I

106TH CONGRESS

1ST SESSION H. R. 111

To provide off-budget treatment for the Airport and Airway Trust Fund,

the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. DUNCAN, Mr. BOEHLERT,

Mr. LIPINSKI, and Mr. BORSKI) introduced the following bill; which was

referred to the Committee on Transportation and Infrastructure, and in

addition to the Committee on the Budget, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide off-budget treatment for the Airport and Airway

Trust Fund, the Inland Waterways Trust Fund, and

the Harbor Maintenance Trust Fund.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Truth in Budgeting

5 Act’’.
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1 SEC. 2. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY

2 TRUST FUND, INLAND WATERWAYS TRUST

3 FUND, AND HARBOR MAINTENANCE TRUST

4 FUND.

5 Notwithstanding any other provision of law, the re6 ceipts and disbursements of the Airport and Airway Trust

7 Fund, the Inland Waterways Trust Fund, and the Harbor

8 Maintenance Trust Fund—

9 (1) shall not be counted as new budget author10 ity, outlays, receipts, or deficit or surplus for pur11 poses of—

12 (A) the budget of the United States Gov13 ernment as submitted by the President,

14 (B) the congressional budget (including al15 locations of budget authority and outlays pro16 vided therein), or

17 (C) the Balanced Budget and Emergency

18 Deficit Control Act of 1985; and

19 (2) shall be exempt from any general budget

20 limitation imposed by statute on expenditures and

21 net lending (budget outlays) of the United States

22 Government.
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1 SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

2 AIRPORT AND AIRWAY TRUST FUND.

3 (a) IN GENERAL.—Chapter 471 of title 49, United

4 States Code, is amended by inserting after section 47134

5 the following new section:

6 ‘‘§ 47135. Safeguards against deficit spending

7 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR8 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

9 March 31 of each year, the Secretary, in consultation with

10 the Secretary of the Treasury, shall estimate—

11 ‘‘(1) the amount which would (but for this sec12 tion) be the unfunded aviation authorizations at the

13 close of the first fiscal year that begins after that

14 March 31, and

15 ‘‘(2) the net aviation receipts at the close of

16 such fiscal year.

17 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

18 AUTHORIZATIONS.—If the Secretary determines for any

19 fiscal year that the amount described in subsection (a)(1)

20 exceeds the amount described in subsection (a)(2), the

21 Secretary shall determine the amount of such excess.

22 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN23 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

24 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

25 Secretary determines that there is an excess referred
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1 to in subsection (b) for a fiscal year, the Secretary

2 shall determine the percentage which—

3 ‘‘(A) such excess, is of

4 ‘‘(B) the total of the amounts authorized

5 to be appropriated from the Airport and Airway

6 Trust Fund for the next fiscal year.

7 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If

8 the Secretary determines a percentage under para9 graph (1), each amount authorized to be appro10 priated from the Airport and Airway Trust Fund for

11 the next fiscal year shall be reduced by such percent12 age.

13 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH14 HELD.—

15 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

16 after a reduction has been made under subsection

17 (c)(2), the Secretary determines that the amount de18 scribed in subsection (a)(1) does not exceed the

19 amount described in subsection (a)(2) or that the ex20 cess referred to in subsection (b) is less than the

21 amount previously determined, each amount author22 ized to be appropriated that was reduced under sub23 section (c)(2) shall be increased, by an equal per24 centage, to the extent the Secretary determines that

25 it may be so increased without causing the amount
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1 described in subsection (a)(1) to exceed the amount

2 described in subsection (a)(2) (but not by more than

3 the amount of the reduction).

4 ‘‘(2) APPORTIONMENT.—The Secretary shall

5 apportion amounts made available for apportionment

6 by paragraph (1).

7 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap8 portioned under paragraph (2) shall remain available

9 for the period for which they would be available if

10 such apportionment took effect with the fiscal year

11 in which they are apportioned under paragraph (2).

12 ‘‘(e) REPORTS.—Any estimate under subsection (a)

13 and any determination under subsection (b), (c), or (d)

14 shall be reported by the Secretary to Congress.

15 ‘‘(f) DEFINITIONS.—For purposes of this section, the

16 following definitions apply:

17 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

18 aviation receipts’ means, with respect to any period,

19 the excess of—

20 ‘‘(A) the receipts (including interest) of the

21 Airport and Airway Trust Fund during such

22 period, over

23 ‘‘(B) the amounts to be transferred during

24 such period from the Airport and Airway Trust

25 Fund under section 9502(d) of the Internal
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1 Revenue Code of 1986 (other than paragraph

2 (1) thereof).

