[Congressional Record (Bound Edition), Volume 158 (2012), Part 2]
[Senate]
[Pages 2474-2479]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1751. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1730 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 586, line 10, strike ``Section'' and insert the 
     following:
       (a) Safety Reviews.--Section
       On page 586, line 20, insert ``through a simple and 
     understandable rating system that allows motorcoach 
     passengers to compare the safety performance of motorcoach 
     operators'' before the semicolon.
       On page 587, line 25, strike ``shall reassess'' and insert 
     the following ``shall--
       ``(A) reassess
       On page 588, line 2, strike the period at the end and 
     insert the following: ``; and
       ``(B) annually assess the safety fitness of certain 
     providers of motorcoach services that serve primarily urban 
     areas with high passenger loads.
       On page 588, between lines 7 and 8, insert the following:
       (b) Disclosure of Safety Performance Ratings of Motorcoach 
     Services and Operations.--
       (1) In general.--Subchapter I of chapter 141 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  14105. Safety performance ratings of motorcoach 
       services and operations

       ``(a) Definitions.--In this section:
       ``(1) Motorcoach.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `motorcoach' has the meaning given to the term 
     `over-the-road bus' in section 3038(a)(3) of the 
     Transportation Equity Act for the 21st Century (49 U.S.C. 
     5310 note).
       ``(B) Exclusions.--The term `motorcoach' does not include--
       ``(i) a bus used in public transportation that is provided 
     by a State or local government; or
       ``(ii) a school bus (as defined in section 30125(a)(1)), 
     including a multifunction school activity bus.
       ``(2) Motorcoach services and operations.--The term 
     `motorcoach services and operations' means passenger 
     transportation by a motorcoach for compensation.
       ``(3) Point of sale.--The term `point of sale' means any 
     website, telephonic transaction, or ticket window through 
     which the sale of transportation occurs or where broker 
     service is provided.
       ``(b) Display of Motor Carrier Identification.--
       ``(1) Requirement.--Beginning on the date that is 1 year 
     after the date of the enactment of the Moving Ahead for 
     Progress in the 21st Century Act, no person may sell or offer 
     to sell interstate motorcoach transportation services, or 
     provide broker services related to such transportation, 
     unless the person, at the point of sale or provision of 
     broker services, conspicuously displays or, in the case of 
     telephonic transactions, verbally provides--
       ``(A) the legal name and USDOT number of the single motor 
     carrier responsible for the transportation and for compliance 
     with the Federal Motor Carrier Safety Regulations under parts 
     350 through 399 of title 49, Code of Federal Regulations; and
       ``(B) the URL for the Federal Motor Carrier Safety 
     Administration's public website where the Administration has 
     posted motor carrier and commercial motor vehicle driver 
     scores in the Safety Measurement System.
       ``(2) Civil penalties.--A person who violates paragraph (1) 
     shall be liable for civil penalties to the same extent as a 
     person who does not prepare a record in the form and manner 
     prescribed under section 14901(a).
       ``(c) Rulemaking.--
       ``(1) In general.--Not later than 2 years after the date on 
     which the safety fitness determination rule is implemented, 
     the Secretary shall require, by regulation--
       ``(A) each motor carrier that owns or leases 1 or more 
     motorcoaches that transport passengers subject to the 
     Secretary's jurisdiction under section 13501 to prominently 
     display the safety fitness rating assigned under section 
     31144(j)(1)(A)(ii)--
       ``(i) in each terminal of departure;
       ``(ii) in the motorcoach and visible from a position 
     exterior to the vehicle at the point of departure, if the 
     motorcoach does not depart from a terminal; and
       ``(iii) at all points of sale for such motorcoach services 
     and operations; and
       ``(B) any person who sells tickets for motorcoach services 
     and operations to display the rating system described in 
     subparagraph (A) at all points of sale for such motorcoach 
     services and operations.
       ``(2) Items included in the rulemaking.--In promulgating 
     safety performance ratings for motorcoaches pursuant to the 
     rulemaking required under paragraph (1), the Secretary shall 
     consider--
       ``(A) the need and extent to which safety performance 
     ratings should be made available in languages other than 
     English; and
       ``(B) penalties authorized under section 521.
       ``(3) Insufficient inspections.--Any motor carrier for 
     which insufficient safety data is available shall display a 
     label that states that the carrier has sufficiently passed 
     the preauthorization safety audit required under section 
     13902(b)(1)(A).
       ``(d) Effect on State and Local Law.--Nothing in this 
     section may be construed to preempt a State, or a political 
     subdivision of a State, from enforcing any requirements 
     concerning the manner and content of consumer information 
     provided by motor carriers that are not subject to the 
     Secretary's jurisdiction under section 13501.''.
       (2) Clerical amendment.--The analysis of chapter 141 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 14104 the following:

``Sec. 14105. Safety performance ratings of motorcoach services and 
              operations.''.
                                 ______
                                 
  SA 1752. Ms. SNOWE (for herself, Mr. Cardin, Ms. Klobuchar, Mr. 
Rubio, Mr. Rockefeller, Mr. Wicker, Mr. Merkley, Mr. Blumenthal, and 
Mr.

[[Page 2475]]

Tester) submitted an amendment intended to be proposed by her to the 
bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. IMPROVING AND EXPEDITING SAFETY ASSESSMENTS IN 
                   THE COMMERCIAL DRIVER'S LICENSE APPLICATION 
                   PROCESS FOR MEMBERS AND FORMER MEMBERS OF THE 
                   ARMED FORCES.

       (a) Study.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     coordination with the Secretary of Defense, and in 
     consultation with the States and other relevant stakeholders, 
     shall commence a study to assess Federal and State 
     regulatory, economic, and administrative challenges faced by 
     members and former members of the Armed Forces who received 
     safety training and operated qualifying motor vehicles during 
     their service in obtaining commercial driver's licenses (as 
     defined in section 31301(3) of title 49, United States Code).
       (2) Requirements.--The study shall--
       (A) identify written and behind-the-wheel safety training, 
     qualification standards, knowledge and skills tests, or other 
     operating experience members of the Armed Forces must meet 
     that satisfy the minimum standards prescribed by the 
     Secretary of Transportation for the operation of commercial 
     motor vehicles under section 31305 of title 49, United States 
     Code;
       (B) compare the alcohol and controlled substances testing 
     requirements for members of the Armed Forces with those 
     required for holders of a commercial driver's license;
       (C) evaluate the cause of delays in reviewing applications 
     for commercial driver's licenses of members and former 
     members of the Armed Forces;
       (D) identify duplicative application costs;
       (E) identify residency, domicile, training and testing 
     requirements, and other safety or health assessments that 
     affect or delay the issuance of commercial driver's licenses 
     to members and former members of the Armed Forces; and
       (F) other factors the Secretary deems appropriate to meet 
     the requirements of the study.
       (b) Report.--
       (1) In general.--Not later than 180 days after the 
     commencement of the study under subsection (a), the Secretary 
     of Transportation shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that provides findings and 
     recommendations on the study.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) findings related to the study requirements under 
     subsection (a)(2);
       (B) recommendations for the Federal and State legislative, 
     regulatory, and administrative actions necessary to address 
     challenges identified in subparagraph (A); and
       (C) a plan to implement the recommendations for which the 
     Secretary of Transportation has authority.
       (c) Implementation.--Upon completion of the report under 
     subsection (b), the Secretary of Transportation shall 
     implement the plan under subsection (b)(2)(C).
                                 ______
                                 
