text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Update, Promote, and Develop 
  America's Transportation Essentials Act of 2013''.
  
  SEC. 2. FINDINGS; SENSE OF CONGRESS.
  
      (a) Findings.--The Congress finds the following:
              (1) Since the passage of SAFETEA-LU, Congress has 
          transferred over $50 billion from the General Fund to the 
          Highway Trust Fund, in order to maintain solvency.
              (2) The Congressional Budget Office estimates after the end 
          of Fiscal year 2014, annual General Fund transfers of 
          approximately $15 billion will be necessary in order to 
          maintain current Highway Trust Fund spending levels.
              (3) The Congressional Budget Office also estimates that in 
          order to provide funding for surface transportation projects 
          where the Federal benefit outweighs the cost, an additional $83 
          billion a year would need to be allocated to the Highway and 
          Transit Trust Funds.
              (4) The American Society for Civil Engineers estimates that 
          in order to meet our economic and transportation needs, the 
          United States should invest at least an additional $500 billion 
          in our surface transportation system by 2020.
              (5) The National Commission on Fiscal Reform and 
          Responsibility report, often referred to as the ``Simpson-
          Bowles'' plan, includes a recommendation to raise the gas tax 
          by fifteen cents.
              (6) The National Surface Transportation Infrastructure 
          Financing Commission recommended, in their 2009 report, that 
          Congress take action to prevent the Highway Trust Fund from 
          becoming insolvent, and to avoid any reductions in 
          infrastructure spending. The Commission also noted that a 
          Federal funding system based on a vehicle miles traveled 
          system, is the consensus choice for the future.
      (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the 
  sense of Congress that by 2024 the gas tax should be repealed and 
  replaced with a more sustainable, stable funding source.
  
  SEC. 3. 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 to 
  read as follows:
                              ``(i) in the case of gasoline other than 
                          aviation gasoline--
                                      ``(I) for tax imposed before 2014, 
                                  18.3 cents per gallon,
                                      ``(II) for tax imposed during 2014, 
                                  26.3 cents per gallon,
                                      ``(III) for tax imposed during 
                                  2015, 30.3 cents per gallon, and
                                      ``(IV) for tax imposed after 2015 
                                  and before 2025, 33.3 cents per 
                                  gallon,''.
      (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the 
  Internal Revenue Code of 1986 is amended to read as follows:
                              ``(iii) in the case of diesel fuel or 
                          kerosene--
                                      ``(I) for tax imposed before 2014, 
                                  24.3 cents per gallon,
                                      ``(II) for tax imposed during 2014, 
                                  32.3 cents per gallon,
                                      ``(III) for tax imposed during 
                                  2015, 36.3 cents per gallon, and
                                      ``(IV) for tax imposed after 2015 
                                  and before 2025, 39.3 cents per 
                                  gallon,''.
      (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of 
  such Code is amended by adding at the end the following:
                      ``(E) Adjustment for inflation.--In the case of any 
                  calendar year beginning after 2016, the rates of tax 
                  contained in clauses (i)(IV) and (iii)(IV) of 
                  subparagraph (A) shall each be increased by an amount 
                  equal to--
                              ``(i) such rate, multiplied by
                              ``(ii) the cost of living adjustment 
                          determined under section 1(f)(3) for the 
                          calendar year, determined by substituting 
                          `calendar year 2015' 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 the 
  Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for 
  ``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate 
  in effect under subparagraph (A) (without regard to this 
  subparagraph)''.
      (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code 
  of 1986 is amended by striking ``September 30, 2016'' and inserting 
  ``December 31, 2024''.
      (f) Effective Date.--The amendments made by this section shall 
  apply to fuels or liquids removed, entered, or sold after December 31, 
  2013.
  
  SEC. 4. FLOOR STOCKS TAX.
  
