,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdhf ,,in ,,the ,,house ,,of ,,representatives ,november #ad1 #bjac,mr4 ,graves of ,georgia 7for himself1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,woodall1 ,mr4 ,de,santis1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,weber of ,texas1 ,mr4 ,amash1 ,mr4 ,rokita1 ,mr4 ,westmoreland1 ,mr4 ,stutzman1 ,mr4 ,gohmert1 ,mr4 ,franks of ,arizona1 ,mr4 ,jones1 ,mr4 ,hensarling1 ,mr4 ,mulvaney1 ,mr4 ,schweikert1 ,mr4 ,long1 ,mr4 ,broun of ,georgia1 ,mr4 ,gingrey of ,georgia1 ,mr4 ,brady of ,texas1 and ,mr4 ,huelskamp7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,ways and ,means and the ,budget1 for a period to be subsequently determined by the ,speaker1 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 programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transportation ,empowerment ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 the objective of the ,federal highway program has been to facilitate the construction of a modern freeway system that promotes efficient interstate commerce by connecting all ,states2 7#b7 that objective has been attained1 and the ,interstate ,system connecting all ,states is near completion2 7#c7 each ,state has the responsibility of providing an efficient transportation network for the residents of the ,state2 7#d7 each ,state has the means to build and operate a network of transportation systems1 including highways1 that best serves the needs of the ,state2 7#e7 each ,state is best capable of determining the needs of the ,state and acting on those needs2 7#f7 the ,federal role in highway transportation has1 over time1 usurped the role of the ,states by taxing motor fuels used in the ,states and then distributing the proceeds to the ,states based on the ,federal ,government's perceptions of what is best for the ,states2 7#g7 the ,federal ,government has used the ,federal motor fuels tax revenues to force all ,states to take actions that are not necessarily appropriate for individual ,states2 7#h7 the ,federal distribution1 review1 and enforcement process wastes billions of dollars on unproductive activities2 7#i7 ,federal mandates that apply uniformly to all #ej ,states1 regardless of the different circumstances of the ,states1 cause the ,states to waste billions of hard-earned tax dollars on projects1 programs1 and activities that the ,states would not otherwise undertake2 and 7#aj7 ,congress has expressed a strong interest in reducing the role of the ,federal ,government by allowing each ,state to manage its own affairs4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 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 ,government2 7#b7 to preserve ,federal responsibility for the ,dwight ,d4 ,eisenhower ,national ,system of ,interstate and ,defense ,highways2 7#c7 to preserve the responsibility of the ,department of ,transportation for-- 7,a7 design1 construction1 and preservation of transportation facilities on ,federal public land2 7,b7 national programs of transportation research and development and transportation safety2 and 7,c7 emergency assistance to the ,states in response to natural disasters2 7#d7 to eliminate to the maximum extent practicable ,federal obstacles to the ability of each ,state to apply innovative solutions to the financing1 design1 construction1 operation1 and preservation of ,federal and ,state transportation facilities2 and 7#e7 with respect to transportation activities carried out by ,states1 local governments1 and the private sector1 to encourage-- 7,a7 competition among ,states1 local governments1 and the private sector2 and 7,b7 innovation1 energy efficiency1 private sector participation1 and productivity4 #c4 ,funding limitation ,notwithstanding any other provision of law1 if the ,secretary of ,transportation determines for any of fiscal years #bjae through #bjai that the aggregate amount required 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 year1 each amount made available for such a program or project shall be reduced by the pro rata percentage required 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 year4 #d4 ,funding for core highway programs 7a7 ,in general 7#a7 ,authorization of appropriations ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation program under section #acc of that title1 the highway safety improvement program under section #adh of that title1 the congestion mitigation and air quality improvement program under section #adi of that