There is established in the Treasury of the United States a trust fund to be known as the “Highway Trust Fund”, consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or .
(1) Certain taxes
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before
(A) section 4041 (relating to taxes on diesel fuels and special motor fuels),
(B) section 4051 (relating to retail tax on heavy trucks and trailers),
(C) section 4071 (relating to tax on tires),
(D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and
(E) section 4481 (relating to tax on use of certain vehicles).
For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426 and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C).
(2) Liabilities incurred before
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after
[(3) Repealed.
(4) Certain taxes not transferred to Highway Trust Fund
For purposes of paragraphs (1) and (2), there shall not be taken into account the taxes imposed by—
(A) ,
(B) section 4081 to the extent attributable to the rate specified in ,
(C) section 4041 or 4081 to the extent attributable to fuel used in a train, or
(D) in the case of gasoline and special motor fuels used as described in paragraph (3)(D) or (4)(B) of subsection (c), section 4041 or 4081 with respect to so much of the rate of tax as exceeds—
in the case of gasoline and special motor fuels used as described in paragraph (3)(D) or (4)(B) of subsection (c), section 4041 or 4081 with respect to so much of the rate of tax as exceeds—
(i) 11.5 cents per gallon with respect to taxes imposed before
(ii) 13 cents per gallon with respect to taxes imposed after
(iii) 13.5 cents per gallon with respect to taxes imposed after
(5) Certain penalties
(A) In general
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the penalties paid under sections 6715, 6715A, 6717, 6718, 6719, 6720A, 6725, 7232, and 7272 (but only with regard to penalties under such section related to failure to register under section 4101).
(B) Penalties related to motor vehicle safety
(i) In general
There are hereby appropriated to the Highway Trust Fund amounts equivalent to covered motor vehicle safety penalty collections.
(ii) Covered motor vehicle safety penalty collections
For purposes of this subparagraph, the term “covered motor vehicle safety penalty collections” means any amount collected in connection with a civil penalty under
(6) Limitation on transfers to Highway Trust Fund
(A) In general
Except as provided in subparagraph (B), no amount may be appropriated to the Highway Trust Fund on and after the date of any expenditure from the Highway Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(i) any provision of law which is not contained or referenced in this title or in a revenue Act, and
(ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.
(B) Exception for prior obligations
Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before
(1) Federal-aid highway program
Except as provided in subsection (e), amounts in the Highway Trust Fund shall be available, as provided by appropriation Acts, for making expenditures before
(2) Floor stocks refunds
The Secretary shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before
(3) Transfers from the Trust Fund for motorboat fuel taxes
(A) Transfer to Land and Water Conservation Fund
(i) In general
The Secretary shall pay from time to time from the Highway Trust Fund into the land and water conservation fund provided for in chapter 2003 of title 54 amounts (as determined by the Secretary) equivalent to the motorboat fuel taxes received on or after
(ii) Limitation
The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000.
(B) Excess funds transferred to Sport Fish Restoration and Boating Trust Fund
Any amounts in the Highway Trust Fund—
(i) which are attributable to motorboat fuel taxes, and
(ii) which are not transferred from the Highway Trust Fund under subparagraph (A),
(C) Motorboat fuel taxes
For purposes of this paragraph, the term “motorboat fuel taxes” means the taxes under with respect to special motor fuels used as fuel in motorboats and under section 4081 with respect to gasoline used as fuel in motorboats, but only to the extent such taxes are deposited into the Highway Trust Fund.
(D) Determination
The amount of payments made under this paragraph after
(4) Transfers from the Trust Fund for small-engine fuel taxes
(A) In general
The Secretary shall pay from time to time from the Highway Trust Fund into the Sport Fish Restoration and Boating Trust Fund amounts (as determined by him) equivalent to the small-engine fuel taxes received on or after
(B) Small-engine fuel taxes
For purposes of this paragraph, the term “small-engine fuel taxes” means the taxes under section 4081 with respect to gasoline used as a fuel in the nonbusiness use of small-engine outdoor power equipment, but only to the extent such taxes are deposited into the Highway Trust Fund.
(5) Transfers from the Trust Fund for certain aviation fuel taxes
The Secretary shall pay at least monthly from the Highway Trust Fund into the Airport and Airway Trust Fund amounts (as determined by the Secretary) equivalent to the taxes received on or after
(A) 4.3 cents per gallon of kerosene subject to section 6427(
(B) 21.8 cents per gallon of kerosene subject to section 6427(
Transfers under the preceding sentence shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. Any amount allowed as a credit under section 34 by reason of paragraph (4) of section 6427(
(1) Estimates of unfunded highway authorizations and net highway receipts
The Secretary of the Treasury, not less frequently than once in each calendar quarter, after consultation with the Secretary of Transportation, shall estimate—
(A) the amount which would (but for this subsection) be the unfunded highway authorizations at the close of the next fiscal year, and
(B) the net highway receipts for the 48-month period beginning at the close of such fiscal year.
(2) Procedure where there is excess unfunded highway authorizations
If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) exceeds the amount described in paragraph (1)(B)—
(A) he shall so advise the Secretary of Transportation, and
(B) he shall further advise the Secretary of Transportation as to the amount of such excess.
(3) Adjustment of apportionments where unfunded authorizations exceed 4 years’ receipts
(A) Determination of percentage
If, before any apportionment to the States is made, in the most recent estimate made by the Secretary of the Treasury there is an excess referred to in paragraph (2)(B), the Secretary of Transportation shall determine the percentage which—
(i) the excess referred to in paragraph (2)(B), is of
(ii) the amount authorized to be appropriated from the Trust Fund for the fiscal year for apportionment to the States.
