Internal Revenue Code · 26 U.S.C.
§ 9503. Highway Trust Fund
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 9503
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- January 6, 1983 by Pub. L. 97–424
- Last amended
- September 2, 2026 by Pub. L. 119–103
- Amendments
- 61 dated changes in the source credit
- Length
- 6 subsections · 4,260 words · about 19 min to read
- Defines
- 7 terms
- Cross-references
- cites 21; cited by 3 Code sections and 0 other regulations
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 section 9602(b).
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2028, and before July 1, 2029, and which are attributable to liability for tax incurred before October 1, 2028, under the provisions described in paragraph (1).
There are hereby appropriated to the Highway Trust Fund amounts equivalent to 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 section 30165 of title 49, United States Code, reduced by any award authorized by the Secretary of Transportation to be paid to any person in connection with information provided by such person related to a violation of chapter 301 of such title which is a predicate to such civil penalty.
Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before December 12, 2026, in accordance with the provisions of this section.
Except as provided in subsection (e), amounts in the Highway Trust Fund shall be available, as provided by appropriation Acts, for making expenditures before December 12, 2026, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Highway Trust Fund under the Surface Transportation Extension Act of 2026 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).
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 July 1, 2029, under section 6412(a). The amounts payable from the Highway Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund.
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 October 1, 2005, and before October 1, 2028.
The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000.
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 Highway Trust Fund.
The amount of payments 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 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 December 1, 1990, and before October 1, 2028.
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.
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.
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.
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.
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 section 9602(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 December 12, 2026, in accordance with the Surface Transportation Extension Act of 2026 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).
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.
For purposes of subparagraph (A), the term “Highway Account” means the portion of the Highway Trust Fund which is not the Mass Transit Account.
For purposes of determining the balances of the Highway Trust Fund and the Mass Transit Account after September 30, 1998, the opening balance of the Highway Trust Fund (other than the Mass Transit Account) on October 1, 1998, shall be $8,000,000,000. The Secretary shall cancel obligations held by the Highway Trust Fund to reflect the reduction in the balance under this paragraph.
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 section 9508(c)(2).
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 section 9508(c)(3).
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 section 9508(c)(4).
Any amount appropriated or transferred under this subsection to the Highway Trust Fund shall remain available without fiscal year limitation.
(Added Pub. L. 97–424, title V, § 531(a), Jan. 6, 1983, 96 Stat. 2187; amended Pub. L. 98–369, div. A, title IV, § 474(r)(43), title IX, § 911(d)(1), title X, § 1016(b), July 18, 1984, 98 Stat. 847, 1006, 1020; Pub. L. 99–499, title V, § 521(b)(1), Oct. 17, 1986, 100 Stat. 1777; Pub. L. 99–640, § 7(a), Nov. 10, 1986, 100 Stat. 3547; Pub. L. 100–17, title V, §§ 503(a), (b), 504, Apr. 2, 1987, 101 Stat. 257, 258; Pub. L. 100–203, title X, § 10502(d)(13)–(15), Dec. 22, 1987, 101 Stat. 1330–444, 1330–445; Pub. L. 100–448, § 6(a)(1), (3), Sept. 28, 1988, 102 Stat. 1839; Pub. L. 101–239, title VII, § 7822(b)(6), Dec. 19, 1989, 103 Stat. 2425; Pub. L. 101–508, title XI, § 11211(a)(5)(D)–(F), (b)(6)(H), (g)(1), (h)(1), (i)(1), Nov. 