program, including to appoint and fix the pay of additional 
personnel. 
(c) PERIOD FOR OBLIGATION OF FUNDS.— 
(1) IN GENERAL.—Funds made available for a 
fiscal year under subsection (a) to carry out section 
5309 of title 49, United States Code, shall remain 
available to the Secretary for obligation under that 
section for a period of 4 years after the last day of 
the fiscal year for which the funds are authorized. 
(2) TRANSFER OF UNOBLIGATED FUNDS.—Any 
amounts made available under subsection (a) to 
carry out section 5309 of title 49, United States 
Code, that remain unobligated at the end of the 4- 
year period referred to in paragraph (1) shall be de-
posited in the Highway Trust Fund. 
SEC. 4. ESTABLISHMENT OF TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end thereof the following: 
‘‘SEC. 9512. NATIONAL INFRASTRUCTURE INVESTMENT 
TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘National Infrastructure Investment 
Trust Fund’, consisting of such amounts as may be appro-
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kjohnson on DSK79L0C42PROD with BILLS
priated or credited to the National Infrastructure Invest-
ment Trust Fund as provided in this section or section 
9602(b). 
‘‘(b) TRANSFER TO NATIONAL INFRASTRUCTURE IN-
VESTMENT TRUST FUND OF AMOUNTS EQUIVALENT TO 
CERTAIN TAXES.—There are hereby appropriated to the 
National Infrastructure Investment Trust Fund amounts 
equivalent to 25 percent of the portion of the taxes re-
ceived in the Treasury under the rates described in clauses 
(i) and (iii) of section 4081(a)(2)(A), and section 
4081(a)(2)(D), but only to the extent such amounts are 
attributable to the increase in rates under such clauses, 
and such section, by reason of the amendments made by 
section 5 of the Build America Act of 2021. For purposes 
of the preceding sentence, taxes received under section 
4041 and 4081 shall be determined without reduction for 
credits under section 6426. 
‘‘(c) EXPENDITURES FROM NATIONAL INFRASTRUC-
TURE INVESTMENT TRUST FUND.—Amounts in the Na-
tional Infrastructure Investment Trust Fund shall be 
available, without further appropriation, to the Secretary 
of Transportation for making expenditures after October 
1, 2020, under section 5309 of title 49, United States 
Code, pursuant to the authorization in section 3 of the 
Build America Act of 2021.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 is amended by adding at the end thereof 
the following new items: 
‘‘Sec. 9512. National Infrastructure Investment Trust Fund.’’. 
SEC. 5. INCREASE IN TAX ON MOTOR FUELS. 
(a) GASOLINE OTHER THAN AVIATION GASOLINE.— 
Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 
1986 is amended by striking ‘‘18.3 cents’’ and inserting 
‘‘53.3 cents’’. 
(b) 
DIESEL
FUEL
OR
KEROSENE.—Section 
4081(a)(2)(A)(iii) of such Code is amended by striking 
‘‘24.3 cents’’ and inserting ‘‘59.3 cents’’. 
(c) INCREASE FOR INFLATION.—Section 4081(a)(2) 
of such Code is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) ADJUSTMENT
FOR
INFLATION.—In 
the case of any calendar year beginning after 
2021, the rates of tax contained in clauses (i) 
and (iii) of subparagraph (A) shall each be in-
creased by an amount equal to— 
‘‘(i) such rate, multiplied by 
‘‘(ii) the cost of living adjustment de-
termined under section 1(f)(3) for the cal-
endar year, determined by substituting 
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‘calendar year 2020’ for ‘calendar year 
1992’ in subparagraph (B) thereof. 
Any increase under the preceding sentence shall 
be rounded to the nearest 0.1 cents.’’. 
(d) 
DIESEL-WATER
FUEL
EMULSION.—Section 
4081(a)(2)(D) of such Code is amended by striking ‘‘sub-
stituting ‘‘19.7 cents’’ for ‘‘24.3 cents’’.’’ and inserting 
‘‘substituting a rate equal to 81 percent of the rate in ef-
fect for the calendar year under such subparagraph.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fuels removed, entered, or sold 
after October 1, 2021. 
SEC. 6. HIGHWAY TRUST FUND. 
(a) COORDINATION WITH NATIONAL INFRASTRUC-
TURE INVESTMENT TRUST FUND.—Section 9503(b)(4) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘or’’ at the end of subparagraph (C), by striking the pe-
riod at the end of subparagraph (D) and inserting ‘‘, or’’, 
and by adding at the end the following new subparagraph: 
‘‘(E) clauses (i) and (iii) of section 
4081(a)(2)(A), and section 4081(a)(2)(D), but 
only to the extent of amounts equivalent to the 
portion of such taxes as are appropriated to the 
National Infrastructure Investment Trust Fund 
under section 9513(b).’’. 
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(b) MASS TRANSIT PORTION ADJUSTED.—Section 
9503(e)(2)(A) of such Code is amended by striking ‘‘2.86 
cents’’ and inserting ‘‘6.25 cents’’. 
(c) TRANSFER OF UNOBLIGATED NATIONAL INFRA-
STRUCTURE INVESTMENT AMOUNTS.—Section 9503(f) of 
the Internal Revenue Code of 1986 is amended by redesig-
nating paragraph (10) as paragraph (11) and by inserting 
after paragraph (9) the following new paragraph: 
‘‘(10) 
FURTHER
TRANSFERS
TO
TRUST 
FUND.— 
‘‘(A) IN GENERAL.—There is hereby ap-
propriated 
to 
the 
Highway 
Trust 
Fund 
amounts to be transferred to the Trust Fund 
pursuant to sections 2(o) and 3(c)(2) of the 
Build America Act of 2021. 
‘‘(B) TRANSFER
OF
PORTION
TO
MASS 
TRANSIT ACCOUNT.—From such amounts, the 
Secretary shall transfer to the Mass Transit Ac-
count so much as bears the same ratio to such 
amount as the mass transit portion (as defined 
in subsection (e)(2)) bears to all taxes imposed 
with respect to fuel by sections 4041 and 4081 
and otherwise deposited into the Highway Trust 
Fund.’’. 
Æ 
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