,,ii #aaeth ,,congress #b;d ,session ,s4 #caij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjah,mr4 ,lee 7for himself1 ,mr4 ,cruz1 and ,mr4 ,rubio7 introduced the following bill2 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 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 the objective described in paragraph 7#a7 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 perceptions of the ,federal ,government on 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 provide a new policy blueprint to govern the ,federal role in transportation once existing and prior financial obligations are met2 7#b7 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#c7 to preserve ,federal responsibility for the ,dwight ,d4 ,eisenhower ,national ,system of ,interstate and ,defense ,highways2 7#d7 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#e7 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#f7 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 #bjai through #bjbc 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 that 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 program1 etc ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation block grant program under section #acc of that title1 and the highway safety improvement program under section #adh of that title1 for each of fiscal years #bjai through #bjbc1 an aggregate amount not to exceed #aj percent of the balance of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 as estimated 7taking into account estimated revenues7 at the beginning of each such fiscal year4 7,b7 ,emergency relief ,for emergency relief under section #abe of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjai through #bjbc4 7,c7 ,federal lands programs 7i7 ,federal lands transportation program ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code1 #cjj1jjj1jjj for each of fiscal years #bjai through #bjbc1 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 title #bc1 ,united ,states ,code1 #bej1jjj1jjj for each of fiscal years #bjai through #bjbc4 7#b7 ,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 #ajc1 by striking the section designation and heading and inserting the following3 #ajc4 ,federal-aid system 2 and 7ii7 in the analysis1 by striking the item relating to section #ajc and inserting the following3 #ajc4 ,federal-aid system4 4 7#c7 ,federalization and defederalization of projects ,notwithstanding any other provision of law1 beginning on ,october #a1 #bjah-- 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#d7 ,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 #bjah1 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 #bjbj and inserting ,october #a1 #bjbe2 and 7ii7 by striking ,,fast ,act and inserting ,transportation ,empowerment ,act2 7,b7 in paragraph 7#b71 by striking ,july #a1 #bjbc and inserting ,july #a1 #bjbe2 7,c7 in paragraph 7#c77;,a77i71 by striking ,october #a1 #bjbb and inserting ,october #a1 #bjah2 and 7,d7 in paragraph 7#e71 by striking ,october #a1 #bjaa and inserting ,october #a1 #bjbb4 7#b7 ,amounts available for core program expenditures ,section #iejc of the ,internal ,revenue ,code of #aihf 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 #bjai1 and before ,october #a1 #bjbj1 #ah4c cents per gallon1 7ii7 after ,september #cj1 #bjbj1 and before ,october #a1 #bjba1 #i4f cents per gallon1 7iii7 after ,september #cj1 #bjba1 and before ,october #a1 #bjbb1 #f4d cents per gallon1 7iv7 after ,september #cj1 #bjbb1 and before ,october #a1 #bjbc1 #e4j cents per gallon1 and 7v7 after ,september #cj1 #bjbc1 #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 #bjai1 and before ,october #a1 #bjbj1 #bd4c cents per gallon1 7ii7 after ,september #cj1 #bjbj1 and before ,october #a1 #bjba1 #ab4g cents per gallon1 7iii7 after ,september #cj1 #bjba1 and before ,october #a1 #bjbb1 #h4e cents per gallon1 7iv7 after ,september #cj1 #bjbb1 and before ,october #a1 #bjbc1 #f4f cents per gallon1 and 7v7 after ,september #cj1 #bjbc1 #e4j cents per gallon4 7#b7 ,application of rate ,in the case of fuels used as described in paragraphs 7#c77;,c7 and 7#d77;,b7 of subsection 7c71 and aviation fuel described in paragraph 7#e7 of subsection 7c71 the core programs financing rate is zero4 4 7c7 ,termination of ,mass ,transit ,account ,section #iejc7;e7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in the first sentence of paragraph 7#b71 by inserting 1 and before ,october #a1 #bjah after ,march #ca1 #aihc2 and 7#b7 by adding at the end the following3 7#f7 ,transfer to ,highway ,account ,on ,october #a1 #bjah1 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 shall take effect on ,october #a1 #bjah4 #e4 ,federal-aid highway program 7a7 ,apportionment 7#a7 ,administrative expenses ,section #ajd7;a7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,authorization of appropriations 7,a7 ,in general ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for each of fiscal years #bjai through #bjbc1 to be made available to the ,secretary for administrative expenses of the ,federal ,highway ,administration1 an amount equal to #a percent of the balance of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 as estimated 7taking into account estimated revenues7 at the beginning of each such fiscal year4 7,b7 ,consideration in ,congress 7i7 ,in general ,notwithstanding any other provision of law1 it shall not be in order in the ,senate or the ,house of ,representatives to consider any measure that would make available for expenditure from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a fiscal year an amount less than the amount authorized under subparagraph 7,a7 for such fiscal year4 7ii7 ,waiver 7,i7 ,in general ,clause 7i7 may be waived or suspended in the ,senate only by the affirmative vote of #c_/e of the ,members1 duly chosen and sworn4 7,,ii7 ,debate ,debate on appeals in the ,senate from the decisions of the ,chair relating to subclause 7,i7 shall be limited to #a hour1 to be equally divided between1 and controlled by1 the mover and the manager of the measure that would make available for expenditure from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a fiscal year an amount less than the amount described in subparagraph 7,a74 7,,iii7 ,vote ,an affirmative vote of #c_/e of the ,members1 duly chosen and sworn1 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 subclause 7,i74 7iii7 ,rules of each ,house of ,congress ,this subparagraph is enacted by ,congress-- 7,i7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with those rules2 and 7,,ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 4 7#b7 ,division among programs of ,state's share of base apportionment ,section #ajd7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking the congestion mitigation and air quality improvement program1 the national highway freight program1 and to carry out section #acd and inserting and the national highway freight program2 7,b7 in each of paragraphs 7#a71 7#b71 and 7#c71 by striking paragraphs 7#d71 7#e71 and 7#f7 and inserting paragraph 7#d72 7,c7 by striking paragraph 7#d72 7,d7 by redesignating paragraph 7#e7 as paragraph 7#d72 7,e7 in paragraph 7#d7 7as so redesignated71 by striking subparagraph 7,d72 and 7,f7 by striking paragraph 7#f74 7#c7 ,calculation of ,state amounts ,section #ajd7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking each of fiscal years #bjaf through #bjbj and inserting fiscal year #bjai and each fiscal year thereafter2 and 7ii7 in subparagraph 7,a77i7-- 7,i7 in subclause 7,i71 by adding and at the end2 7,,ii7 in subclause 7,,ii71 by striking and and inserting by2 and 7,,iii7 by striking subclause 7,,iii72 and 7,b7 in paragraph 7#b7-- 7i7 by striking fiscal years #bjaf through #bjbj and inserting fiscal year #bjai and each fiscal year thereafter2 and 7ii7 by striking the congestion mitigation and air quality improvement program under section #adi1 the national highway freight program under section #afg1 and to carry out section #acd and inserting and the national highway freight program under section #afg4 7#d7 ,metropolitan planning ,section #ajd7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b72 7ii7 by striking 7,a7 ,use4--2 7iii7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7iv7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 by striking clause 7ii7 and inserting subparagraph 7,b72 and 7,,ii7 by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after section #acd in the ,state2 and 7v7 in subparagraphs 7,a7 and 7,b7 7as so redesignated71 by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 each place it appears2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,states4-- and all that follows through ,the distribution in subparagraph 7,a71 in the matter preceding clause 7i71 and inserting ,states4--,the distribution2 7ii7 in clause 7ii71 by striking section #acd and other2 7iii7 by striking subparagraph 7,b72 and 7iv7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately4 7#e7 ,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 public transportation 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#f7 ,supplemental funds ,section #ajd7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#b72 7,b7 by striking the subsection designation and heading and all that follows through ,before in subparagraph 7,a71 in the matter preceding clause 7i71 and inserting the following3 7h7 ,supplemental funds for national highway performance program 7#a7 ,amount ,before 2 7,c7 by redesignating subparagraph 7,b7 as paragraph 7#b7 and indenting appropriately2 7,d7 in paragraph 7#a7 7as so redesignated71 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b7 and indenting appropriately2 and 7,e7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,a7 and inserting paragraph 7#a74 7#g7 ,base apportionment defined ,section #ajd7;i7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking the congestion mitigation and air quality improvement program under section #adi1 the national highway freight program under section #afg1 and to carry out section #acd and inserting and the national