5, 1990, 104 Stat. 1388–424, 1388–426, 1388–427; Pub. L. 102–240, title VIII, §§ 8002(d)(1), (2)(A), (e), (f), 8003(b), Dec. 18, 1991, 105 Stat. 2204, 2205; Pub. L. 103–66, title XIII, §§ 13242(d)(34)–(41), 13244(a), Aug. 10, 1993, 107 Stat. 527, 529; Pub. L. 103–429, § 4, Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–34, title IX, § 901(a)–(d), title X, § 1032(e)(13), (14), title XVI, § 1601(f)(2), Aug. 5, 1997, 111 Stat. 871, 872, 935, 1090; Pub. L. 105–102, § 1, Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–130, § 9(a), Dec. 1, 1997, 111 Stat. 2560; Pub. L. 105–178, title IX, §§ 9002(c)(1), (2)(A), (3)–(e)(1), (f), 9004(a)(1), (b)(1), (c), (d), 9005(a), 9011(b)(1), (2), June 9, 1998, 112 Stat. 500, 501, 503, 504, 508; Pub. L. 105–206, title IX, § 9015(a), July 22, 1998, 112 Stat. 867; Pub. L. 105–225, § 7(a), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 105–277, div. A, title IV, § 4006(b)(1), Oct. 21, 1998, 112 Stat. 2681–912; Pub. L. 105–354, § 2(c)(2), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 106–554, § 1(a)(7) [title III, § 318(e)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–645; Pub. L. 108–88, § 12(a), Sept. 30, 2003, 117 Stat. 1128; Pub. L. 108–202, § 12(a), Feb. 29, 2004, 118 Stat. 491; Pub. L. 108–224, § 10(a), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108–263, § 10(a), June 30, 2004, 118 Stat. 710; Pub. L. 108–280, § 10(a)(1)–(3), July 30, 2004, 118 Stat. 887; Pub. L. 108–310, § 13(a)(1)–(3), (c), Sept. 30, 2004, 118 Stat. 1163, 1164; Pub. L. 108–357, title III, § 301(c)(11)–(13), title VIII, § 868(a), (b), Oct. 22, 2004, 118 Stat. 1462, 1463, 1622; Pub. L. 109–14, § 9(a), May 31, 2005, 119 Stat. 335; Pub. L. 109–20, § 9(a), July 1, 2005, 119 Stat. 357; Pub. L. 109–35, § 9(a), July 20, 2005, 119 Stat. 390; Pub. L. 109–37, § 9(a), July 22, 2005, 119 Stat. 405; Pub. L. 109–40, § 9(a), July 28, 2005, 119 Stat. 421; Pub. L. 109–42, § 7(a), (d)(1), July 30, 2005, 119 Stat. 436, 438; Pub. L. 109–59, title XI, §§ 11101(c)(1), (2)(A), (d)(1), 11102(a), (b), 11115(a), 11161(c)(1), (2)(C), 11167(b), Aug. 10, 2005, 119 Stat. 1944, 1945, 1949, 1972, 1977; Pub. L. 109–432, div. A, title IV, § 420(b)(6), Dec. 20, 2006, 120 Stat. 2969; Pub. L. 110–172, § 11(a)(44), Dec. 29, 2007, 121 Stat. 2488; Pub. L. 110–244, title I, § 121(c), June 6, 2008, 122 Stat. 1608; Pub. L. 110–318, § 1(a), (b), Sept. 15, 2008, 122 Stat. 3532; Pub. L. 111–46, § 1, Aug. 7, 2009, 123 Stat. 1970; Pub. L. 111–68, div. B, § 159(a)(2), (b)(2), Oct. 1, 2009, 123 Stat. 2052; Pub. L. 111–88, div. B, § 103, Oct. 30, 2009, 123 Stat. 2972; Pub. L. 111–147, title IV, §§ 441(a), (b), 442(a), (b), 443(a), 444(a), (b)(2)–(4), 445(a), Mar. 18, 2010, 124 Stat. 93, 94; Pub. L. 111–322, title II, § 2401(a), Dec. 22, 2010, 124 Stat. 3531; Pub. L. 112–5, title IV, § 401(a), Mar. 4, 2011, 125 Stat. 22; Pub. L. 112–30, title I, §§ 141(a), 142(e)(1), (2)(A), Sept. 16, 2011, 125 Stat. 355, 356; Pub. L. 112–102, title IV, §§ 401(a), 402(e)(1), (2)(A), Mar. 30, 2012, 126 Stat. 281, 282; Pub. L. 112–140, title IV, §§ 401(a), 402(d)(1), (2)(A), June 29, 2012, 126 Stat. 402, 403; Pub. L. 112–141, div. D, title I, §§ 40101(a), 40102(e)(1), (2)(A), title II, §§ 40201(b), 40251, July 6, 2012, 126 Stat. 844–846, 864; Pub. L. 113–159, title II, §§ 2001(a), 2002(a), Aug. 8, 2014, 128 Stat. 1848; Pub. L. 113–287, § 5(h), Dec. 19, 2014, 128 Stat. 3269; Pub. L. 113–295, div. A, title II, § 217(a), Dec. 19, 2014, 128 Stat. 4035; Pub. L. 114–21, title II, § 2001(a), May 29, 2015, 129 Stat. 226; Pub. L. 114–41, title II, §§ 2001(a), 2002, July 31, 2015, 129 Stat. 453, 454; Pub. L. 114–73, title II, § 2001(a), Oct. 29, 2015, 129 Stat. 582; Pub. L. 114–87, title II, § 2001(a), Nov. 20, 2015, 129 Stat. 685; Pub. L. 114–94, div. C, title XXXI, §§ 31101(a), 31102(e)(1), (2)(A), 31201, 31202(a), Dec. 4, 2015, 129 Stat. 1726–1728; Pub. L. 115–141, div. U, title I, § 104(b), title IV, § 401(a)(341), Mar. 23, 2018, 132 Stat. 1170, 1200; Pub. L. 116–159, div. B, title II, §§ 1201, 1204, Oct. 1, 2020, 134 Stat. 727, 728; Pub. L. 117–44, title II, § 201(a), Oct. 2, 2021, 135 Stat. 386; Pub. L. 117–52, § 4(a), Oct. 31, 2021, 135 Stat. 409; Pub. L. 117–58, div. H, title I, §§ 80101(a), 80102(e)(1), (2)(A), 80103, Nov. 15, 2021, 135 Stat. 1327, 1328; Pub. L. 119–103, div. C, title II, § 3201(a), Sept. 2, 2026, 140 Stat. 1005.)
