ‘‘clause (ii)’’ 
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and inserting ‘‘subparagraph (B)’’; 
and 
(V) in subparagraphs (A) and 
(B) (as so redesignated), by inserting 
‘‘(as in effect on the day before the 
date of enactment of the Transpor-
tation 
Empowerment 
Act)’’ 
after 
‘‘subsection (b)(5)’’ each place it ap-
pears; and 
(iii) in subsection (d)(2)— 
(I) by striking ‘‘STATES.—’’ and 
all that follows through ‘‘The distribu-
tion’’ in subparagraph (A), in the 
matter preceding clause (i), and in-
serting ‘‘STATES.—The distribution’’; 
(II) in clause (ii), by striking ‘‘to 
carry out section 134 and’’; 
(III) by striking subparagraph 
(B); and 
(IV) by redesignating clauses (i) 
and (ii) as subparagraphs (A) and 
(B), respectively, and indenting appro-
priately. 
(E) Section 106(h)(3)(C) of title 23, 
United States Code, is amended by striking 
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‘‘sections 134 and 135’’ and inserting ‘‘section 
135’’. 
(F) Section 108(d)(5)(A) of title 23, 
United States Code, is amended by striking 
‘‘sections 134 and 135’’ and inserting ‘‘section 
135’’. 
(G) Section 119(d)(1)(B) of title 23, 
United States Code, is amended by striking 
‘‘sections 134 and 135’’ and inserting ‘‘section 
135’’. 
(H) Section 133(d) of title 23, United 
States Code, is amended— 
(i) by striking paragraph (2); 
(ii) in paragraph (5), by striking ‘‘sec-
tions 134 and 135’’ and inserting ‘‘section 
135’’; and 
(iii) by redesignating paragraphs (3), 
(4), and (5) as paragraphs (2), (3), and 
(4), respectively. 
(I) Section 135 of title 23, United States 
Code, is amended— 
(i) in subsection (a)— 
(I) in paragraph (1)— 
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(aa) by striking ‘‘Subject to 
section 134, to’’ and inserting 
‘‘To’’; and 
(bb) by inserting ‘‘(as in ef-
fect on the day before the date of 
enactment of the Transportation 
Empowerment Act)’’ after ‘‘sec-
tion 134(a)’’; and 
(II) in paragraph (3), by insert-
ing ‘‘(as in effect on the day before 
the date of enactment of the Trans-
portation Empowerment Act)’’ after 
‘‘section 134(a)’’; 
(ii) in subsection (b)(1), by striking 
‘‘with the transportation planning activities 
carried out under section 134 for metro-
politan areas of the State and’’; 
(iii) in subsection (f)(2)— 
(I) by striking subparagraph (A); 
and 
(II) by redesignating subpara-
graphs (B), (C), and (D) as subpara-
graphs (A), (B), and (C), respectively; 
(iv) in subsection (g)— 
(I) in paragraph (2)— 
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(aa) by striking subpara-
graph (A); and 
(bb) by redesignating sub-
paragraphs (B) and (C) as sub-
paragraphs (A) and (B), respec-
tively; and 
(II) in paragraph (8), by striking 
‘‘and section 134’’; and 
(v) in subsection (j), by striking ‘‘and 
section 134’’ each place it appears. 
(J) Section 137 of title 23, United States 
Code, is amended— 
(i) by striking subsection (e); and 
(ii) by redesignating subsections (f) 
and (g) as subsections (e) and (f), respec-
tively. 
(K) Section 142 of title 23, United States 
Code, is amended— 
(i) by striking subsection (d); and 
(ii) by redesignating subsections (e) 
through (i) as subsections (d) through (h), 
respectively. 
(L) Section 168(a)(2)(A) of title 23, 
United States Code, is amended by striking ‘‘or 
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a transportation plan developed under section 
134’’. 
(M) Section 201(c)(1) of title 23, United 
States Code, is amended by striking ‘‘sections 
134 and 135’’ and inserting ‘‘section 135’’. 
(N) Section 217(g)(1) of title 23, United 
States Code, is amended in the first sentence by 
striking ‘‘metropolitan planning organization 
and State in accordance with section 134 and 
135, respectively’’ and inserting ‘‘State in ac-
cordance with section 135’’. 
(O) Section 327(a)(2)(B) of title 23, 
United States Code, is amended— 
(i) in clause (iii), by striking ‘‘42 
U.S.C. 13’’ and inserting ‘‘42 U.S.C.’’; and 
(ii) in clause (iv)(I), by striking ‘‘134 
or’’. 