highway freight program under section #afg2 and 7,b7 in paragraph 7#b71 by striking and the surface transportation block grant program4 7b7 ,national highway performance program 7#a7 ,in general ,section #aai7;d77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking subparagraph 7,h72 7,b7 by striking subparagraph 7,m72 7,c7 by striking subparagraph 7,o72 and 7,d7 by redesignating subparagraphs 7,i71 7,j71 7,k71 7,l71 7,n71 and 7,p7 as subparagraphs 7,h71 7,i71 7,j71 7,k71 7,l71 and 7,m71 respectively4 7#b7 ,repeal of environmental mitigation provisions ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7g72 and 7,b7 by redesignating subsections 7h7 through 7j7 as subsections 7g7 through 7i71 respectively4 7c7 ,surface transportation block grant program 7#a7 ,in general ,section #acc7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#c72 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 modifications to comply with accessibility requirements under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 2 7,c7 by striking paragraph 7#ae72 and 7,d7 by redesignating paragraphs 7#d7 through 7#ad7 as paragraphs 7#c7 through 7#ac71 respectively4 7#b7 ,repeal of bridges not on ,federal-aid highways provisions ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7f72 7,b7 by striking subsection 7h72 and 7,c7 by redesignating subsections 7g7 and 7i7 as subsections 7f7 and 7g71 respectively4 7#c7 ,conforming amendments 7,a7 ,section #acc7;c7 of title #bc1 ,united ,states ,code1 is amended by striking #aiia1 except in the matter preceding paragraph 7#a7 and all that follows through the period at the end of paragraph 7#d7 and inserting #aiia44 7,b7 ,section #acc7;d77#a7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by striking 7after the reservation of funds under subsection 7h774 7,c7 ,section #acc7;g7 of title #bc1 ,united ,states ,code 7as redesignated by paragraph 7#b77;,c771 is amended by striking 7excluding those carried out under subsection 7h77#e774 7,d7 ,section #afe7;c77#g7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 through 7#d7 of section #acc7;c7 and section #acc7;b77#ab7 and inserting section #acc7;b77#aa74 7d7 ,metropolitan transportation planning 7#a7 ,in general ,section #acd of title #bc1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendments 7,a7 ,the chapter analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #acd4 7,b7 ,section #bhfd7;d77#b7 of title #aj1 ,united ,states ,code1 is amended by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after title #bc4 7,c7 ,section #ajc7;b77#c7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,cooperation ,in proposing a modification under this paragraph1 a ,state shall cooperate with local and regional officials4 4 7,d7 ,section #ajf7;h77#c77;,c7 of title #bc1 ,united ,states ,code1 is amended by striking sections #acd and #ace and inserting section #ace4 7,e7 ,section #ajh7;d77#e77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking sections #acd and #ace and inserting section #ace4 7,f7 ,section #aai7;d77#a77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking sections #acd and #ace and inserting section #ace4 7,g7 ,section #acc7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking paragraph 7#f7 and inserting paragraph 7#e72 7ii7 by striking paragraph 7#b72 7iii7 in paragraph 7#e71 by striking sections #acd and #ace and inserting section #ace2 and 7iv7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively4 7,h7 ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a7-- 7aa7 by striking ,subject to section #acd1 to and inserting ,to2 and 7bb7 by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after section #acd7;a72 and 7,,ii7 in paragraph 7#c71 by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after section #acd7;a72 7ii7 in subsection 7b77#a71 by striking with the transportation planning activities carried out under section #acd for metropolitan areas of the ,state and2 7iii7 in subsection 7f7-- 7,i7 in paragraph 7#b7-- 7aa7 by striking subparagraph 7,a72 and 7bb7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively2 7,,ii7 by striking paragraph 7#d72 7,,iii7 in paragraph 7#f71 by striking paragraph 7#e7 and inserting paragraph 7#d72 and 7,,iv7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#d7 through 7#h71 respectively2 7iv7 in subsection 7g7-- 7,i7 in paragraph 7#b7-- 7aa7 by striking subparagraph 7,a72 and 7bb7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7,,ii7 in paragraph 7#h71 by striking and section #acd2 7v7 in subsection 7i71 by striking apportioned under paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 of this title and2 7vi7 in subsection 7j71 by striking and section #acd each place it appears2 and 7vii7 by adding at the end the following3 7n7 ,definitions ,in this section1 the definitions under section #acd7;b7 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 shall apply4 4 7,i7 ,section #acg of title #bc1 ,united ,states ,code1 is amended-- 7i7 by striking subsection 7e72 and 