Bills Sec. 7004 — Transportation Trust Fund

Section 9503 is amended to read as follows: There is established in the Treasury of the United States a trust fund to be known as the Transportation Trust Fund , consisting of such amounts as may be appropriated or credited to the Transportation Trust Fund as provided in this section or section 9602(b). The Transportation Trust Fund is a successor to the Highway Trust Fund established under this section as in effect prior to the enactment of the Transportation Jobs Act for the 21st Century.

All references to the Mass Transit Account of the Highway Trust Fund are deemed to be references to the Mass Transit Account of the Transportation Trust Fund under subsection (e). All references to the Highway Trust Fund (other than the Mass Transit Account) or to the Highway Account of the Highway Trust Fund are deemed to be references to the Highway Account of the Transportation Trust Fund under subsection (f). There are hereby appropriated to the Transportation Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2020, under the following provisions— section 4041 (relating to taxes on diesel fuels and special motor fuels), section 4051 (relating to retail tax on heavy trucks and trailers), section 4071 (relating to tax on tires), section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and 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. There are hereby appropriated to the Transportation Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2020, and before July 1, 2021, and which are attributable to liability for tax incurred before October 1, 2020, under the provisions described in paragraph (1). For purposes of paragraphs

(1)and (2), there shall not be taken into account the taxes imposed by— section 4041(d), section 4081 to the extent attributable to the rate specified in section 4081(a)(2)(B), section 4041 or 4081 to the extent attributable to fuel used in a train, or 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— 11.5 cents per gallon with respect to taxes imposed before October 1, 2001, 13 cents per gallon with respect to taxes imposed after September 30, 2001, and before October 1, 2003, and 13.5 cents per gallon with respect to taxes imposed after September 30, 2003, and before October 1, 2005. There are hereby appropriated to the Transportation 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 each such section related to failure to register under section 4101). The Secretary shall pay from time to time from the Transportation Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before July 1, 2021, under section 6412(a). The amounts payable from the each account in the Transportation Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Transportation Trust Fund and into each account of such Fund. The Secretary shall pay from time to time from the Transportation Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the motorboat fuel taxes received on or after October 1, 2005, and before October 1, 2020. The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000. Any amounts in the Transportation Trust Fund— which are attributable to motorboat fuel taxes, and which are not transferred from the Transportation Trust Fund under paragraph (1)(A), shall be transferred by the Secretary from the Transportation Trust Fund into the Sport Fish Restoration and Boating Trust Fund. For purposes of this paragraph, the term motorboat fuel taxes means the taxes under section 4041(a)(2) 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 Transportation Trust Fund. The amount of transfers made under this paragraph after October 1, 1986 shall be determined by the Secretary in accordance with the methodology described in the Treasury Department’s Report to Congress of June 1986 entitled Gasoline Excise Tax Revenues Attributable to Fuel Used in Recreational Motorboats . The Secretary shall pay from time to time from the Transportation 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 December 1, 1990, and before October 1, 2020. 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 Transportation Trust Fund and into each account of such Fund. The Secretary shall pay at least monthly from the Transportation Trust Fund into the Airport and Airway Trust Fund amounts (as determined by the Secretary) equivalent to the taxes received on or after October 1, 2005, and before October 1, 2020, under section 4081 with respect to so much of the rate of tax as does not exceed. 4.3 cents per gallon of kerosene subject to section 6427(l)(4)(A) with respect to which a payment has been made by the Secretary under section 6427(l), and 21.8 cents per gallon of kerosene subject to section 6427(l)(4)(B) with respect to which a payment has been made by the Secretary under section 6427(l). 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(l) shall be treated for purposes of subparagraphs

(A)and

(B)as a payment made by the Secretary under such paragraph. There is established in the Transportation 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 section 9602(b). The Secretary of the Treasury shall transfer to the Mass Transit Account— the mass transit portion of the amounts appropriated to the Transportation Trust Fund under subsection

(b)which are attributable to taxes under sections 4041 and 4081 imposed after March 31, 1983. For purposes of the preceding sentence, the term mass transit portion means, for any fuel with respect to which tax was imposed under section 4041 or 4081 and otherwise deposited into the Transportation Trust Fund, the amount determined at the rate of— except as otherwise provided in this sentence, 2.86 cents per gallon, 1.43 cents per gallon in the case of any partially exempt methanol or ethanol fuel (as defined in section 4041(m)) none of the alcohol in which consists of ethanol, 1.86 cents per gallon in the case of liquefied natural gas, 2.13 cents per gallon in the case of liquefied petroleum gas, 1.23 cents per energy equivalent of a gallon of gasoline in the case of compressed natural gas, and additional amounts appropriated to the Mass Transit Account by subsection (h)(1)(B). 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 October 1, 2018, in accordance with the GROW AMERICA Act or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act). Except as provided in subparagraph (B), no amount may be transferred to the Mass Transit Account on and after the date of any expenditure from the Mass Transit Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— any provision of law which is not contained or referenced in this title or in a revenue Act, and whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. Subparagraph

(A)shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. There is established in the Transportation Trust Fund a separate account to be known as the Highway Account consisting of such amounts as may be transferred or credited to the Highway Account as provided in this section or section 9602(b). The Secretary of the Treasury shall transfer to the Highway Account— the portion of the taxes appropriated to the Transportation Trust Fund by— subparagraphs (B), (C), and