title1 and to carry out section #acd of that title-- 7i7 #cg1eib1egf1jjj for fiscal year #bjae2 7ii7 #ai1gbj1fif1jjj for fiscal year #bjaf2 7iii7 #ac1adg1acj1jjj for fiscal year #bjag2 7iv7 #aj1bga1aif1jjj for fiscal year #bjah2 and 7v7 #g1fjj1fhe1jjj for fiscal year #bjai4 7,b7 ,emergency relief ,for emergency relief under section #abe of that title1 #ajj1jjj1jjj for each of fiscal years #bjae through #bjai4 7,c7 ,federal lands programs 7i7 ,federal lands transportation program ,for the ,federal lands transportation program under section #bjc of that title1 #cjj1jjj1jjj for each of fiscal years #bjae through #bjai1 of which #bdj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,national ,park ,service and #cj1jjj1jjj of the amount made available for each fiscal year shall be the amount for the ,united ,states ,fish and ,wildlife ,service4 7ii7 ,federal lands access program ,for the ,federal lands access program under section #bjd of that title1 #bej1jjj1jjj for each of fiscal years #bjae through #bjai4 7,d7 ,administrative expenses ,section #ajd7;a77#a7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to be made available to the ,secretary for administrative expenses of the ,federal ,highway ,administration-- 7,a7 #dcg1fjj1jjj for fiscal year #bjae2 7,b7 #bbi1efe1jjj for fiscal year #bjaf2 7,c7 #aec1jdc1jjj for fiscal year #bjag2 7,d7 #aai1efe1jjj for fiscal year #bjah2 and 7,e7 #hh1dgh1jjj for fiscal year #bjai4 4 7#b7 ,transferability of funds ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7f7 and inserting the following3 7f7 ,transferability of funds 7#a7 ,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 purpose1 the ,state may transfer the excess funds to1 and use the excess funds for1 any surface transportation 7including mass transit and rail7 purpose in the ,state4 7#b7 ,enforcement ,if the ,secretary determines that a ,state has transferred funds under paragraph 7#a7 to a purpose that is not a surface transportation purpose as described in paragraph 7#a71 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 determination4 4 7#c7 ,federal-aid system 7,a7 ,in general ,section #ajc7;a7 of title #bc1 ,united ,states ,code1 is amended by striking the ,national ,highway ,system1 which includes 4 7,b7 ,conforming amendments ,chapter #a of title #bc1 ,united ,states ,code1 is amended-- 7i7 in section #ajc by striking the section designation and heading and inserting the following3 #ajc4 ,federal-aid system 2 and 7ii7 in the analysis by striking the item relating to section #ajc and inserting the following3 #ajc4 ,federal-aid system4 4 7#d7 ,calculation of ,state amounts ,section #ajd7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b7-- 7i7 in the paragraph heading by striking ,for fiscal year #bjad and inserting ,thereafter2 and 7ii7 in subparagraph 7,a7 by striking fiscal year #bjad and inserting a fiscal year4 7#e7 ,national bridge and tunnel inventory and inspection standards 7,a7 ,in general ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7i7 in subsection 7e77#a7 by inserting on the ,federal-aid system after any bridge2 and 7ii7 in subsection 7f77#a7 by inserting on the ,federal-aid system after construct any bridge4 7,b7 ,repeal of historic bridges provisions ,section #add7;g7 of title #bc1 ,united ,states ,code1 is repealed4 7#f7 ,repeal of transportation alternatives program ,the following provisions are repealed3 7,a7 ,section #bac of title #bc1 ,united ,states ,code4 7,b7 ,the item relating to section #bac in the analysis for chapter #a of title #bc1 ,united ,states ,code4 7#g7 ,national defense highways ,section #caa of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in the first sentence1 by striking under subsection 7a7 of section #ajd of this title and inserting to carry out this section2 and 7,b7 by striking the second sentence4 7#h7 ,federalization and defederalization of projects ,notwithstanding any other provision of law1 beginning on ,october #a1 #bjad-- 7,a7 a highway construction or improvement project shall not be considered to be a ,federal highway construction or improvement project unless and until a ,state expends ,federal funds for the construction portion of the project2 7,b7 a highway construction or improvement project shall not be considered to be a ,federal highway construction or improvement project solely by reason of the expenditure of ,federal funds by a ,state before the construction phase of the project to pay expenses relating to the project1 