I

105TH CONGRESS

1ST SESSION H. R. 644

To amend the Internal Revenue Code of 1986 to provide for the deposit

of the general revenue portion of the motor fuel excise taxes into the

Highway Trust Fund and Airport and Airway Trust Fund, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. LATOURETTE (for himself, Mr. MCCOLLUM, Mr. GILLMOR, Mr. PITTS,

Mr. PETRI, Mr. CLEMENT, Mr. METCALF, Mr. PEASE, and Mr. CRAMER)

introduced the following bill; which was referred to the Committee on

Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide

for the deposit of the general revenue portion of the

motor fuel excise taxes into the Highway Trust Fund

and Airport and Airway Trust Fund, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. GENERAL REVENUE PORTION OF HIGHWAY

2 MOTOR FUEL EXCISE TAX REVENUES TO BE

3 DEPOSITED INTO HIGHWAY TRUST FUND.

4 (a) IN GENERAL.—Paragraph (4) of section 9503(b)

5 of the Internal Revenue Code of 1986 (relating to certain

6 additional taxes not transferred to Highway Trust Fund)

7 is amended to read as follows:

8 ‘‘(4) CERTAIN TAXES NOT TRANSFERRED TO

9 HIGHWAY TRUST FUND.—For purposes of para10 graphs (1) and (2), there shall not be taken into ac11 count the taxes imposed by—

12 ‘‘(A) section 4041(d),

13 ‘‘(B) section 4081 to the extent attrib14 utable to the rate specified in section

15 4081(a)(2)(B), or

16 ‘‘(C) section 4041 or 4081 to the extent

17 attributable to fuel used in a train.’’

18 (b) INCREASED REVENUES TO MASS TRANSIT AC19 COUNT.—Paragraph (2) of section 9503(e) of such Code

20 (relating to transfers to mass transit account) is amended

21 by striking ‘‘2 cents’’ and inserting ‘‘2.86 cents’’.

22 (c) CONFORMING AMENDMENTS.—

23 (1) Subparagraph (B) of section 40(e)(1) of

24 such Code is amended by striking ‘‘during which the

25 Highway Trust Fund financing rate under section

26 4081(a)(2) is not in effect’’ and inserting ‘‘during
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1 which the rates of tax specified in section

2 4081(a)(2)(A) are not in effect’’.

3 (2) Paragraph (2) of section 9502(b) of such

4 Code is amended by striking ‘‘(to the extent of 15

5 cents per gallon)’’.

6 (3) The last sentence of subparagraph (A) of

7 section 9503(c)(2) of such Code is amended by strik8 ing ‘‘by taking into account only the Highway Trust

9 Fund financing rate applicable to any fuel’’ and in10 serting ‘‘by taking into account only the portion of

11 the taxes which are deposited into the Highway

12 Trust Fund’’.

13 (4) Subparagraph (D) of section 9503(c)(4) of

14 such Code is amended by striking ‘‘the Highway

15 Trust Fund financing rate’’ and inserting ‘‘so much

16 of the rate specified in section 4081(a)(2)(A)(i) as

17 exceeds 4.3 cents per gallon’’.

18 (5) Subparagraph (B) of section 9503(c)(5) of

19 such Code is amended by striking ‘‘the Highway

20 Trust Fund financing rate’’ and inserting ‘‘so much

21 of the rate specified in section 4081(a)(2)(A)(i) as

22 exceeds 4.3 cents per gallon’’.

23 (6) Subparagraph (D) of section 9503(c)(6) of

24 such Code is amended by striking ‘‘the Highway

25 Trust Fund financing rate’’ and inserting ‘‘so much
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1 of a rate of tax under section 4081(a)(2)(A) as ex2 ceeds 4.3 cents per gallon’’.

3 (7) Subsection (f) of section 9503 of such Code

4 is hereby repealed.

5 (d) EFFECTIVE DATE.—The amendments made by

6 this section shall apply to amounts received in the Treas7 ury after the date of the enactment of this Act.

8 SEC. 2. GENERAL REVENUE PORTION OF AVIATION FUEL

9 EXCISE TAX REVENUES TO BE DEPOSITED

10 INTO AIRPORT AND AIRWAY TRUST FUND.

11 (a) IN GENERAL.—Paragraph (3) of section 9502(b)

12 of the Internal Revenue Code of 1986 (relating to transfer

13 to Airport and Airway Trust Fund of amounts equivalent

14 to certain taxes) is amended by striking ‘‘(to the extent

15 attributable to the Airport and Airway Trust Fund financ16 ing rate)’’.

17 (b) CONFORMING AMENDMENT.—Subsection (f) of

18 section 9502 of such Code is hereby repealed.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to amounts received in the Treas21 ury after the date of the enactment of this Act.

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