Terms defined here
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Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 21 other sections
- § 9602(b) Management of Trust Funds
- § 4041 Imposition of tax
- § 4051 Imposition of tax on heavy trucks and trailers sold at retail
- § 4071 Imposition of tax
- § 4081 Imposition of tax
- § 4481 Imposition of tax
- § 6426 Credit for alcohol fuel, biodiesel, and alternative fuel mixtures
- § 6715 Dyed fuel sold for use or used in taxable use, etc.
- § 6715A Tampering with or failing to maintain security requirements for mechanical dye injection systems
- § 6717 Refusal of entry
- § 6718 Failure to display tax registration on vessels
- § 6719 Failure to register or reregister
- § 6720A Penalty with respect to certain adulterated fuels
- § 6725 Failure to report information under section 4101
- § 7232 Failure to register or reregister under section 4101, false representations of registration status, etc.
- § 7272 Penalty for failure to register or reregister
- § 4101 Registration and bond
- § 6412(a) Floor stocks refunds
- § 6427 Fuels not used for taxable purposes
- § 34 Certain uses of gasoline and special fuels
- § 9508(c)(2) Leaking Underground Storage Tank Trust Fund
Cited by 3 Code sections
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 119–103Parts changed in 2026: (b)(6)(B) (c)(1)
- Amended by Pub. L. 117–58Parts changed in 2021: (b)(1) (b)(2) (b)(6)(B) (c)(1) (c)(2) (c)(3)(A)(i) (c)(4)(A) (e)(3) (f)(11)
- Amended by Pub. L. 117–52
- Amended by Pub. L. 117–44
- Amended by Pub. L. 116–159Parts changed in 2020: (b)(6)(B) (c)(1) (e)(3) (f)(10)
- Amended by Pub. L. 115–141Parts changed in 2018: (c)(5) (e)(2)(C) (e)(2)(D)
- Amended by Pub. L. 114–94Parts changed in 2015: (b)(1) (b)(2) (b)(5) (b)(6)(B) (c)(1) (c)(2) (c)(3)(A)(i) (e)(3) (f)(7) (f)(8) (f)(9) (f)(10)
- Amended by Pub. L. 114–87
- Amended by Pub. L. 114–73
- Amended by Pub. L. 114–41
- Amended by Pub. L. 114–21
- Amended by Pub. L. 113–287, Pub. L. 113–295Parts changed in 2014: (b)(1) (b)(6)(B) (c)(1) (c)(3)(A)(i) (e)(3) (f)(5)
- Amended by Pub. L. 113–159
- Amended by Pub. L. 112–141Parts changed in 2012: (b)(1) (b)(2) (b)(6)(B) (c)(1) (c)(2) (c)(3)(A)(i) (e)(3) (f)(3) (f)(4) (f)(5)
- Amended by Pub. L. 112–140
- Amended by Pub. L. 112–102
- Amended by Pub. L. 112–30Parts changed in 2011: (b)(1) (b)(2) (b)(6)(B) (c)(1) (c)(2) (c)(3)(A)(i) (e)(3)
- Amended by Pub. L. 112–5
- Amended by Pub. L. 111–322Parts changed in 2010: (b)(4)(D) (b)(6)(B) (c)(1) (c)(2) (c)(3) (e)(1) (e)(3) (e)(5)(A) (f)(1) (f)(1)(B) (f)(2) (f)(4)
- Amended by Pub. L. 111–147
- Amended by Pub. L. 111–88Parts changed in 2009: (c)(1) (e)(3) (f)(2)
- Amended by Pub. L. 111–68
- Amended by Pub. L. 111–46
- Amended by Pub. L. 110–318Parts changed in 2008: (c)(1) (f)