(P) Section 505 of title 23, United States 
Code, is amended— 
(i) in subsection (a)(2)— 
(I) by striking ‘‘metropolitan 
and’’; and 
(II) by striking ‘‘sections 134 
and 135’’ and inserting ‘‘section 
135’’; and 
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(ii) in subsection (b)(2), by striking 
‘‘sections 134 and 135’’ and inserting 
‘‘section 135’’. 
(Q) Section 602(a)(3) of title 23, United 
States Code, is amended by striking ‘‘sections 
134 and 135’’ and inserting ‘‘section 135’’. 
(R) Section 610(d)(5) of title 23, United 
States Code, is amended by striking ‘‘section 
133(d)(3)’’ and inserting ‘‘section 133(d)(2)’’. 
(S) Section 174 of the Clean Air Act (42 
U.S.C. 7504) is amended— 
(i) in the fourth sentence of sub-
section (a), by striking ‘‘the metropolitan 
planning organization designated to con-
duct the continuing, cooperative and com-
prehensive transportation planning process 
for the area under section 134 of title 23, 
United States Code,’’; 
(ii) by striking subsection (b); and 
(iii) by redesignating subsection (c) as 
subsection (b). 
(T) Section 176(c) of the Clean Air Act 
(42 U.S.C. 7506(c)) is amended— 
(i) in paragraph (7)(A), in the matter 
preceding clause (i), by striking ‘‘section 
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134(i) of title 23, United States Code, or’’; 
and 
(ii) in paragraph (9), by striking ‘‘sec-
tion 134(i) of title 23, United States Code, 
or’’. 
(U) Section 182(c)(5) of the Clean Air Act 
(42 U.S.C. 7511a(c)(5)) is amended— 
(i) by striking ‘‘(A) Beginning’’ and 
inserting ‘‘Beginning’’; and 
(ii) in the last sentence by striking 
‘‘and with the requirements of section 
174(b)’’. 
(V) Section 5304(i) of title 49, United 
States Code, is amended— 
(i) by striking ‘‘sections 134 and 135’’ 
each place it appears and inserting ‘‘sec-
tion 135’’; and 
(ii) by striking ‘‘this this’’ and insert-
ing ‘‘this’’. 
(d) NATIONAL BRIDGE
AND TUNNEL INVENTORY 
AND INSPECTION STANDARDS.— 
(1) IN
GENERAL.—Section 144 of title 23, 
United States Code, is amended— 
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(A) in subsection (e)(1) by inserting ‘‘on 
the Federal-aid system’’ after ‘‘any bridge’’; 
and 
(B) in subsection (f)(1) by inserting ‘‘on 
the Federal-aid system’’ after ‘‘construct any 
bridge’’. 
(2) REPEAL
OF
HISTORIC
BRIDGES
PROVI-
SIONS.—Section 144(g) of title 23, United States 
Code, is repealed. 
(e) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 
(1) IN
GENERAL.—Section 148 of title 23, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (4)(B)— 
(I) by striking clause (v); and 
(II) by redesignating clauses (vi) 
through (xxiv) as clauses (v) through 
(xxiii), respectively; 
(ii) in paragraph (8), by striking ‘‘bi-
cyclist,’’; and 
(iii) by striking paragraphs (11) 
through (13); 
(B) by striking subsections (b), (c), (d), 
(e), (f), (g), (h), and (i); and 
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(C) by redesignating subsection (j) as sub-
section (b). 
(2) CONFORMING AMENDMENTS.— 
(A) Section 101(a)(27) of title 23, United 
States Code, is amended by inserting ‘‘(as in ef-
fect on the day before the date of enactment of 
the Transportation Empowerment Act)’’ after 
‘‘section 148(a)’’. 
(B) Section 402(b)(1)(F)(v) of title 23, 
United States Code, is amended by inserting 
‘‘(as in effect on the day before the date of en-
actment of the Transportation Empowerment 
Act)’’ after ‘‘section 148(a)’’. 
(f) REPEAL OF CONGESTION MITIGATION AND AIR 
QUALITY IMPROVEMENT PROGRAM.— 
(1) IN
GENERAL.—Section 149 of title 23, 
United States Code, is repealed. 
(2) CONFORMING AMENDMENTS.— 
(A) The chapter analysis for chapter 1 of 
title 23, United States Code, is amended by 
striking the item relating to section 149. 