including for any environmental document or design work required for the project2 and 7,c7 7i7 a ,state may1 after having used ,federal funds to pay all or a portion of the costs of a highway construction or improvement project1 reimburse the ,federal ,government in an amount equal to the amount of ,federal funds so expended2 and 7ii7 after completion of a reimbursement described in clause 7i71 a highway construction or improvement project described in that clause shall no longer be considered to be a ,federal highway construction or improvement project4 7#i7 ,reporting requirements ,no reporting requirement1 other than a reporting requirement in effect as of the date of enactment of this ,act1 shall apply on or after ,october #a1 #bjad1 to the use of ,federal funds for highway projects by a public-private partnership4 7b7 ,expenditures from ,highway ,trust ,fund 7#a7 ,expenditures for core programs ,section #iejc7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,october #a1 #bjad and inserting ,october #a1 #bjbj2 and 7ii7 by striking ,,map-#ba and inserting ,transportation ,empowerment ,act2 7,b7 in paragraphs 7#c77;,a77i71 7#d77;,a71 and 7#e71 by striking ,october #a1 #bjaf each place it appears and inserting ,october #a1 #bjbb2 and 7,c7 in paragraph 7#b71 by striking ,july #a1 #bjag and inserting ,july #a1 #bjbc4 7#b7 ,amounts available for core program expenditures ,section #iejc of such ,code is amended by adding at the end the following3 7g7 ,core programs financing rate ,for purposes of this section-- 7#a7 ,in general ,except as provided in paragraph 7#b7-- 7,a7 in the case of gasoline and special motor fuels the tax rate of which is the rate specified in section #djha7;a77#b77;,a77i71 the core programs financing rate is-- 7i7 after ,september #cj1 #bjad1 and before ,october #a1 #bjae1 #ah4c cents per gallon1 7ii7 after ,september #cj1 #bjae1 and before ,october #a1 #bjaf1 #i4f cents per gallon1 7iii7 after ,september #cj1 #bjaf1 and before ,october #a1 #bjag1 #f4d cents per gallon1 7iv7 after ,september #cj1 #bjag1 and before ,october #a1 #bjah1 #e4j cents per gallon1 and 7v7 after ,september #cj1 #bjah1 #c4g cents per gallon1 and 7,b7 in the case of kerosene1 diesel fuel1 and special motor fuels the tax rate of which is the rate specified in section #djha7;a77#b77;,a77iii71 the core programs financing rate is-- 7i7 after ,september #cj1 #bjad1 and before ,october #a1 #bjae1 #bd4c cents per gallon1 7ii7 after ,september #cj1 #bjae1 and before ,october #a1 #bjaf1 #ab4g cents per gallon1 7iii7 after ,september #cj1 #bjaf1 and before ,october #a1 #bjag1 #h4e cents per gallon1 7iv7 after ,september #cj1 #bjag1 and before ,october #a1 #bjah1 #f4f cents per gallon1 and 7v7 after ,september #cj1 #bjah1 #e4j cents per gallon4 7#b7 ,application of rate ,in the case of fuels used as described in paragraph 7#c77;,c71 7#d77;,b71 and 7#e7 of subsection 7c71 the core programs financing rate is zero4 4 7c7 ,termination of ,mass ,transit ,account ,section #iejc7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by inserting and before ,october #a1 #bjad after ,march #ca1 #aihc1 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,transfer to ,highway ,account ,on ,october #a1 #bjad1 the ,secretary shall transfer all amounts in the ,mass ,transit ,account to the ,highway ,account4 4 7d7 ,effective date ,the amendments and repeals made by this section take effect on ,october #a1 #bjad4 #e4 ,funding for highway research and development program 7a7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 #aae1jjj1jjj for each of fiscal years #bjae through #bjai4 7b7 ,applicability of title #bc1 ,united ,states ,code ,funds authorized to be appropriated by subsection 7a7 shall-- 7#a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this ,act 7including the amendments by this ,act7 or otherwise determined by the ,secretary2 and 7#b7 remain available until expended and not be transferable4 #f4 ,return of excess tax receipts to ,states 7a7 ,in general ,section #iejc7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7#f7 ,return of excess tax receipts to ,states for surface transportation purposes 7,a7 ,in general ,on the first day of each of fiscal years #bjaf1 #bjag1 #bjah1 and #bjai1 the ,secretary1 in consultation with the ,secretary of ,transportation1 shall-- 7i7 determine the excess 7if any7 of-- 7,i7 the amounts appropriated in such fiscal year to the ,highway ,trust ,fund under subsection 7b7 which are attributable to the taxes