7ii7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively4 7,j7 ,section #adb of title #bc1 ,united ,states ,code1 is amended-- 7i7 by striking subsection 7d72 and 7ii7 by redesignating subsections 7e7 through 7i7 as subsections 7d7 through 7h71 respectively4 7,k7 ,section #add7;j7 of title #bc1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#c77;,b71 by striking a transportation improvement program under section #acd7;j7 or a statewide transportation improvement program under section #ace1 as applicable and inserting a statewide transportation improvement program under section #ace2 and 7ii7 in paragraph 7#d77;,a71 by striking sections #acd and #ace and inserting section #ace4 7,l7 ,section #afh7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking metropolitan or statewide transportation planning under section #acd or #ace1 respectively and inserting statewide transportation planning under section #ace4 7,m7 ,section #bja7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by striking sections #acd and #ace and inserting section #ace4 7,n7 ,section #bag7;g77#a7 of title #bc1 ,united ,states ,code1 is amended in the first sentence by striking metropolitan planning organization and ,state in accordance with sections #acd and #ace1 respectively and inserting ,state in accordance with section #ace4 7,o7 ,section #cbg7;a77#b77;,b77iv77,i7 of title #bc1 ,united ,states ,code1 is amended by striking #acd or4 7,p7 ,section #eje of title #bc1 ,united ,states ,code1 is amended-- 7i7 in subsection 7a77#b7-- 7,i7 by striking metropolitan and2 and 7,,ii7 by striking sections #acd and #ace and inserting section #ace2 and 7ii7 in subsection 7b77#b71 by striking sections #acd and #ace and inserting section #ace4 7,q7 ,section #fjb7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking sections #acd and #ace and inserting section #ace4 7,r7 ,section #agd of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejd7 is amended-- 7i7 in the fourth sentence of subsection 7a71 by striking the metropolitan planning organization designated to conduct the continuing1 cooperative and comprehensive transportation planning process for the area under section #acd of title #bc1 ,united ,states ,code12 7ii7 by striking subsection 7b72 and 7iii7 by redesignating subsection 7c7 as subsection 7b74 7,s7 ,section #agf7;c7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejf7;c77 is amended-- 7i7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking the second sentence2 7ii7 in paragraph 7#g77;,a71 in the matter preceding clause 7i71 by striking section #acd7;i7 of title #bc1 ,united ,states ,code1 or2 and 7iii7 in paragraph 7#i7-- 7,i7 by striking section #acd7;i7 of title #bc1 ,united ,states ,code1 or2 and 7,,ii7 by striking under section #acd7;j7 of such title #bc or4 7,t7 ,section #ahb7;c77#e7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geaa;a7c77#e77 is amended-- 7i7 by striking 7,a7 ,beginning and inserting ,beginning2 and 7ii7 in the last sentence by striking and with the requirements of section #agd7;b74 7,u7 ,section #ecjd7;i7 of title #di1 ,united ,states ,code1 is amended-- 7i7 by striking sections #acd and #ace each place it appears and inserting section #ace2 and 7ii7 by striking this this and inserting this4 7e7 ,national bridge and tunnel inventory and inspection standards 7#a7 ,in general ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7e77#a7 by inserting on the ,federal-aid system after any bridge2 and 7,b7 in subsection 7f77#a71 in the matter preceding subparagraph 7,a71 by inserting on the ,federal-aid system after construct any bridge4 7#b7 ,repeal of historic bridges provisions ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7g72 and 7,b7 by redesignating subsections 7h7 through 7k7 as subsections 7g7 through 7j71 respectively4 7f7 ,highway ,safety ,improvement ,program 7#a7 ,in general ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#b72 7ii7 in paragraph 7#d77;,b7-- 7,i7 by striking clause 7v72 7,,ii7 by redesignating clauses 7vi7 through 7xxviii7 as clauses 7v7 through 7xxvii71 respectively2 and 7,,iii7 in clause 7xxvii7 7as so redesignated71 by striking clauses 7i7 through 7xxvii7 and inserting clauses 7i7 through 7xxvi72 7iii7 in paragraph 7#h71 by striking bicyclist12 7iv7 by striking paragraphs 7#i7 through 7#ab72 and 7v7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#b7 through 7#g71 respectively2 7,b7 by striking subsections 7b7 through 7i72 and 7,c7 by redesignating subsections 7j7 and 7k7 as subsections 7b7 and 7c71 respectively4 7#b7 ,conforming amendments 7,a7 ,section #aja7;a77#bh7 of title #bc1 ,united ,states ,code1 is amended by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after section #adh7;a74 7,b7 ,section #bjb7;e77#a7 of title #bc1 ,united ,states ,code1 is amended by striking eligible projects described in section #adh7;a77#d7 and inserting highway safety improvement projects 7as defined in section #adh7;a774 7,c7 ,section #djb7;b77#a77;,f77v7 of title #bc1 ,united ,states ,code1 is amended by inserting 7as in effect on the