(B) Section 106(d) of title 23, United 
States Code, is amended in the matter pre-
ceding paragraph (1), by striking ‘‘section, sec-
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tion 133, or section 149’’ and inserting ‘‘section 
or section 133’’. 
(C) Section 150 of title 23, United States 
Code, is amended— 
(i) in subsection (c)— 
(I) by striking paragraph (5); 
and 
(II) by redesignating paragraph 
(6) as paragraph (5); and 
(ii) in subsection (d), by striking ‘‘(5), 
and (6)’’ and inserting ‘‘and (5)’’. 
(D) Section 322(h)(3) of title 23, United 
States Code, is amended by striking ‘‘and the 
congestion mitigation and air quality improve-
ment program under section 149’’. 
(E) Section 505(a)(3) of title 23, United 
States Code, is amended by striking ‘‘149,’’. 
(g) REPEAL
OF TRANSPORTATION ALTERNATIVES 
PROGRAM.—The following provisions are repealed: 
(1) Section 213 of title 23, United States Code. 
(2) The item relating to section 213 in the 
analysis for chapter 1 of title 23, United States 
Code. 
(h) NATIONAL DEFENSE HIGHWAYS.—Section 311 
of title 23, United States Code, is amended— 
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(1) in the first sentence, by striking ‘‘under 
subsection (a) of section 104 of this title’’ and in-
serting ‘‘to carry out this section’’; and 
(2) by striking the second sentence. 
SEC. 6. FUNDING FOR HIGHWAY RESEARCH AND DEVELOP-
MENT PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
section 503(b) of title 23, United States Code, 
$115,000,000 for each of fiscal years 2016 through 2020. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by sub-
section (a) shall— 
(1) be available for obligation in the same man-
ner as if those funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the 
Federal share of the cost of a project or activity car-
ried out using those funds shall be 80 percent, un-
less otherwise expressly provided by this Act (includ-
ing the amendments by this Act) or otherwise deter-
mined by the Secretary; and 
(2) remain available until expended and not be 
transferable. 
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SEC. 7. RETURN OF EXCESS TAX RECEIPTS TO STATES. 
(a) IN GENERAL.—Section 9503(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end 
the following: 
‘‘(6) RETURN
OF
EXCESS
TAX
RECEIPTS
TO 
STATES
FOR
SURFACE
TRANSPORTATION
PUR-
POSES.— 
‘‘(A) IN GENERAL.—On the first day of 
each of fiscal years 2016, 2017, 2018, and 
2019, the Secretary, in consultation with the 
Secretary of Transportation, shall— 
‘‘(i) determine the excess (if any) of— 
‘‘(I) the amounts appropriated in 
such fiscal year to the Highway Trust 
Fund under subsection (b) which are 
attributable to the taxes described in 
paragraphs (1) and (2) thereof (after 
the application of paragraph (4) 
thereof) over the sum of— 
‘‘(II) the amounts so appro-
priated which are equivalent to— 
‘‘(aa) such amounts attrib-
utable to the core programs fi-
nancing rate for such year, plus 
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‘‘(bb) the taxes described in 
paragraphs (3)(C), (4)(B), and 
(5) of subsection (c), and 
‘‘(ii) allocate the amount determined 
under clause (i) among the States (as de-
fined in section 101(a) of title 23, United 
States Code) for surface transportation 
(including mass transit and rail) purposes 
so that— 
‘‘(I) the percentage of that 
amount allocated to each State, is 
equal to 
‘‘(II) 
the 
percentage 
of 
the 
amount determined under clause (i)(I) 
paid into the Highway Trust Fund in 
the latest fiscal year for which such 
data are available which is attrib-
utable to highway users in the State. 
‘‘(B) ENFORCEMENT.—If the Secretary 
determines that a State has used amounts 
under subparagraph (A) for a purpose which is 
not a surface transportation purpose as de-
scribed in subparagraph (A), the improperly 
used amounts shall be deducted from any 
amount the State would otherwise receive from 
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the Highway Trust Fund for the fiscal year 
which begins after the date of the determina-
tion.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on October 1, 2015. 
SEC. 8. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
KEROSENE, AND SPECIAL FUELS FUNDING 
HIGHWAY TRUST FUND. 