(B) Adjustment of apportionments
If the Secretary of Transportation determines a percentage under subparagraph (A) for purposes of any apportionment, notwithstanding any other provision of law, the Secretary of Transportation shall apportion to the States (in lieu of the amount which, but for the provisions of this subsection, would be so apportioned) the amount obtained by reducing the amount authorized to be so apportioned by such percentage.
(4) Apportionment of amounts previously withheld from apportionment
If, after funds have been withheld from apportionment under paragraph (3)(B), the Secretary of the Treasury determines that the amount described in paragraph (1)(A) does not exceed the amount described in paragraph (1)(B) or that the excess described in paragraph (1)(B) is less than the amount previously determined, he shall so advise the Secretary of Transportation. The Secretary of Transportation shall apportion to the States such portion of the funds so withheld from apportionment as the Secretary of the Treasury has advised him may be so apportioned without causing the amount described in paragraph (1)(A) to exceed the amount described in paragraph (1)(B). Any funds apportioned pursuant to the preceding sentence shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned pursuant to the preceding sentence.
(5) Definitions
For purposes of this subsection—
(A) Unfunded highway authorizations
The term “unfunded highway authorizations” means, at any time, the excess (if any) of—
(i) the total potential unpaid commitments at such time as a result of the apportionment to the States of the amounts authorized to be appropriated from the Highway Trust Fund, over
(ii) the amount available in the Highway Trust Fund at such time to defray such commitments (after all other unpaid commitments at such time which are payable from the Highway Trust Fund have been defrayed).
(B) Net highway receipts
The term “net highway receipts” means, with respect to any period, the excess of—
(i) the receipts (including interest) of the Highway Trust Fund during such period, over
(ii) the amounts to be transferred during such period from such Fund under subsection (c) (other than paragraph (1) thereof).
(6) Measurement of net highway receipts
For purposes of making any estimate under paragraph (1) of net highway receipts for periods ending after the date specified in subsection (b)(1), the Secretary shall treat—
(A) each expiring provision of subsection (b) which is related to appropriations or transfers to the Highway Trust Fund to have been extended through the end of the 48-month period referred to in paragraph (1)(B), and
(B) with respect to each tax imposed under the sections referred to in subsection (b)(1), the rate of such tax during the 48-month period referred to in paragraph (1)(B) to be the same as the rate of such tax as in effect on the date of such estimate.
(7) Reports
Any estimate under paragraph (1) and any determination under paragraph (2) shall be reported by the Secretary of the Treasury to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Committees on the Budget of both Houses, the Committee on Public Works and Transportation of the House of Representatives, and the Committee on Environment and Public Works of the Senate.
(1) Creation of account
There is established in the Highway Trust Fund a separate account to be known as the “Mass Transit Account” consisting of such amounts as may be transferred or credited to the Mass Transit Account as provided in this section or .
(2) Transfers to Mass Transit Account
The Secretary of the Treasury shall transfer to the Mass Transit Account the mass transit portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after
(A) except as otherwise provided in this sentence, 2.86 cents per gallon,
(B) 1.43 cents per gallon in the case of any partially exempt methanol or ethanol fuel (as defined in ) none of the alcohol in which consists of ethanol,
(C) 1.86 cents per energy equivalent of a gallon of diesel (as defined in ) in the case of liquefied natural gas,
(D) 2.13 cents per energy equivalent of a gallon of gasoline (as defined in ) in the case of liquefied petroleum gas, and
(E) 9.71 cents per MCF (determined at standard temperature and pressure) in the case of compressed natural gas.
(3) Expenditures from Account
Amounts in the Mass Transit Account shall be available, as provided by appropriation Acts, for making capital or capital related expenditures (including capital expenditures for new projects) before
(4) Limitation
Rules similar to the rules of subsection (d) shall apply to the Mass Transit Account.
(5) Portion of certain transfers to be made from account
(A) In general
Transfers under paragraphs (2) and (3) of subsection (c) shall be borne by the Highway Account and the Mass Transit Account in proportion to the respective revenues transferred under this section to the Highway Account (after the application of paragraph (2)) and the Mass Transit Account.
(B) Highway Account
For purposes of subparagraph (A), the term “Highway Account” means the portion of the Highway Trust Fund which is not the Mass Transit Account.
(1) In general
For purposes of determining the balances of the Highway Trust Fund and the Mass Transit Account after
(2) Restoration of foregone interest
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $14,700,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $4,800,000,000 to the Mass Transit Account in the Highway Trust Fund.
(3) Increase in Fund balance
There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under .
(4) Additional appropriations to Trust Fund
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated to—
(A) the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund—
the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund—
(i) for fiscal year 2013, $6,200,000,000, and
(ii) for fiscal year 2014, $10,400,000,000, and
(B) the Mass Transit Account in the Highway Trust Fund, for fiscal year 2014, $2,200,000,000.
(5) Additional sums
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $7,765,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $2,000,000,000 to the Mass Transit Account in the Highway Trust Fund.
(6) Additional increase in Fund balance
There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under .
(7) Additional sums
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $6,068,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $2,000,000,000 to the Mass Transit Account in the Highway Trust Fund.
(8) Further transfers to Trust Fund
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $51,900,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $18,100,000,000 to the Mass Transit Account in the Highway Trust Fund.
(9) Additional increase in Fund balance
There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under .
(10) Further transfers to Trust Fund
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $10,400,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $3,200,000,000 to the Mass Transit Account in the Highway Trust Fund.
(11) Further transfers to Trust Fund
Out of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A) $90,000,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B) $28,000,000,000 to the Mass Transit Account in the Highway Trust Fund.
(12) Treatment of amounts
Any amount appropriated or transferred under this subsection to the Highway Trust Fund shall remain available without fiscal year limitation.