[Congressional Record Volume 161, Number 120 (Tuesday, July 28, 2015)]
[Senate]
[Pages S6079-S6083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 2538. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill H.R. 22, to amend the Internal Revenue Code of 1986 
to exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       On page 757, after line 21, add the following:

     SEC. 35416. BRIDGE INSPECTION REPORTS.

       Section 417(d) of the Rail Safety Improvement Act of 2008 
     (49 U.S.C. 20103 note) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Availability of bridge inspection reports.--The 
     Administrator of the Federal Railroad Administration shall--
       ``(A) maintain a copy of the most recent bridge inspection 
     reports prepared in accordance with section (b)(5); and
       ``(B) provide copies of the reports described in 
     subparagraph (A) to appropriate State and local government 
     transportation officials, upon request.''.
                                 ______
                                 
  SA 2539. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill H.R. 22, to amend the Internal Revenue Code of 1986 
to exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       On page 767, line 13, strike ``(3)'' and insert the 
     following:
       (3) upon the request of each State, political subdivision 
     of a State, or public agency responsible for emergency 
     response or law enforcement, to require each applicable 
     fusion center to provide advance notice for each high-hazard 
     flammable train traveling through the jurisdiction of each 
     State, political subdivision of a State, or public agency, 
     which notice shall include the electronic train consist 
     information described in paragraph (1)(A) for the high-hazard 
     flammable train, and to the extent practicable, for 
     requesting States, political subdivisions, or public 
     agencies, to ensure that the fusion center shall provide at 
     least 12 hours of advance notice for a high-hazard flammable 
     train that will be traveling through the jurisdiction of the 
     State, political subdivision of a State, or public agency, 
     and include within the notice its best estimate of the time 
     the train will enter the jurisdiction;
       (4)
                                 ______
                                 
  SA 2540. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to 
exempt employees with health coverage under TRICARE or the Veterans 
Administration from being taken into account for purposes of 
determining the employers to which the employer mandate applies under 
the Patient Protection and Affordable Care Act; which was ordered to 
lie on the table; as follows:

       At the end of division F, add the following:

              TITLE LXIII--TRANSPORTATION EMPOWERMENT ACT

     SEC. 63001. SHORT TITLE.

       This title may be cited as the ``Transportation Empowerment 
     Act''.

     SEC. 63002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) 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 
     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 providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate 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 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 States;
       (7) 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 States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise 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 title 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 Interstate and Defense 
     Highways;
       (4) to preserve the responsibility of the Department 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 practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (6) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

     SEC. 63003. FUNDING LIMITATION.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any of fiscal 
     years 2022 through 2026 that the aggregate amount required to 
     carry out transportation programs and projects under this 
     title and amendments made by this title 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 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 year.

     SEC. 63004. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Authorization of appropriations.--The following sums 
     are authorized to be appropriated 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 program under 
     section 133 of that title, and the highway safety improvement 
     program under section 148 of that title, for each of fiscal 
     years 2022 through 2026, 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 account 
     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 2022 through 2026.
       (C) Federal lands programs.--
       (i) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of title 23, 
     United States Code, $300,000,000 for each of fiscal years 
     2022 through 2026, 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.
       (ii) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code, $250,000,000 for each of fiscal years 2022 through 
     2026.
       (D) Administrative expenses.--Section 104(a) of title 23, 
     United States Code, is amended by striking paragraph (1) and 
     inserting 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 2022 through 2026, to be 
     made available to the Secretary for administrative expenses 
     of the Federal Highway Administration, 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 provision of law, 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

[[Page S6080]]

     Trust Fund (other than the Mass Transit Account) for a fiscal 
     year an amount less than the amount authorized under 
     subparagraph (A) for such fiscal year.
       ``(ii)(I) Clause (i) may be waived or suspended 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 subclause (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 
     affirmative vote of \3/5\ of the Members, duly chosen 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 subclause (I).
       ``(iii) This subparagraph is enacted by Congress--
       ``(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 respect to the procedure to be 
     followed in that House in the case of a joint resolution, and 
     it supersedes other rules only to the extent that it is 
     inconsistent with those rules; and
       ``(II) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure 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 striking 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, any surface transportation (including 
     mass transit and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines 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 determination.''.
       (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 includes''.
       (B) Conforming amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (i) in section 103 by striking the section designation and 
     heading and inserting the following:

     ``Sec. 103. Federal-aid system'';

     and
       (ii) in the analysis by striking the item relating to 
     section 103 and inserting the following:

``103. Federal-aid system.''.
       (4) Calculation of state amounts.--Section 104(c)(2) of 
     title 23, United States Code, is amended--
       (A) in the paragraph heading by striking ``For fiscal year 
     2014'' and inserting ``Subsequent fiscal years''; and
       (B) in subparagraph (A) by striking ``fiscal year 2014'' 
     and inserting ``fiscal year 2022 and each subsequent fiscal 
     year''.
       (5) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2022--
       (A) 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 project;
       (B) 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 project, including 
     for any environmental document or design work required for 
     the project; and
       (C)(i) a State may, after having used Federal 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, 
     2022, to the use of Federal funds for highway projects by a 
     public-private partnership.
       (b) Expenditures From Highway Trust Fund.--
       (1) Expenditures for core programs.--Section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in paragraph (1), as amended by division G and section 
     51101(a)--
       (i) by striking ``October 1, 2021'' and inserting ``October 
     1, 2026''; and
       (ii) by striking ``DRIVE Act'' and inserting 
     ``Transportation Empowerment Act'';
       (B) in paragraph (2), as amended by section 51102(e)(1)(B), 
     by striking ``July 1, 2024'' and inserting ``July 1, 2030''; 
     and
       (C) in paragraph (5), by striking ``October 1, 2011'' and 
     inserting ``October 1, 2026''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following:
       ``(g) Core Programs Financing Rate.--For purposes of this 
     section--
       ``(1) In general.--Except as provided in paragraph (2)--
       ``(A) in the case of gasoline and special motor fuels the 
     tax rate of which is the rate specified in section 
     4081(a)(2)(A)(i), the core programs financing rate is--
       ``(i) after September 30, 2022, and before October 1, 2023, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2023, and before October 1, 
     2024, 9.6 cents per gallon,
       ``(iii) after September 30, 2024, and before October 1, 
     2025, 6.4 cents per gallon,
       ``(iv) after September 30, 2025, and before October 1, 
     2026, 5.0 cents per gallon, and
       ``(v) after September 30, 2026, 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, 2022, and before October 1, 2023, 
     24.3 cents per gallon,
       ``(ii) after September 30, 2023, and before October 1, 
     2024, 12.7 cents per gallon,
       ``(iii) after September 30, 2024, and before October 1, 
     2025, 8.5 cents per gallon,
       ``(iv) after September 30, 2025, and before October 1, 
     2026, 6.6 cents per gallon, and
       ``(v) after September 30, 2026, 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 financing 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, 2022'' after ``March 31, 1983''; 
     and
       (2) by adding at the end the following:
       ``(6) Transfer to highway account.--On October 1, 2022, the 
     Secretary shall transfer all amounts in the Mass Transit 
     Account to the Highway Account.''.
       (d) Effective Date.--The amendments and repeals made by 
     this section shall take effect on October 1, 2023.

     SEC. 63005. FEDERAL-AID HIGHWAY PROGRAM.

       (a) National Highway Performance Program.--
       (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 natural gas infrastructure in 
     accordance with section 137, bicycle transportation and 
     pedestrian 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 subsection (g).
       (3) Conforming amendments.--
       (A) Section 101(a)(29)(F)(i) of title 23, United States 
     Code, is amended by striking ``133(b)(11), 328(a),'' and 
     inserting ``328(a)''.
       (B) Section 133(c) of title 23, United States Code, is 
     amended--
       (i) by striking paragraph (1);
       (ii) in paragraph (2), by striking ``(11), (20), (25), and 
     (26)'' and inserting ``(17), (22), and (23)''; and
       (iii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.
       (C) Section 165(c)(7) of title 23, United States Code, is 
     amended by striking ``(14), and (19)'' and inserting ``and 
     (16)''.
       (c) Metropolitan Transportation Planning.--
       (1) In general.--Section 134 of title 23, United States 
     Code, is repealed.
       (2) Conforming amendments.--

[[Page S6081]]

       (A) The chapter analysis for chapter 1 of title 23, United 
     States Code, is amended by striking the item relating to 
     section 134.
       (B) Section 2864(d)(2) of title 10, United States Code, is 
     amended by inserting ``(as in effect on the day before the 
     date of enactment of the Transportation Empowerment Act)'' 
     after ``title 23''.
       (C) Section 103(b)(3) of title 23, United States Code, is 
     amended by striking subparagraph (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 paragraph (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 
     appropriately;
       (IV) in subparagraph (A) (as so redesignated), by striking 
     ``clause (ii)'' 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 Transportation Empowerment Act)'' after 
     ``subsection (b)(5)'' each place it appears; and

       (iii) in subsection (d)(2)--

       (I) by striking ``States.--'' and all that follows through 
     ``The distribution'' in subparagraph (A), in the matter 
     preceding clause (i), and inserting ``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 appropriately.