(a) REDUCTION IN TAX RATE.— 
(1) IN GENERAL.—Section 4081(a)(2)(A) of the 
Internal Revenue Code of 1986 is amended— 
(A) in clause (i), by striking ‘‘18.3 cents’’ 
and inserting ‘‘3.7 cents’’; and 
(B) in clause (iii), by striking ‘‘24.3 cents’’ 
and inserting ‘‘5.0 cents’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 4081(a)(2)(D) of such Code is 
amended— 
(i) by striking ‘‘19.7 cents’’ and in-
serting ‘‘4.1 cents’’, and 
(ii) by striking ‘‘24.3 cents’’ and in-
serting ‘‘5.0 cents’’. 
(B) Section 6427(b)(2)(A) of such Code is 
amended by striking ‘‘7.4 cents’’ and inserting 
‘‘1.5 cents’’. 
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(b) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) Section 4041(a)(1)(C)(iii)(I) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘7.3 
cents per gallon (4.3 cents per gallon after Sep-
tember 30, 2016)’’ and inserting ‘‘1.4 cents per gal-
lon (zero after September 30, 2021)’’. 
(2) Section 4041(a)(2)(B)(ii) of such Code is 
amended by striking ‘‘24.3 cents’’ and inserting ‘‘5.0 
cents’’. 
(3) Section 4041(a)(3)(A) of such Code is 
amended by striking ‘‘18.3 cents’’ and inserting ‘‘3.7 
cents’’. 
(4) Section 4041(m)(1) of such Code is amend-
ed— 
(A) in subparagraph (A), by striking 
‘‘2016’’ and inserting ‘‘2021,’’; 
(B) in subparagraph (A)(i), by striking 
‘‘9.15 cents’’ and inserting ‘‘1.8 cents’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and 
(D) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) zero after September 30, 2021.’’. 
(5) Section 4081(d)(1) of such Code is amend-
ed by striking ‘‘4.3 cents per gallon after September 
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30, 2016’’ and inserting ‘‘zero after September 30, 
2021’’. 
(6) Section 9503(b) of such Code is amended— 
(A) in paragraphs (1) and (2), by striking 
‘‘October 1, 2016’’ both places it appears and 
inserting ‘‘October 1, 2021’’; 
(B) in the heading of paragraph (2), by 
striking ‘‘OCTOBER 1, 2016’’ and inserting ‘‘OC-
TOBER 1, 2021’’; 
(C) in paragraph (2), by striking ‘‘after 
September 30, 2016, and before July 1, 2017’’ 
and inserting ‘‘after September 30, 2021, and 
before July 1, 2022’’; and 
(D) in paragraph (6)(B), by striking 
‘‘June 1, 2015’’ and inserting ‘‘October 1, 
2021’’. 
(c) FLOOR STOCK REFUNDS.— 
(1) IN GENERAL.—If— 
(A) before October 1, 2020, tax has been 
imposed under section 4081 of the Internal 
Revenue Code of 1986 on any liquid; and 
(B) on such date such liquid is held by a 
dealer and has not been used and is intended 
for sale; 
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there shall be credited or refunded (without interest) 
to the person who paid such tax (in this subsection 
referred to as the ‘‘taxpayer’’) an amount equal to 
the excess of the tax paid by the taxpayer over the 
amount of such tax which would be imposed on such 
liquid had the taxable event occurred on such date. 
(2) TIME FOR FILING CLAIMS.—No credit or re-
fund shall be allowed or made under this subsection 
unless— 
(A) claim therefor is filed with the Sec-
retary of the Treasury before April 1, 2021; 
and 
(B) in any case where liquid is held by a 
dealer (other than the taxpayer) on October 1, 
2020— 
(i) the dealer submits a request for re-
fund or credit to the taxpayer before Janu-
ary 1, 2021; and 
(ii) the taxpayer has repaid or agreed 
to repay the amount so claimed to such 
dealer or has obtained the written consent 
of such dealer to the allowance of the cred-
it or the making of the refund. 
(3) EXCEPTION
FOR
FUEL
HELD
IN
RETAIL 
STOCKS.—No credit or refund shall be allowed under 
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this subsection with respect to any liquid in retail 
stocks held at the place where intended to be sold 
at retail. 
(4) DEFINITIONS.—For purposes of this sub-
section, the terms ‘‘dealer’’ and ‘‘held by a dealer’’ 
have the respective meanings given to such terms by 
section 6412 of such Code; except that the term 
‘‘dealer’’ includes a producer. 
