§ 9503. Highway Trust Fund
(b)
Transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties
(1)
Certain taxes
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2011, under the following provisions—
(2)
Liabilities incurred before October 1, 2011
There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2011, and before July 1, 2012, and which are attributable to liability for tax incurred before October 1, 2011, under the provisions described in paragraph (1).
(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—
(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—
(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—
(c)
Expenditures from Highway Trust Fund
(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 March 5, 2011, 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 2010, Part II 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).
(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 July 1, 2012, 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.
(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 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, 2011.
(B)
Excess funds transferred to Sport Fish Restoration and Boating Trust Fund
Any amounts in the Highway Trust Fund—
shall be transferred by the Secretary from the Highway Trust Fund into the Sport Fish Restoration and Boating Trust Fund.
(C)
Motorboat fuel taxes
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.
(D)
Determination
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.”
(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 December 1, 1990, and before October 1, 2011.
(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 October 1, 2005, and before October 1, 2011, under section
4081 with respect to so much of the rate of tax as does not exceed—
(A)
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
(B)
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.
(d)
Adjustments of apportionments
(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—
(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)—
(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—
(ii)
the amount authorized to be appropriated from 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.
(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—
(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—
(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.
(e)
Establishment of Mass Transit Account
(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 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 Highway Trust Fund, the amount determined at the rate of—
(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 March 5, 2011, in accordance with the Surface Transportation Extension Act of 2010, Part II 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).
(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.
(f)
Determination of Trust Fund balances after September 30, 1998
(1)
In general
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.
[1] So in original. No par. (3) has been enacted.