  SA 1753. Ms. KLOBUCHAR (for herself and Mr. Alexander) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 326, strike lines 9 through 17, and insert the 
     following:
       ``(A) In general.--Each State shall provide to--
       ``(i) nonmetropolitan local elected officials an 
     opportunity to participate in accordance with subparagraph 
     (B)(i); and
       ``(ii) affected individuals, public agencies, and other 
     interested parties notice and a reasonable opportunity to 
     comment on the statewide transportation plan and statewide 
     transportation improvement program.
       ``(B) Methods.--In carrying out this paragraph, the State 
     shall--
       ``(i) develop and document a consultative process to carry 
     out subparagraph (A)(i) that is separate and discrete from 
     the public involvement process developed under clause 
     (ii);''.
       Beginning on page 326, line 18, through page 327, line 14, 
     redesignate clauses (i) through (iv) as clauses (ii) through 
     (v), respectively.
       On page 348, lines 14 and 15, strike ``applicable Federal 
     law'' and insert ``this section and applicable Federal law 
     (including rules and regulations)''.
       On page 348, line 16, insert ``not later than 180 days 
     after the date of enactment of the MAP-21 and'' after 
     ``certify,''.
       On page 348, line 17, insert ``thereafter'' after 
     ``years''.
       On page 349, strike lines 20 through 23 and insert the 
     following:
       ``(4) Public involvement.--
       ``(A) In general.--In making a determination regarding 
     certification under this subsection, the Secretary shall 
     ensure that a State--
       ``(i) reviews and solicits comments from nonmetropolitan 
     local elected officials and other interested parties for a 
     period of not less than 60 days regarding the effectiveness 
     of the consultation process and any proposed modifications to 
     the process as part of the certification under paragraph 
     (1)(B); and
       ``(ii) provides an opportunity for other public involvement 
     that is appropriate to the State under review.
       ``(B) Modifications.--
       ``(i) In general.--The State may adopt any modification to 
     the consultation process proposed under subparagraph (A).
       ``(ii) Rationale for nonadoption.--If the State elects not 
     to adopt a proposed modification under subparagraph (A), the 
     State shall make publicly available a description of the 
     rationale of the State for not adopting the proposed 
     modification.''.
                                 ______
                                 
  SA 1754. Mr. ROCKEFELLER (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 89, line 7, insert ``and for local access roads 
     under section 14501 of title 40'' after ``subsection (c)''.
       On page 93, line 8, strike the closing quotation marks and 
     the following period.
       On page 93, between lines 8 and 9, insert the following:
       ``(i) Appalachian Development Highway System.--
       ``(1) In general.--For each of fiscal years 2012 and 2013, 
     of the amounts apportioned to a State under section 
     104(b)(2), the State shall obligate for the Appalachian 
     development highway system not less the amount that was 
     apportioned by the Appalachian Regional Commission to the 
     State for the construction of designated corridors of the 
     Appalachian development highway system in the State for 
     fiscal year 2010.
       ``(2) Access roads.--Funds obligated under subsection 
     (c)(1) shall be available to construct highways and access 
     roads in accordance with section 1116 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1177).''.
                                 ______
                                 
  SA 1755. Mr. ROCKEFELLER (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 89, line 7, insert ``and for local access roads 
     under section 14501 of title 40'' after ``subsection (c)''.
       On page 93, line 8, strike the closing quotation marks and 
     the following period.
       On page 93, between lines 8 and 9, insert the following:
       ``(i) Appalachian Development Highway System.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the MAP-21, each State represented on the 
     Appalachian Regional Commission shall establish a plan for 
     the completion of the designated corridors of the Appalachian 
     development highway system within the State, including annual 
     performance targets, with a target completion date of not 
     later than January 1, 2035.
       ``(2) Performance targets.--If the Secretary determines 
     that a State has not met or made significant progress toward 
     meeting the performance targets of the State established by 
     the plan of the State under paragraph (1) for a fiscal year, 
     the State shall obligate for the subsequent fiscal year for 
     construction of the Appalachian development highway system 
     within the State an amount equal to at least 105 percent of 
     the amount of funds the State received for the Appalachian 
     development highway system for fiscal year 2009.
       ``(3) Access roads.--Funds obligated under subsection 
     (c)(1) shall be available to construct highways and access 
     roads in accordance with section 1116 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1177).''.
                                 ______
                                 
  SA 1756. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 1, strike line 4 and all that follows 
     through the end of the bill and, at the appropriate place, 
     insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Empowerment Act''.

[[Page 2476]]

       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Limitation on expenditures.
Sec. 3. Funding for core highway programs.
Sec. 4. Infrastructure Special Assistance Fund.
Sec. 5. Return of excess tax receipts to States.
Sec. 6. Reduction in taxes on gasoline, diesel fuel, kerosene, and 
              special fuels funding Highway Trust Fund.
Sec. 7. Report to Congress.
Sec. 8. Effective date contingent on certification of deficit 
              neutrality.

     SEC. 2. 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) that objective 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 Federal Government's perceptions of 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 Act are--
       (1) 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;
       (2) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (3) 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;
       (4) 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
       (5) 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. 3. LIMITATION ON EXPENDITURES.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any fiscal year 
     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 year, each amount made available 
     for such a program or project shall be reduced by the pro 
     rata percentage required to reduce the aggregate amount 
     required to carry out those programs and projects to an 
     amount equal to that available for those programs and 
     projects in the Highway Trust Fund for the fiscal year.