(5) CERTAIN RULES TO APPLY.—Rules similar 
to the rules of subsections (b) and (c) of section 
6412 and sections 6206 and 6675 of such Code shall 
apply for purposes of this subsection. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the amendments made by this 
section shall apply to fuel removed after September 
30, 2020. 
(2) CERTAIN CONFORMING AMENDMENTS.— 
(A) The amendments made by subsection 
(b)(4) shall apply to fuel removed after Sep-
tember 30, 2016. 
(B) The amendments made by subpara-
graphs (A), (B), and (C) of subsection (b)(6) 
shall take effect on October 1, 2016. 
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(C) The amendment made by subsection 
(b)(6)(D) shall take effect on June 1, 2015. 
SEC. 9. REPORT TO CONGRESS. 
Not later than 180 days after the date of enactment 
of this Act, after consultation with the appropriate com-
mittees of Congress, the Secretary of Transportation shall 
submit a report to Congress describing such technical and 
conforming amendments to titles 23 and 49, United States 
Code, and such technical and conforming amendments to 
other laws, as are necessary to bring those titles and other 
laws into conformity with the policy embodied in this Act 
and the amendments made by this Act. 
SEC. 10. EFFECTIVE DATE CONTINGENT ON CERTIFI-
CATION OF DEFICIT NEUTRALITY. 
(a) PURPOSE.—The purpose of this section is to en-
sure that— 
(1) this Act will become effective only if the Di-
rector of the Office of Management and Budget cer-
tifies that this Act is deficit neutral; 
(2) discretionary spending limits are reduced to 
capture the savings realized in devolving transpor-
tation functions to the State level pursuant to this 
Act; and 
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(3) the tax reduction made by this Act is not 
scored under pay-as-you-go and does not inadvert-
ently trigger a sequestration. 
(b) EFFECTIVE
DATE
CONTINGENCY.—Notwith-
standing any other provision of this Act, this Act and the 
amendments made by this Act shall take effect only if— 
(1) the Director of the Office of Management 
and Budget (referred to in this section as the ‘‘Di-
rector’’) submits the report as required in subsection 
(c); and 
(2) the report contains a certification by the Di-
rector that, based on the required estimates, the re-
duction in discretionary outlays resulting from the 
reduction in contract authority is at least as great 
as the reduction in revenues for each fiscal year 
through fiscal year 2020. 
(c) OMB ESTIMATES AND REPORT.— 
(1) REQUIREMENTS.—Not later than 5 cal-
endar days after the date of enactment of this Act, 
the Director shall— 
(A) estimate the net change in revenues re-
sulting from this Act for each fiscal year 
through fiscal year 2020; 
(B) estimate the net change in discre-
tionary outlays resulting from the reduction in 
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contract authority under this Act for each fiscal 
year through fiscal year 2020; 
(C) determine, based on those estimates, 
whether the reduction in discretionary outlays 
is at least as great as the reduction in revenues 
for each fiscal year through fiscal year 2020; 
and 
(D) submit to Congress a report setting 
forth the estimates and determination. 
(2) APPLICABLE
ASSUMPTIONS
AND
GUIDE-
LINES.— 
(A) REVENUE
ESTIMATES.—The revenue 
estimates required under paragraph (1)(A) 
shall be predicated on the same economic and 
technical assumptions and score keeping guide-
lines that would be used for estimates made 
pursuant to section 252(d) of the Balanced 
Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 902(d)). 
(B) OUTLAY ESTIMATES.—The outlay esti-
mates required under paragraph (1)(B) shall be 
determined by comparing the level of discre-
tionary outlays resulting from this Act with the 
corresponding level of discretionary outlays pro-
jected in the baseline under section 257 of the 
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Balanced Budget and Emergency Deficit Con-
trol Act of 1985 (2 U.S.C. 907). 
(d) CONFORMING ADJUSTMENT TO DISCRETIONARY 
SPENDING LIMITS.—On compliance with the requirements 
specified in subsection (b), the Director shall adjust the 
adjusted discretionary spending limits for each fiscal year 
through fiscal year 2020 under section 601(a)(2) of the 
Congressional Budget Act of 1974 (2 U.S.C. 665(a)(2)) 
by the estimated reductions in discretionary outlays under 
subsection (c)(1)(B). 
(e) PAYGO INTERACTION.—On compliance with the 
requirements specified in subsection (b), no changes in 
revenues estimated to result from the enactment of this 
Act shall be counted for the purposes of section 252(d) 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 902(d)). 
Æ 
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