       (E) Section 106(h)(3)(C) of title 23, United States Code, 
     is amended by striking ``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 ``sections 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)--

       (aa) by striking ``Subject to section 134, to'' and 
     inserting ``To''; and
       (bb) by inserting ``(as in effect on the day before the 
     date of enactment of the Transportation Empowerment Act)'' 
     after ``section 134(a)''; and

       (II) in paragraph (3), by inserting ``(as in effect on the 
     day before the date of enactment of the Transportation 
     Empowerment Act)'' after ``section 134(a)'';

       (ii) in subsection (b)(1), by striking ``with the 
     transportation planning activities carried out under section 
     134 for metropolitan areas of the State and'';
       (iii) in subsection (f)(2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively;

       (iv) in subsection (g)--

       (I) in paragraph (2)--

       (aa) by striking subparagraph (A); and
       (bb) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; 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), respectively.
       (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 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 
     accordance 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

       (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 subsection (a), by striking 
     ``the metropolitan planning organization designated to 
     conduct the continuing, cooperative and comprehensive 
     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 134(i) of title 23, United States 
     Code, or''; and
       (ii) in paragraph (9), by striking ``section 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 ``section 135''; and
       (ii) by striking ``this this'' and inserting ``this''.
       (d) National Bridge and Tunnel Inventory and Inspection 
     Standards.--
       (1) In general.--Section 144 of title 23, United States 
     Code, is amended--
       (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 provisions.--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 ``bicyclist,''; and
       (iii) by striking paragraphs (11) through (13);
       (B) by striking subsections (b), (c), (d), (e), (f), (g), 
     (h), and (i); and
       (C) by redesignating subsection (j) as subsection (b).
       (2) Conforming amendments.--
       (A) Section 101(a)(27) of title 23, United States Code, is 
     amended by inserting ``(as in effect 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 enactment 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 preceding paragraph (1), by striking 
     ``section, section 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 improvement 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--
       (1) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (2) by striking the second sentence.

[[Page S6082]]

     SEC. 63006. FUNDING FOR HIGHWAY RESEARCH AND DEVELOPMENT 
                   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 2022 through 2026.
       (b) Applicability of Title 23, United States Code.--Funds 
     authorized to be appropriated by subsection (a) shall--
       (1) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act) or otherwise 
     determined by the Secretary; and
       (2) remain available until expended and not be 
     transferable.

     SEC. 63007. 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 purposes.--
       ``(A) In general.--On the first day of each of fiscal years 
     2023, 2024, 2025, and 2026, 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 appropriated which are equivalent 
     to--

       ``(aa) such amounts attributable to the core programs 
     financing rate for such year, plus
       ``(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 defined 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 attributable 
     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 described in 
     subparagraph (A), 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 determination.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on October 1, 2022.

     SEC. 63008. 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 inserting ``4.1 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``5.0 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``1.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986, as amended by section 51102(a)(1)(A), is 
     amended by striking ``7.3 cents per gallon (4.3 cents per 
     gallon after September 30, 2023)'' and inserting ``1.4 cents 
     per gallon (zero after September 30, 2028)''.
       (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 amended--
       (A) in subparagraph (A), as amended by section 
     51102(a)(2)(A), by striking ``2023'' and inserting ``2028,'';
       (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), as amended by section 
     51102(a)(1)(B), and inserting the following:
       ``(B) zero after September 30, 2028.''.
       (5) Section 4081(d)(1) of such Code, as amended by section 
     51102(a)(1)(C), is amended by striking ``4.3 cents per gallon 
     after September 30, 2023'' and inserting ``zero after 
     September 30, 2028''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), as amended by section 
     51102(e)(1)(A)(i), by striking ``October 1, 2023'' both 
     places it appears and inserting ``October 1, 2028'';
       (B) in the heading of paragraph (2), as amended by section 
     51102(e)(1)(A)(ii), by striking ``October 1, 2023'' and 
     inserting ``October 1, 2028'';
       (C) in paragraph (2), as amended by section 51102(e)(1)(A), 
     by striking ``after September 30, 2023, and before July 1, 
     2024'' and inserting ``after September 30, 2028, and before 
     July 1, 2029''; and
       (D) in paragraph (6)(B), as amended by division G, by 
     striking ``October 1, 2015'' and inserting ``October 1, 
     2020''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2028, 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;