     SEC. 4. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Funding.--For the purpose of carrying out title 23, 
     United States Code, the following sums are authorized to be 
     appropriated out of the Highway Trust Fund:
       (A) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $5,200,000,000 for fiscal year 2014, 
     $5,280,000,000 for fiscal year 2015, $5,360,000,000 for 
     fiscal year 2016, $5,440,000,000 for fiscal year 2017, and 
     $5,520,000,000 for fiscal year 2018.
       (B) Emergency relief.--For emergency relief under section 
     125 of that title, $100,000,000 for each of fiscal years 2014 
     through 2018.
       (C) Interstate bridge program.--For the Interstate bridge 
     program under section 144 of that title, $2,527,000,000 for 
     fiscal year 2014, $2,597,000,000 for fiscal year 2015, 
     $2,667,000,000 for fiscal year 2016, $2,737,000,000 for 
     fiscal year 2017, and $2,807,000,000 for fiscal year 2018.
       (D) Federal lands highways program.--
       (i) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title, $470,000,000 for fiscal year 
     2014, $510,000,000 for fiscal year 2015, $550,000,000 for 
     fiscal year 2016, $590,000,000 for fiscal year 2017, and 
     $630,000,000 for fiscal year 2018.
       (ii) Public lands highways.--For public lands highways 
     under section 204 of that title, $300,000,000 for fiscal year 
     2014, $310,000,000 for fiscal year 2015, $320,000,000 for 
     fiscal year 2016, $330,000,000 for fiscal year 2017, and 
     $340,000,000 for fiscal year 2018.
       (iii) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title, $255,000,000 for fiscal year 
     2014, $270,000,000 for fiscal year 2015, $285,000,000 for 
     fiscal year 2016, $300,000,000 for fiscal year 2017, and 
     $315,000,000 for fiscal year 2018.
       (iv) Refuge roads.--For refuge roads under section 204 of 
     that title, $32,000,000 for each of fiscal years 2014 through 
     2018.
       (E) Highway safety programs.--
       (i) In general.--For highway safety programs under section 
     402 of that title, $170,000,000 for each of fiscal years 2014 
     through 2018.
       (ii) Highway safety research and development.--For highway 
     safety research and development under section 403 of that 
     title, $35,000,000 for each of fiscal years 2014 through 
     2018.
       (F) Surface transportation research.--For cooperative 
     agreements with nonprofit research organizations to carry out 
     applied pavement research under section 502 of that title, 
     $200,000,000 for each of fiscal years 2014 through 2018.
       (G) Administrative expenses.--For administrative expenses 
     incurred in carrying out the programs referred to in 
     subparagraphs (A) through (F), $92,890,000 for fiscal year 
     2014, $95,040,000 for fiscal year 2015, $97,190,000 for 
     fiscal year 2016, $99,340,000 for fiscal year 2017, and 
     $101,490,000 for fiscal year 2018.
       (2) Transferability of funds.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (g) and 
     inserting the following:
       ``(g) 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.--Section 103(a) of title 23, United 
     States Code, is amended by striking ``systems are the 
     Interstate System and the National Highway System'' and 
     inserting ``system is the Interstate System''.
       (4) Interstate maintenance program.--Section 104(b) of 
     title 23, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Interstate maintenance component.--For each of fiscal 
     years 2014 through 2018, for the Interstate maintenance 
     program under section 119, 1 percent to the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands and the remaining 99 percent apportioned as 
     follows:
       ``(A)(i) For each State with an average population density 
     of 20 persons or fewer per square mile, and each State with a 
     population of 1,500,000 persons or fewer and with a land area 
     of 10,000 square miles or less, the greater of--
       ``(I) a percentage share of apportionments equal to the 
     percentage for the State described in clause (ii); or
       ``(II) a share determined under subparagraph (B).
       ``(ii) The percentage referred to in clause (i)(I) for a 
     State for a fiscal year shall be the percentage calculated 
     for the State for fiscal year 2009 under section 105(b) of 
     title 23, United States Code.
       ``(B) For each State not described in subparagraph (A), a 
     share of the apportionments remaining determined in 
     accordance with the following formula:
       ``(i) \1/9\ in the ratio that the total rural lane miles in 
     each State bears to the total rural lane miles in all States 
     with an average population density greater than 20 persons 
     per square mile and all States with a population of more than 
     1,500,000 persons and with a land area of more than 10,000 
     square miles.

