Section 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, 2016, under the following provisions— (A) section 4041 (relating to taxes on diesel fuels and special motor fuels), (B) section 4051 (relating to retail tax on heavy trucks and trailers), (C) section 4071 (relating to tax on tires), (D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and (E) 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. (2) Liabilities incurred before October 1, 2016 There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2016, and before July 1, 2017, and which are attributable to liability for tax incurred before October 1, 2016, under the provisions described in paragraph (1). [(3) Repealed. Pub. L. 109–59, title XI, § 11161(c)(2)(C), Aug. 10, 2005, 119 Stat. 1972] (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— (A) section 4041(d), (B) section 4081 to the extent attributable to the rate specified in section 4081(a)(2)(B), (C) section 4041 or 4081 to the extent attributable to fuel used in a train, or (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— (i) 11.5 cents per gallon with respect to taxes imposed before October 1, 2001, (ii) 13 cents per gallon with respect to taxes imposed after September 30, 2001, and before October 1, 2003, and (iii) 13.5 cents per gallon with respect to taxes imposed after September 30, 2003, and before October 1, 2005. (5) Certain penalties There are hereby appropriated to the Highway 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 such section related to failure to register under section 4101). (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— (i) any provision of law which is not contained or referenced in this title or in a revenue Act, and (ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. (B) Exception for prior obligations Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before June 1, 2015, in accordance with the provisions of this section.

(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 June 1, 2015, 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 Highway and Transportation Funding Act of 2014 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, 2017, 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, 2016. (ii) Limitation The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000. (B) Excess funds transferred to Sport Fish Restoration and Boating Trust Fund Any amounts in the Highway Trust Fund— (i) which are attributable to motorboat fuel taxes, and (ii) which are not transferred from the Highway Trust Fund under subparagraph (A), 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, 2016. (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.

(e) Establishment of Mass Transit Account (1) Creation of account 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). (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— (A) except as otherwise provided in this sentence, 2.86 cents per gallon, (B) 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, (C) 1.86 cents per gallon in the case of liquefied natural gas, (D) 2.13 cents per gallon in the case of liquefied petroleum gas, and (E) 9.71 cents per MCF (determined at standard temperature and pressure) in the case of compressed natural gas. (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 June 1, 2015, in accordance with the Highway and Transportation Funding Act of 2014 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. (B) Highway 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.

(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. (2) Restoration of foregone interest Out of money in the Treasury not otherwise appropriated, there is hereby appropriated— (A) $14,700,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and (B) $4,800,000,000 to the Mass Transit Account in the Highway Trust Fund. (3) Increase in fund balance 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). (4) Additional appropriations to trust fund Out of money in the Treasury not otherwise appropriated, there is hereby appropriated to— (A) the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund— (i) for fiscal year 2013, $6,200,000,000, and (ii) for fiscal year 2014, $10,400,000,000, and (B) the Mass Transit Account in the Highway Trust Fund, for fiscal year 2014, $2,200,000,000. (5) Additional sums Out of money in the Treasury not otherwise appropriated, there is hereby appropriated— (A) $7,765,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and (B) $2,000,000,000 to the Mass Transit Account in the Highway Trust Fund. (6) Additional increase in fund balance 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). (7) Treatment of amounts Any amount appropriated or transferred under this subsection to the Highway Trust Fund shall remain available without fiscal year limitation.