     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 refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2029; and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2028--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2029; 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 credit or the making 
     of the refund.
       (3) 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 retail.
       (4) Definitions.--For purposes of this subsection, 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 paragraph (2), the 
     amendments made by this section shall apply to fuel removed 
     after September 30, 2023.
       (2) Certain conforming amendments.--
       (A) The amendments made by subparagraphs (A), (B), and (C) 
     of subsection (b)(6) shall take effect on October 1, 2023.
       (B) The amendment made by subsection (b)(6)(D) shall take 
     effect on October 1, 2022.

     SEC. 63009. REPORT TO CONGRESS.

       Not later than 180 days after the effective date of this 
     title, after consultation with the appropriate committees 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 title and the 
     amendments made by this title.

     SEC. 63010. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF 
                   DEFICIT NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this title will become effective only if the Director 
     of the Office of Management and Budget certifies that this 
     title is deficit neutral;
       (2) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this title; and
       (3) the tax reduction made by this title is not scored 
     under pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (b) Effective Date Contingency.--Notwithstanding any other 
     provision of this Act, this title and the amendments made by 
     this title shall take effect on the later of--
       (1)(A) the date on which the Director of the Office of 
     Management and Budget (referred to in this section as the 
     ``Director'') submits the report as required in subsection 
     (c); and
       (B) the report contains a certification by the Director 
     that, based on the required estimates, 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 2026; or
       (2) October 1, 2022.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     effective date of this title, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     title for each fiscal year through fiscal year 2026;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     title for each fiscal year through fiscal year 2026;

[[Page S6083]]

       (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 2026; and
       (D) submit to Congress a report setting forth the estimates 
     and determination.
       (2) Applicable assumptions and guidelines.--
       (A) Revenue estimates.--The revenue estimates required 
     under paragraph (1)(A) shall be predicated on the same 
     economic and technical assumptions and score keeping 
     guidelines 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 estimates required under 
     paragraph (1)(B) shall be determined by comparing the level 
     of discretionary outlays resulting from this title with the 
     corresponding level of discretionary outlays projected in the 
     baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (d) Budgetary Effects.--
       (1) Paygo scorecard.--The budgetary effects of this title 
     shall not be entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
     of 2010 (2 U.S.C. 933(d)).
       (2) Senate paygo scorecard.--The budgetary effects of this 
     title shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 201 of S. Con. Res. 21 (110th 
     Congress).
       (e) PAYGO Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this title 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)).
                                 ______
                                 
  SA 2541. Mr. McCONNELL (for Mr. Carper (for himself and Mr. Johnson)) 
proposed an amendment to the bill S. 614, to provide access to and use 
of information by Federal agencies in order to reduce improper 
payments, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Improper Payments 
     Coordination Act of 2015''.

     SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE 
                   JUDICIAL AND LEGISLATIVE BRANCHES AND STATES.

       Section 5 of the Improper Payments Elimination and Recovery 
     Improvement Act of 2012 (31 U.S.C. 3321 note) is amended--
       (1) in subsection (b)(3)--
       (A) in the paragraph heading, by striking ``by agencies'';
       (B) by striking ``For purposes'' and inserting the 
     following:
       ``(A) In general.--For purposes''; and
       (C) by adding at the end the following:
       ``(B) Other entities.--States and any contractor, 
     subcontractor, or agent of a State, and the judicial and 
     legislative branches of the United States (as defined in 
     paragraphs (2) and (3), respectively, of section 202(e) of 
     title 18, United States Code), shall have access to, and use 
     of, the Do Not Pay Initiative for the purpose of verifying 
     payment or award eligibility for payments (as defined in 
     section 2(g)(3) of the Improper Payments Information Act of 
     2002 (31 U.S.C. 3321 note)) when, with respect to a State, 
     the Director of the Office of Management and Budget 
     determines that the Do Not Pay Initiative is appropriately 
     established for that State and any contractor, subcontractor, 
     or agent of the State, and, with respect to the judicial and 
     legislative branches of the United States, when the Director 
     of the Office of Management and Budget determines that the Do 
     Not Pay Initiative is appropriately established for the 
     judicial branch or the legislative branch, as applicable.
       ``(C) Consistency with privacy act of 1974.--To ensure 
     consistency with the principles of section 552a of title 5, 
     United States Code (commonly known as the `Privacy Act of 
     1974'), the Director of the Office of Management and Budget 
     may issue guidance that establishes privacy and other 
     requirements that shall be incorporated into Do Not Pay 
     Initiative access agreements with States, including any 
     contractor, subcontractor, or agent of a State, and the 
     judicial and legislative branches of the United States.''; 
     and
       (2) in subsection (d)(2)--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by inserting after subparagraph (C) the following:
       ``(D) may include States and their quasi-government 
     entities, and the judicial and legislative branches of the 
     United States (as defined in paragraphs (2) and (3), 
     respectively, of section 202(e) of title 18, United States 
     Code) as users of the system in accordance with subsection 
     (b)(3).''.

     SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT 
                   AGENCIES TO CURB IMPROPER PAYMENTS.

       The Improper Payments Elimination and Recovery Improvement 
     Act of 2012 (31 U.S.C. 3321 note) is amended--
       (1) in section 5(a)(2), by striking subparagraph (A) and 
     inserting the following:
       ``(A) The death records maintained by the Commissioner of 
     Social Security.''; and
       (2) by adding at the end the following:

     ``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES 
                   FOR CURBING IMPROPER PAYMENTS.

       ``(a) Prompt Reporting of Death Information by the 
     Department of State and the Department of Defense.--Not later 
     than 1 year after the date of enactment of this section, the 
     Secretary of State and the Secretary of Defense shall 
     establish a procedure under which each Secretary shall, 
     promptly and on a regular basis, submit information relating 
     to the deaths of individuals to each agency for which the 
     Director of the Office of Management and Budget determines 
     receiving and using such information would be relevant and 
     necessary.
       ``(b) Guidance to Agencies Regarding Data Access and Use 
     for Improper Payments Purposes.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Director of the Office of 
     Management and Budget, in consultation with the Council of 
     the Inspectors General on Integrity and Efficiency, the heads 
     of other relevant Federal, State, and local agencies, and 
     Indian tribes and tribal organizations, as appropriate, shall 
     issue guidance regarding implementation of the Do Not Pay 
     Initiative under section 5 to--
       ``(A) the Department of the Treasury; and
       ``(B) each agency or component of an agency--
       ``(i) that operates or maintains a database of information 
     described in section 5(a)(2); or
       ``(ii) for which the Director determines improved data 
     matching would be relevant, necessary, or beneficial.
       ``(2) Requirements.--The guidance issued under paragraph 
     (1) shall--
       ``(A) address the implementation of subsection (a); and
       ``(B) include the establishment of deadlines for access to 
     and use of the databases described in section 5(a)(2) under 
     the Do Not Pay Initiative.''.

     SEC. 4. DATA ANALYTICS.

       Section 5 of the Improper Payments Elimination and Recovery 
     Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by 
     adding at the end the following:
       ``(h) Report on Improper Payments Data Analysis.--Not later 
     than 180 days after the date of enactment of the Federal 
     Improper Payments Coordination Act of 2015, the Secretary of 
     the Treasury shall submit to Congress a report which shall 
     include a description of--
       ``(1) data analytics performed as part of the Do Not Pay 
     Business Center operated by the Department of the Treasury 
     for the purpose of detecting, preventing, and recovering 
     improper payments through preaward, postaward prepayment, and 
     postpayment analysis, which shall include a description of 
     any analysis or investigations incorporating--
       ``(A) review and data matching of payments and beneficiary 
     enrollment lists of State programs carried out using Federal 
     funds for the purposes of identifying eligibility 
     duplication, residency ineligibility, duplicate payments, or 
     other potential improper payment issues;
       ``(B) review of multiple Federal agencies and programs for 
     which comparison of data could show payment duplication; and
       ``(C) review of other information the Secretary of the 
     Treasury determines could prove effective for identifying, 
     preventing, or recovering improper payments, which may 
     include investigation or review of information from multiple 
     Federal agencies or programs;
       ``(2) the metrics used in determining whether the analytic 
     and investigatory efforts have reduced, or contributed to the 
     reduction of, improper payments or improper awards; and
       ``(3) the target dates for implementing the data analytics 
     operations performed as part of the Do Not Pay Business 
     Center''.

                          ____________________