Page:United States Statutes at Large Volume 119.djvu/1990

 119 STAT. 1972

Effective date. Termination date.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

(F) Section 6427(l)(6)(B), as redesignated by paragraph (2)(B), is amended by striking ‘‘aviation-grade kerosene’’ and inserting ‘‘kerosene used in aviation’’. (c) TRANSFERS FROM HIGHWAY TRUST FUND OF TAXES ON FUELS USED IN AVIATION TO AIRPORT AND AIRWAY TRUST FUND.— (1) IN GENERAL.—Section 9503(c) (relating to expenditures from Highway Trust Fund) is amended by adding at the end the following new paragraph: ‘‘(7) 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 with respect to which a payment has been made by the Secretary under section 6427(l)(4), and ‘‘(B) 21.8 cents per gallon of kerosene with respect to which a payment has been made by the Secretary under section 6427(l)(5). 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) or (5) of section 6427(l) shall be treated for purposes of subparagraphs (A) and (B) as a payment made by the Secretary under such paragraph.’’. (2) CONFORMING AMENDMENTS.— (A) Section 9502(a) is amended by striking ‘‘appropriated or credited to the Airport and Airway Trust Fund as provided in this section or section 9602(b)’’ and inserting ‘‘appropriated, credited, or paid into the Airport and Airway Trust Fund as provided in this section, section 9503(c)(7), or section 9602(b)’’. (B) Section 9502(b)(1) is amended— (i) by striking ‘‘subsections (c) and (e) of section 4041’’ in subparagraph (A) and inserting ‘‘section 4041(c)’’, and (ii) by striking ‘‘and aviation-grade kerosene’’ in subparagraph (C) and inserting ‘‘and kerosene to the extent attributable to the rate specified in section 4081(a)(2)(C)’’. (C) Section 9503(b) is amended by striking paragraph (3). (d) CERTAIN REFUNDS NOT TRANSFERRED FROM AIRPORT AND AIRWAY TRUST FUND.— (1) Section 9502(d)(2) (relating to transfers from Airport and Airway Trust Fund on account of certain refunds) is amended by inserting ‘‘(other than subsection (l)(4) and (l)(5) thereof)’’ after ‘‘or 6427 (relating to fuels not used for taxable purposes)’’. (2) The text of section 9502(d)(3) (relating to transfers from Airport and Airway Trust Fund on account of certain

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