[[Page 2477]]

       ``(ii) \1/9\ in the ratio that the total rural vehicle 
     miles traveled in each State bears to the total rural vehicle 
     miles traveled in all States described in clause (i).
       ``(iii) \2/9\ in the ratio that the total urban lane miles 
     in each State bears to the total urban lane miles in all 
     States described in clause (i).
       ``(iv) \2/9\ in the ratio that the total urban vehicle 
     miles traveled in each State bears to the total urban vehicle 
     miles traveled in all States described in clause (i).
       ``(v) \3/9\ in the ratio that the total diesel fuel used in 
     each State bears to the total diesel fuel used in all States 
     described in clause (i).''.
       (5) Interstate bridge program.--Section 144 of title 23, 
     United States Code, is amended--
       (A) in subsection (d)--
       (i) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridge'' each place it 
     appears; and
       (ii) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridges'' each place 
     it appears;
       (B) in the second sentence of subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) in paragraph (2), by striking the comma at the end and 
     inserting a period; and
       (iii) by striking paragraphs (3) and (4);
       (C) in the first sentence of subsection (k), by inserting 
     ``on the Federal-aid system or described in subsection 
     (c)(3)'' after ``any bridge'';
       (D) in subsection (l)(1), by inserting ``on the Federal-aid 
     system or described in subsection (c)(3)'' after ``construct 
     any bridge''; and
       (E) in the first sentence of subsection (m), by inserting 
     ``for each of fiscal years 1991 through 2013,'' after ``of 
     law,''.
       (6) National defense highways.--Section 311 of title 23, 
     United States Code, is amended--
       (A) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (B) by striking the second sentence.
       (7) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2013--
       (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.
       (8) 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, 
     2013, 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), by striking ``Surface Transportation 
     Extension Act of 2011, Part II'' and inserting 
     ``Transportation Empowerment Act'';
       (B) in paragraph (1), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018'';
       (C) in paragraphs (3)(A)(i), (4)(A), and (5), by striking 
     ``April 1, 2012'' each place it appears and inserting 
     ``October 1, 2020''; and
       (D) in paragraph (2), by striking ``January 1, 2013'' and 
     inserting ``July 1, 2021''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of such Code 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, 2013, and before October 1, 2014, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 9.6 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 6.4 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 5.0 cents per gallon, and
       ``(v) after September 30, 2017, 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, 2013, and before October 1, 2014, 
     24.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 12.7 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 8.5 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 6.6 cents per gallon, and
       ``(v) after September 30, 2017, 5.0 cents per gallon.
       ``(2) Application of rate.--In the case of fuels used as 
     described in paragraph (3)(C), (4)(B), and (5) of subsection 
     (c), the core programs financing rate is zero.''.
       (c) Termination of Transfers to Mass Transit Account.--
     Section 9503(e)(2) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, and before October 1, 2013'' after 
     ``March 31, 1983''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on October 1, 
     2013.
       (2) Certain extensions.--The amendments made by subsection 
     (b)(1) shall take effect on April 1, 2012.

     SEC. 5. INFRASTRUCTURE SPECIAL ASSISTANCE FUND.

       (a) Balance of Core Programs Financing Rate Deposited in 
     Fund.--Section 9503 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(h) Establishment of Infrastructure Special Assistance 
     Fund.--
       ``(1) Creation of fund.--There is established in the 
     Highway Trust Fund a separate fund to be known as the 
     `Infrastructure Special Assistance Fund' consisting of such 
     amounts as may be transferred or credited to the 
     Infrastructure Special Assistance Fund as provided in this 
     subsection or section 9602(b).
       ``(2) Transfers to infrastructure special assistance 
     fund.--On the first day of each fiscal year, the Secretary, 
     in consultation with the Secretary of Transportation, shall 
     determine the excess (if any) of--
       ``(A) the sum of--
       ``(i) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the core programs financing rate for such 
     year, plus
       ``(ii) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to taxes under sections 4051, 4071, and 4481 for 
     such year, over
       ``(B) the amount appropriated under subsection (c) for such 
     fiscal year,

     and shall transfer such excess to the Infrastructure Special 
     Assistance Fund.
       ``(3) Expenditures from infrastructure special assistance 
     fund.--
       ``(A) Transitional assistance.--
       ``(i) In general.--Except as provided in clause (iii), 
     during fiscal years 2014 through 2017, $1,000,000,000 in the 
     Infrastructure Special Assistance Fund shall be available to 
     States for transportation-related program expenditures.
       ``(ii) State share.--Each State is entitled to a share of 
     the amount specified in clause (i) determined in the 
     following manner:

       ``(I) Multiply the percentage of the amounts appropriated 
     in the latest fiscal year for which such data are available 
     to the Highway Trust Fund under subsection (b) which is 
     attributable to taxes paid by highway users in the State, by 
     the amount specified in clause (i). If the result does not 
     exceed $15,000,000, the State's share equals $15,000,000. If 
     the result exceeds $15,000,000, the State's share is 
     determined under subclause (II).
       ``(II) Multiply the percentage determined under subclause 
     (I), by the amount specified in clause (i) reduced by an 
     amount equal to $15,000,000 times the number of States the 
     share of which is determined under subclause (I).

       ``(iii) Distribution of remaining amount.--If after 
     September 30, 2017, a portion of the amount specified in 
     clause (i) remains, the Secretary, in consultation with the 
     Secretary of Transportation, shall, on October 1, 2017, 
     apportion the portion among the States using the percentages 
     determined under clause (ii)(I) for such States.
       ``(B) Additional expenditures from fund.--
       ``(i) In general.--Amounts in the Infrastructure Special 
     Assistance Fund, in excess of the amount specified in 
     subparagraph (A)(i), shall be available, as provided by 
     appropriation Acts, to the States for any surface 
     transportation (including mass transit and rail) purpose in 
     such States, and the Secretary shall apportion such excess 
     amounts among all States using the percentages determined 
     under clause (ii)(I) for such States.
       ``(ii) Enforcement.--If the Secretary determines that a 
     State has used amounts under clause (i) for a purpose which 
     is not a surface transportation purpose as described in 
     clause (i), 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.''.

[[Page 2478]]

       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 6. 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 
     2014, 2015, 2016, and 2017, 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 
     takes effect on October 1, 2013.

     SEC. 7. 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 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after March 31, 2012)'' and inserting 
     ``1.4 cents per gallon (zero after September 30, 2020)''.
       (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), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2020,'';
       (B) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``1.8 cents'';
       (C) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``2.3 cents''; and
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) zero after September 30, 2020.''.
       (5) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon after March 31, 2012'' and inserting 
     ``zero after September 30, 2020''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), by striking ``April 1, 
     2012'' both places it appears and inserting ``October 1, 
     2020'';
       (B) in the heading of paragraph (2), by striking ``April 1, 
     2012'' and inserting ``October 1, 2020'';
       (C) in paragraph (2), by striking ``after March 31, 2012, 
     and before January 1, 2013'' and inserting ``after September 
     30, 2020, and before July 1, 2021''; and
       (D) in paragraph (6)(B), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2017, 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, 2018; and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2017--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2018; 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, 2017.
       (2) Certain conforming amendments.--The amendments made by 
     subsections (b)(1), (b)(4), (b)(5), and (b)(6) shall apply to 
     fuel removed after September 30, 2011.

     SEC. 8. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, 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 Act and the 
     amendments made by this Act.

     SEC. 9. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF DEFICIT 
                   NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this Act will become effective only if the Director of 
     the Office of Management and Budget certifies that this Act 
     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 Act; and
       (3) the tax reduction made by this Act 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 Act and the amendments made by 
     this Act shall take effect only if--
       (1) the Director of the Office of Management and Budget 
     (referred to in this section as the ``Director'') submits the 
     report as required in subsection (c); and
       (2) 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 2018.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     date of enactment of this Act, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     Act for each fiscal year through fiscal year 2018;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     Act for each fiscal year through fiscal year 2018;
       (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 2018; 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 scorekeeping 
     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 Act

[[Page 2479]]

     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) Conforming Adjustment to Discretionary Spending 
     Limits.--On compliance with the requirements specified in 
     subsection (b), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2013 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under subsection 
     (c)(1)(B).
       (e) Paygo Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this Act shall be counted for 
     the purposes of section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)).

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