- Amended by Pub. L. 110–244
- Amended by Pub. L. 110–172Parts changed in 2007: (c)(6)
- Amended by Pub. L. 109–432Parts changed in 2006: (c)(7) (c)(7)(A)
- Amended by Pub. L. 109–59Parts changed in 2005: (b)(1) (b)(2) (b)(3) (b)(5) (b)(6)(B) (c)(1) (c)(1)(L) (c)(1)(M) (c)(1)(N) (c)(1)(O) (c)(1)(P) (c)(1)(Q) (c)(2)(A) (c)(2)(A)(i) (c)(3) (c)(4) (c)(5)(A) (c)(7) (d)(1)(B) (d)(3) (d)(6) (e)(3) (e)(3)(J) (e)(3)(K) (e)(3)(L) (e)(3)(M) (e)(3)(N) (e)(3)(O)
- Amended by Pub. L. 109–42
- Amended by Pub. L. 109–40
- Amended by Pub. L. 109–37
- Amended by Pub. L. 109–35
- Amended by Pub. L. 109–20
- Amended by Pub. L. 109–14
- Amended by Pub. L. 108–357Parts changed in 2004: (b) (b)(1) (b)(4)(C) (b)(4)(D)(iii) (b)(4)(E) (b)(5) (b)(5)(B) (b)(6) (c)(1) (c)(1)(G) (c)(1)(H) (c)(1)(I) (c)(1)(J) (c)(1)(K) (c)(2)(A) (e)(3) (e)(3)(E) (e)(3)(F) (e)(3)(G) (e)(3)(H) (e)(3)(I)
- Amended by Pub. L. 108–310
- Amended by Pub. L. 108–280
- Amended by Pub. L. 108–263
- Amended by Pub. L. 108–224
- Amended by Pub. L. 108–202
- Amended by Pub. L. 108–88Parts changed in 2003: (b)(5)(B) (c)(1) (e)(3)
- Amended by Pub. L. 106–554Parts changed in 2000: (b)(5)
- Amended by Pub. L. 105–354Parts changed in 1998: (b)(1) (b)(1)(C) (b)(2) (b)(4)(D) (b)(4)(E) (b)(6) (c)(1) (c)(2)(A)(i) (c)(2)(A)(i)(II) (c)(2)(A)(ii) (c)(3) (c)(4)(A)(i) (c)(4)(A)(ii) (c)(5)(A) (c)(6) (c)(7) (e)(2) (e)(3) (e)(4) (f) (f)(2)
- Amended by Pub. L. 105–277
- Amended by Pub. L. 105–225
- Amended by Pub. L. 105–206
- Amended by Pub. L. 105–178
- Amended by Pub. L. 105–130Parts changed in 1997: (b)(1)(E) (b)(4) (b)(5)(B) (c)(1) (c)(2)(A) (c)(2)(A)(ii) (c)(4)(A)(i) (c)(4)(D) (c)(5)(A) (c)(5)(B) (c)(6)(E) (c)(7) (e)(2) (e)(3) (e)(5)(A) (f)
- Amended by Pub. L. 105–102
- Amended by Pub. L. 105–34
- Amended by Pub. L. 103–429Parts changed in 1994: (e)(3)(A)
- Amended by Pub. L. 103–66Parts changed in 1993: (b)(1)(E) (b)(1)(F) (b)(4) (b)(4)(B) (b)(5) (c)(4)(D) (c)(5)(B) (c)(6)(D) (e)(2) (f)
- Amended by Pub. L. 102–240Parts changed in 1991: (b)(1) (c)(1) (c)(2)(A) (c)(4)(A)(i) (c)(6) (e)(3)
- Amended by Pub. L. 101–508Parts changed in 1990: (b)(1) (b)(4)(B) (b)(5) (c)(2)(A) (c)(3) (c)(4)(D) (c)(5) (e)(2)
- Amended by Pub. L. 101–239Parts changed in 1989: (b)(4)(A)
- Amended by Pub. L. 100–448Parts changed in 1988: (c)(4)(A)(ii)(I) (c)(4)(E)
- Amended by Pub. L. 100–203Parts changed in 1987: (b) (b)(1)(F) (b)(4) (c) (c)(1)(C) (e)(2) (e)(3) (e)(5)
- Amended by Pub. L. 100–17
- Amended by Pub. L. 99–640Parts changed in 1986: (b)(4) (c)(4)(A)(ii) (c)(4)(D) (c)(4)(E)
- Amended by Pub. L. 99–499
- Amended by Pub. L. 98–369Parts changed in 1984: (c)(2)(A)(ii) (c)(4)(A) (c)(4)(A)(i) (c)(4)(A)(ii)(II) (c)(4)(B) (e)(2)
- Added by Pub. L. 97–424
Where it sits in the Code
Nearby sections
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.