described in paragraphs 7#a7 and 7#b7 thereof 7after the application of paragraph 7#d7 thereof7 over the sum of-- 7,,ii7 the amounts so appropriated which are equivalent to-- 7aa7 such amounts attributable to the core programs financing rate for such year1 plus 7bb7 the taxes described in paragraphs 7#c77;,c71 7#d77;,b71 and 7#e7 of subsection 7c71 and 7ii7 allocate the amount determined under clause 7i7 among the ,states 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code7 for surface transportation 7including mass transit and rail7 purposes so that-- 7,i7 the percentage of that amount allocated to each ,state1 is equal to 7,,ii7 the percentage of the amount determined under clause 7i77,i7 paid into the ,highway ,trust ,fund in the latest fiscal year for which such data are available which is attributable to highway users in the ,state4 7,b7 ,enforcement ,if the ,secretary determines that a ,state has used amounts under subparagraph 7,a7 for a purpose which is not a surface transportation purpose as described in subparagraph 7,a71 the improperly used amounts shall be deducted from any amount the ,state would otherwise receive from the ,highway ,trust ,fund for the fiscal year which begins after the date of the determination4 4 7b7 ,effective date ,the amendment made by this section takes effect on ,october #a1 #bjad4 #g4 ,reduction in taxes on gasoline1 diesel fuel1 kerosene1 and special fuels funding ,highway ,trust ,fund 7a7 ,reduction in tax rate 7#a7 ,in general ,section #djha7;a77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in clause 7i71 by striking #ah4c cents and inserting #c4g cents2 and 7,b7 in clause 7iii71 by striking #bd4c cents and inserting #e4j cents4 7#b7 ,conforming amendments 7,a7 ,section #djha7;a77#b77;,d7 of such ,code is amended-- 7i7 by striking #ai4g cents and inserting #d4a cents1 and 7ii7 by striking #bd4c cents and inserting #e4j cents4 7,b7 ,section #fdbg7;b77#b77;,a7 of such ,code is amended by striking #g4d cents and inserting #a4e cents4 7b7 ,additional conforming amendments 7#a7 ,section #djda7;a77#a77;,c77iii77,i7 of the ,internal ,revenue ,code of #aihf is amended by striking #g4c cents per gallon 7#d4c cents per gallon after ,september #cj1 #bjaf7 and inserting #a4d cents per gallon 7zero after ,september #cj1 #bjba74 7#b7 ,section #djda7;a77#b77;,b77ii7 of such ,code is amended by striking #bd4c cents and inserting #e4j cents4 7#c7 ,section #djda7;a77#c77;,a7 of such ,code is amended by striking #ah4c cents and inserting #c4g cents4 7#d7 ,section #djda7m77#a7 of such ,code is amended-- 7,a7 in subparagraph 7,a71 by striking #bjaf and inserting #bjba12 7,b7 in subparagraph 7,a77i71 by striking #i4ae cents and inserting #a4h cents2 7,c7 in subparagraph 7,a77ii71 by striking #aa4c cents and inserting #b4c cents2 and 7,d7 by striking subparagraph 7,b7 and inserting the following3 7,b7 zero after ,september #cj1 #bjba4 4 7#e7 ,section #djha7;d77#a7 of such ,code is amended by striking #d4c cents per gallon after ,september #cj1 #bjaf and inserting zero after ,september #cj1 #bjba4 7#f7 ,section #iejc7;b7 of such ,code is amended-- 7,a7 in paragraphs 7#a7 and 7#b71 by striking ,october #a1 #bjaf both places it appears and inserting ,october #a1 #bjba2 7,b7 in the heading of paragraph 7#b71 by striking ,october #a1 #bjaf and inserting ,october #a1 #bjba2 7,c7 in paragraph 7#b71 by striking after ,september #cj1 #bjaf1 and before ,july #a1 #bjag and inserting after ,september #cj1 #bjba1 and before ,july #a1 #bjbb2 and 7,d7 in paragraph 7#f77;,b71 by striking ,october #a1 #bjad and inserting ,october #a1 #bjai4 7c7 ,floor stock refunds 7#a7 ,in general ,if-- 7,a7 before ,october #a1 #bjai1 tax has been imposed under section #djha of the ,internal ,revenue ,code of #aihf on any liquid2 and 7,b7 on such date such liquid is held by a dealer and has not been used and is intended for sale2 there shall be credited or refunded 7without interest7 to the person who paid such tax 7in this subsection referred to as the taxpayer7 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 date4 7#b7 ,time for filing claims ,no credit or refund shall be allowed or made under this subsection unless-- 7,a7 claim therefor is filed with the ,secretary of the ,treasury before ,april #a1 #bjbj2 and 7,b7 in any case where liquid is held by a dealer 7other than the taxpayer7 on ,october #a1 #bjai-- 7i7 the dealer submits a request for refund or credit to the taxpayer before ,january #a1 #bjbj2 and 7ii7 