      (a) Imposition of Tax.--In the case of any taxable liquid which is 
  held on the floor stocks tax date by any person, there is hereby 
  imposed a floor stocks tax equal to the excess of the tax which would 
  be imposed on such liquid under section 4041 or 4081 of the Internal 
  Revenue Code of 1986 had the taxable event occurred on the floor stocks 
  tax date over the tax paid under any such section on such liquid.
      (b) Liability for Tax and Method of Payment.--
              (1) Liability for tax.--A person holding a liquid on the 
          floor stocks tax date to which the tax imposed by subsection 
          (a) applies shall be liable for such tax.
              (2) Method of payment.--The tax imposed by subsection (a) 
          shall be paid in such manner as the Secretary shall prescribe.
              (3) Time of payment.--The tax imposed by subsection (a) 
          shall be paid on or before the date which is 6 months after the 
          floor stocks tax date.
      (c) Definitions.--For purposes of this section--
              (1) Held by a person.--A liquid shall be considered as held 
          by a person if title thereto has passed to such person (whether 
          or not delivery to the person has been made).
              (2) Taxable liquid.--The term ``taxable liquid'' means 
          diesel fuel and kerosene (other than aviation-grade kerosene).
              (3) Floor stocks date.--The term ``floor stocks tax date'' 
          means any January 1 of any calendar year beginning after the 
          date of the enactment of this Act on which a rate of tax under 
          section 4041 or 4081 of such Code increases pursuant to an 
          amendment made by section 2.
              (4) Secretary.--The term ``Secretary'' means the Secretary 
          of the Treasury.
      (d) Exception for Exempt Uses.--The tax imposed by subsection (a) 
  shall not apply to taxable liquid held by any person exclusively for 
  any use to the extent a credit or refund of the tax imposed by a 
  section of such Code is allowable for such use.
      (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be 
  imposed by subsection (a) on taxable liquid held in the tank of a motor 
  vehicle or motorboat.
      (f) Exception for Certain Amounts of Fuel.--
              (1) In general.--No tax shall be imposed by subsection (A) 
          on any liquid held on the floor stocks tax date by any person 
          if the aggregate amount of liquid held by such person on such 
          date does not exceed 2,000 gallons. The preceding sentence 
          shall apply only if such person submits to the Secretary (at 
          the time and in the manner required by the Secretary) such 
          information as the Secretary shall require for purposes of this 
          paragraph.
              (2) Exempt fuel.--For purposes of paragraph (1), there 
          shall not be taken into account fuel held by any person which 
          is exempt from the tax imposed by subsection (a) by reason of 
          subsection (d) or (e).
              (3) Controlled groups.--For purposes of this section--
                      (A) Corporations.--
                              (i) In general.--All persons treated as a 
                          controlled group shall be treated as 1 person.
                              (ii) Controlled group.--The term 
                          ``controlled group'' has the meaning given to 
                          such term by subsection (a) of section 1563 of 
                          such Code; except that for such purposes the 
                          phrase ``more than 50 percent'' shall be 
                          substituted for the phrase ``at least 80 
                          percent'' each place it appears in such 
                          subsection.
                      (B) Nonincorporated persons under common control.--
                  Under regulations prescribed by the Secretary, 
                  principles similar to the principles of clause (i) 
                  shall apply to a group of persons under common control 
                  where one or more of such persons is not a corporation.
      (g) Other Laws Applicable.--All provisions of law, including 
  penalties, applicable with respect to the taxes imposed by chapter 31 
  or 32 of such Code shall, insofar as applicable and not inconsistent 
  with the provisions of this section, apply with respect to the floor 
  stock taxes imposed by subsection (a) to the same extent as if such 
  taxes were imposed by such chapter.
target: Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024,&nbsp;the gas tax should be repealed and replaced with a more sustainable, stable funding source.  Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024.  Imposes a floor stocks tax on&nbsp;rate increases for gasoline, diesel fuel, and&nbsp; kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers. 
feat_title: Update, Promote, and Develop America's Transportation Essentials Act of 2013