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B-275490 1 (1996-12-05)

handle is hein.gao/gaocrptaenm0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Corrections to the Federal Highway Trust Fund

             File:       B-275490

             Date:       December 5, 1996

             DIGEST

             Because of a clerical error, the Financial Management Service, Department of the
             Treasury, failed to credit actual excise tax receipts to the Highway Trust Fund for
             the quarters ending June 30, September 30, and December 31, 1993, as required by
             law. 26 U.S.C. §§ 9601, 9503. The Secretary of the Treasury has the authority to
             correct the clerical accounting and reporting errors by restating the fiscal year 1994
             and 1995 income statements for the Highway Trust Fund provided to the
             Department of Transportation. The Secretary of Transportation has no authority to
             administratively adjust, modify, or correct Highway Trust Fund income data
             provided by the Department of the Treasury and is bound to make apportionments
             to the States based on the data reported by the Treasury.

             DECISION

             The Department of the Treasury (Treasury) and the Department of Transportation
             (Transportation) ask whether they are authorized to correct certain clerical
             accounting and reporting errors relating to appropriations in the Highway Trust
             Fund (HT Fund). Treasury believes that it has the authority to, and should, correct
             errors made in recording collections and resulting appropriations attributable to the
             HT Fund by restating the fiscal years (FY) 1994 and 1995 income statements for the
             HT Fund provided Transportation. Transportation believes that it must apportion
             HT funds to the states based on the income statements provided by the Treasury.
             For the reasons explained below, we agree that Treasury may adjust the FY 1994
             and 1995 HT Fund income statements and that Transportation must base its
             apportionment on the corrected income statements.

             BACKGROUND

             Federal Aid Highway Program

             The Federal Aid Highway Program distributes billions of dollars of federal funding
             annually to the 50 states, the District of Columbia, and Puerto Rico for highway
             construction, repair, and related activities. To finance the highway program,


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