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 credit or the making of the refund4 7#c7 ,exception for fuel held in retail stocks ,no credit or refund shall be allowed under this subsection with respect to any liquid in retail stocks held at the place where intended to be sold at retail4 7#d7 ,definitions ,for purposes of this subsection1 the terms dealer and held by a dealer have the respective meanings given to such terms by section #fdab of such ,code2 except that the term dealer includes a producer4 7#e7 ,certain rules to apply ,rules similar to the rules of subsections 7b7 and 7c7 of section #fdab and sections #fbjf and #ffge of such ,code shall apply for purposes of this subsection4 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to fuel removed after ,september #cj1 #bjai4 7#b7 ,certain conforming amendments ,the amendments made by subsections 7b77#d7 and 7b77#f7 shall apply to fuel removed after ,september #cj1 #bjaf4 #h4 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 after consultation with the appropriate committees of ,congress1 the ,secretary of ,transportation shall submit a report to ,congress describing such technical and conforming amendments to titles #bc and #di1 ,united ,states ,code1 and such technical and conforming amendments to other laws1 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 ,act4 #i4 ,effective date contingent on certification of deficit neutrality 7a7 ,purpose ,the purpose of this section is to ensure that-- 7#a7 this ,act will become effective only if the ,director of the ,office of ,management and ,budget certifies that this ,act is deficit neutral2 7#b7 discretionary spending limits are reduced to capture the savings realized in devolving transportation functions to the ,state level pursuant to this ,act2 and 7#c7 the tax reduction made by this ,act is not scored under pay-as-you-go and does not inadvertently trigger a sequestration4 7b7 ,effective date contingency ,notwithstanding any other provision of this ,act1 this ,act and the amendments made by this ,act shall take effect only if-- 7#a7 the ,director of the ,office of ,management and ,budget 7referred to in this section as the ,director7 submits the report as required in subsection 7c72 and 7#b7 the report contains a certification by the ,director that1 based on the required estimates1 the reduction 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 #bjai4 7c7 ,,omb estimates and report 7#a7 ,requirements ,not later than #e calendar days after the date of enactment of this ,act1 the ,director shall-- 7,a7 estimate the net change in revenues resulting from this ,act for each fiscal year through fiscal year #bjai2 7,b7 estimate the net change in discretionary outlays resulting from the reduction in contract authority under this ,act for each fiscal year through fiscal year #bjai2 7,c7 determine1 based on those estimates1 whether the reduction in discretionary outlays is at least as great as the reduction in revenues for each fiscal year through fiscal year #bjai2 and 7,d7 submit to ,congress a report setting forth the estimates and determination4 7#b7 ,applicable assumptions and guidelines 7,a7 ,revenue estimates ,the revenue estimates required under paragraph 7#a77;,a7 shall be predicated on the same economic and technical assumptions and score keeping guidelines that would be used for estimates made pursuant to section #beb7;d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijb7;d774 7,b7 ,outlay estimates ,the outlay estimates required under paragraph 7#a77;,b7 shall be determined by comparing the level of discretionary outlays resulting from this ,act with the corresponding level of discretionary outlays projected in the baseline under section #beg of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijg74 7d7 ,conforming adjustment to discretionary spending limits ,on compliance with the requirements specified in subsection 7b71 the ,director shall adjust the adjusted discretionary spending limits for each fiscal year through fiscal year #bjai under section #fja7;a77#b7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffe7;a77#b77 by the estimated reductions in discretionary outlays under subsection 7c77#a77;,b74 7e7 ,paygo interaction ,on compliance with the requirements specified in subsection 7b71 no changes in revenues estimated to result from the enactment of this ,act shall be counted for the purposes of section #beb7;d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijb7;d774