day before the date of enactment of the ,transportation ,empowerment ,act7 after section #adh7;a74 7,d7 ,section #caajb of title #di1 ,united ,states ,code1 is amended-- 7i7 in subsection 7c77#b7-- 7,i7 by striking subparagraph 7,k72 and 7,,ii7 by redesignating subparagraphs 7,l7 through 7,,bb7 as subparagraphs 7,k7 through 7,,aa71 respectively2 7ii7 in subsection 7d71 by striking subsection 7c77#b77,y7 and inserting subsection 7c77#b77,x72 and 7iii7 in subsection 7l77#b77;,g71 by striking subsection 7c77#b77,p7 each place it appears and inserting subsection 7c77#b77,o74 7g7 ,repeal of congestion mitigation and air quality improvement program 7#a7 ,in general ,section #adi of title #bc1 ,united ,states ,code1 is repealed4 7#b7 ,conforming amendments 7,a7 ,the chapter analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #adi4 7,b7 ,section #ajf7;d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 by striking section1 section #acc1 or section #adi and inserting section or section #acc4 7,c7 ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7i7 in subsection 7c7-- 7,i7 by striking paragraph 7#e72 and 7,,ii7 by redesignating paragraph 7#f7 as paragraph 7#e72 and 7ii7 in subsection 7d77#a71 by striking 7#e71 and 7#f7 and inserting and 7#e74 7,d7 ,section #cbb7;h77#c7 of title #bc1 ,united ,states ,code1 is amended by striking and the congestion mitigation and air quality improvement program under section #adi4 7,e7 ,section #eje7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #adi14 7h7 ,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 #f4 ,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 #bjai through #bjbc4 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 #g4 ,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 #bjai1 #bjbj1 #bjba1 and #bjbb1 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 shall take effect on ,october #a1 #bjah4 #h4 ,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 #bjbb7 and inserting #a4d cents per gallon 7zero after ,september #cj1 #bjbc74 7#b7 ,section #djda7;a77#b77;,b77ii7 of such ,code is amended by striking #ah4c cents and inserting #d cents4 7#c7 ,clauses 7iii7 and 7iv7 of section #djda7;a77#b77;,b7 of such ,code are each amended by striking #bd4c cents and inserting #e4j cents4 7#d7 ,section #djda7;a77#c77;,a77ii7 of such ,code is amended by striking #ah4c cents and inserting #c4g cents4 7#e7 ,section #djda7m77#a7 of such ,code is amended-- 7,a7 in subparagraph 7,a71 by striking #bjbb and inserting #bjbc12 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 #bjbb4 4 7#f7 ,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#g7 ,section #iejc7;b7 of such ,code is amended-- 7,a7 in paragraphs 7#a7 and 7#b71 by striking ,october #a1 #bjbb both places it appears and inserting ,october #a1 #bjbc2 7,b7 in the heading of paragraph 7#b71 by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbc2 7,c7 in paragraph 7#b71 by striking after ,september #cj1 #bjbb1 and before ,july #a1 #bjbc and inserting after ,september #cj1 #bjbc1 and before ,july #a1 #bjbd2 and 7,d7 in paragraph 7#f77;,b71 by striking ,october #a1 #bjbj and inserting ,october #a1 #bjbc4 7c7 ,floor stock refunds 7#a7 ,in general ,if-- 7,a7 before ,october #a1 #bjbc1 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 #bjbd2 and 7,b7 in any case where liquid is held by a dealer 7other than the taxpayer7 on ,october #a1 #bjbc-- 7i7 the dealer submits a request for refund or credit to the taxpayer before ,january #a1 #bjbd2 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 paragraphs 7#b7 and 7#c71 the amendments made by this section shall apply to fuel removed after ,september #cj1 #bjbc4 7#b7 ,certain conforming amendments 7,a7 ,the amendments made by subsection 7b77#d7 shall apply to fuel removed after ,september #cj1 #bjai4 7,b7 ,the amendments made by subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7b77#f7 shall take effect on ,october #a1 #bjai4 7,c7 ,the amendment made by subsection 7b77#f77;,d7 shall take effect on ,june #a1 #bjah4 #i4 ,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 to ,congress a report that describes such technical and conforming amendments to titles #bc and #di1 ,united ,states ,code1 and 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 #aj4 ,application contingent on certification of deficit neutrality 7a7 ,purpose ,the purpose of this section is to ensure that-- 7#a7 this ,act will apply 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 apply only if-- 7#a7 the ,director of the ,office of ,management and ,budget 7referred to in this section as the ,director7 submits the report under 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 #bjbc4 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 #bjbc2 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 #bjbc2 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 #bjbc2 and 7,d7 submit to ,congress a report that describes 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 #bjbc 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