(E)of subsection (b)(1), and subparagraphs

(A)and

(D)of subsection (b)(1), but only to the extent that such taxes are not required to be transferred to the Mass Transit Account under subsection (e), additional amounts appropriated to the Highway Account by subsection (h)(1)(A); and fines and penalties appropriated to the Transportation Trust Fund by subsection (b)(4) and by section 521(b)(10) of title 49, United States Code. Except as provided in subparagraph (B), no amount may be transferred to the Highway Account on and after the date of any expenditure from the Highway Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— any provision of law which is not contained or referenced in this title or in a revenue Act, and whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. Subparagraph

(A)shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. Amounts in the Highway Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Highway Account under the GROW AMERICA Act or any other provision of law which was referred to in paragraph (c)(1) (as in effect on the day before enactment of such Act) before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act). There is established in the Transportation Trust Fund a separate account to be known as the Rail Account consisting of such amounts as may be transferred or credited to the Rail Account as provided in this section or section 9602(b). The Secretary of the Treasury shall transfer to the Rail Account amounts appropriated to the Rail Account by subsection (h)(1)(C). Except as provided in subparagraph (B), no amount may be transferred to the Rail Account on and after the date of any expenditure from the Rail Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— any provision of law which is not contained or referenced in this title or in a revenue Act, and whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. Subparagraph

(A)shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. Amounts in the Rail Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Rail Account under the GROW AMERICA Act. Out of money in the Treasury not otherwise appropriated, there is hereby appropriated to— the Highway Account in the Transportation Trust Fund— for fiscal year 2015, $25,000,000,000, for fiscal year 2016, $24,000,000,000, for fiscal year 2017, $16,700,000,000, and for fiscal year 2018, $8,700,000,000, and the Mass Transit Account in the Transportation Trust Fund— for fiscal year 2015, $9,000,000,000, for fiscal year 2016, $10,000,000,000, for fiscal year 2017, $10,000,000,000, and for fiscal year 2018, $22,550,000,000, the Rail Account in the Transportation Trust Fund— for fiscal year 2015, $3,000,000,000, for fiscal year 2016, $3,000,000,000, for fiscal year 2017, $8,000,000,000, and for fiscal year 2018, $5,050,000,000; and the Multimodal Account in the Transportation Trust Fund— for fiscal year 2015, $500,000,000, for fiscal year 2016, $500,000,000, for fiscal year 2017, $2,800,000,000, and for fiscal year 2018, $1,200,000,000. Any amount appropriated under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury and where so indicated, the Secretary of Transportation, shall take the following actions for the Highway Account and separately for the Mass Transit Account— The Secretary of the Treasury, not less frequently than once in each calendar quarter, after consultation with the Secretary of Transportation, shall estimate for the Account— the amount which would (but for this subsection) be the unfunded authorizations at the close of the next fiscal year, and the net receipts for the 48-month period beginning at the close of such fiscal year. If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) for the Account exceeds the amount described in paragraph (1)(B) for such Account— the Secretary shall so advise the Secretary of Transportation, and the Secretary shall further advise the Secretary of Transportation as to the amount of such excess. If, before any apportionment to the States is made of funds authorized to be appropriated from the Account in the most recent estimate made by the Secretary of the Treasury there is an excess referred to in paragraph (2)(B) for the Account, the Secretary of Transportation shall determine the percentage which— the excess referred to in paragraph (2)(B) for the Account, is of the amount authorized to be appropriated from that Account of the Trust Fund for the fiscal year for apportionment to the States. If, but for this sentence, the most recent estimate would be one which was made on a date which will be more than 3 months before the date of the apportionment, the Secretary of the Treasury shall make a new estimate under paragraph

(1)for the appropriate fiscal year. If the Secretary of Transportation determines a percentage for the Account 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. 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. For purposes of this subsection— The term unfunded authorizations means, at any time, the excess (if any) of— 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 Account, over the amount available in the that Account at such time to defray such commitments (after all other unpaid commitments at such time which are payable from that Account have been defrayed). The term net receipts means, with respect to any period, the excess of— the receipts (including interest) of the Account during such period, over the amounts to be transferred during such period from such Account under subsection (d). For purposes of making any estimate under paragraph

(1)of net receipts for periods ending after the date specified in subsection (b)(1), the Secretary of the Treasury shall treat— each expiring provision of subsection

(b)which is related to appropriations or transfers to the Highway Account or the Mass Transit Account of the Transportation Trust Fund to have been extended through the end of the 48-month period referred to in paragraph (1)(B), and 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. 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 Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Banking, and the Committee on Environment and Public Works of the Senate. There is established in the Transportation Trust Fund a separate account to be known as the Multimodal Account consisting of such amounts as may be transferred or credited to the Multimodal Account as provided in this section or section 9602(b). The Secretary of the Treasury shall transfer to the Multimodal Account amounts appropriated to the Multimodal Account by subsection (h)(1)(D). Except as provided in subparagraph (B), no amount may be transferred to the Multimodal Account on and after the date of any expenditure from the Multimodal Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— any provision of law which is not contained or referenced in this title or in a revenue Act, and whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. Subparagraph

(A)shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. Amounts in the Multimodal Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Multimodal Account under the GROW AMERICA Act. . The item relating to section 9503 in the analysis of chapter 98 of the Internal Revenue Code of 1986 is amended by striking Highway and inserting Transportation . Section 201(b) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l-11(b) is amended— by striking 2017 and inserting 2020 , and by striking 2016 each place it appears and inserting 2021 . Section 521(b)(10) of title 49, United States Code, is amended by striking Highway Trust Fund (other than the Mass Transit Account) and inserting Highway Account of the Transportation Trust Fund .

Sec. 7004. Transportation Trust Fund