3 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

4 The term ‘unfunded aviation authorization’ means,

5 at any time, the excess (if any) of—

6 ‘‘(A) the total amount authorized to be ap7 propriated from the Airport and Airway Trust

8 Fund which has not been appropriated, over

9 ‘‘(B) the amount available in the Airport

10 and Airway Trust Fund at such time to make

11 such appropriation (after all other unliquidated

12 obligations at such time which are payable from

13 the Airport and Airway Trust Fund have been

14 liquidated).’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 471 of title 49, United States Code, is amended

17 by inserting after the item relating to section 47134 the

18 following:

‘‘47135. Safeguards against deficit spending.’’.

19 SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

20 THE INLAND WATERWAYS TRUST FUND AND

21 HARBOR MAINTENANCE TRUST FUND.

22 (a) ESTIMATES OF UNFUNDED INLAND WATERWAYS

23 AUTHORIZATIONS AND NET INLAND WATERWAYS RE24 CEIPTS.—Not later than March 31 of each year, the Sec-
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1 retary of the Army, in consultation with the Secretary of

2 the Treasury, shall estimate—

3 (1) the amount which would (but for this sec4 tion) be the unfunded inland waterways authoriza5 tions and unfunded harbor maintenance authoriza6 tions at the close of the first fiscal year that begins

7 after that March 31; and

8 (2) the net inland waterways receipts and net

9 harbor maintenance receipts at the close of such fis10 cal year.

11 (b) PROCEDURE IF EXCESS UNFUNDED INLAND

12 WATERWAYS AUTHORIZATIONS.—If the Secretary of the

13 Army determines with respect to the Inland Waterways

14 Trust Fund or the Harbor Maintenance Trust Fund for

15 any fiscal year that the amount described in subsection

16 (a)(1) exceeds the amount described in subsection (a)(2),

17 the Secretary shall determine the amount of such excess.

18 (c) ADJUSTMENT OF AUTHORIZATIONS IF UN19 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

20 (1) DETERMINATION OF PERCENTAGE.—If the

21 Secretary of the Army determines that there is an

22 excess referred to in subsection (b) for a fiscal year,

23 the Secretary of the Army shall determine the per24 centage which—

25 (A) such excess, is of
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1 (B) the total of the amounts authorized to

2 be appropriated from the Inland Waterways

3 Trust Fund or the Harbor Maintenance Trust

4 Fund, as the case may be, for the next fiscal

5 year.

6 (2) ADJUSTMENT OF AUTHORIZATIONS.—If the

7 Secretary of the Army determines a percentage

8 under paragraph (1), each amount authorized to be

9 appropriated from the Trust Fund for the next fiscal

10 year shall be reduced by such percentage.

11 (d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH12 HELD.—If, after an adjustment has been made under sub13 section (c)(2), the Secretary of the Army determines with

14 respect to the Inland Waterways Trust Fund or the Har15 bor Maintenance Trust Fund that the amount described

16 in subsection (a)(1) does not exceed the amount described

17 in subsection (a)(2) or that the excess referred to in sub18 section (b) with respect to the Trust Fund is less than

19 the amount previously determined, each amount author20 ized to be appropriated that was reduced under subsection

21 (c)(2) with respect to the Trust Fund shall be increased,

22 by an equal percentage, to the extent the Secretary of the

23 Army determines that it may be so increased without caus24 ing the amount described in subsection (a)(1) to exceed

25 with respect to the Trust Fund the amount described in
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1 subsection (a)(2) (but not by more than the amount of

2 the reduction).

3 (e) REPORTS.—Any estimate under subsection (a)

4 and any determination under subsection (b), (c), or (d)

5 shall be reported by the Secretary of the Army to Con6 gress.

7 (f) DEFINITIONS.—For purposes of this Act, the fol8 lowing definitions apply:

9 (1) AIRPORT AND AIRWAY TRUST FUND.—The

10 term ‘‘Airport and Airway Trust Fund’’ means the

11 Airport and Airway Trust Fund established by sec12 tion 9502 of the Internal Revenue Code of 1986.

13 (2) HARBOR MAINTENANCE TRUST FUND.—The

14 term ‘‘Harbor Maintenance Trust Fund’’ means the

15 Harbor Maintenance Trust Fund established by sec16 tion 9505 of the Internal Revenue Code of 1986.

17 (3) INLAND WATERWAYS TRUST FUND.—The

18 term ‘‘Inland Waterways Trust Fund’’ means the

19 Inland Waterways Trust Fund established by section

20 9506 of the Internal Revenue Code of 1986.

21 (4) NET HARBOR MAINTENANCE RECEIPTS.—

22 The term ‘‘net harbor maintenance receipts’’ means,

23 with respect to any period, the receipts (including in24 terest) of the Harbor Maintenance Trust Fund dur25 ing such period.
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1 (5) NET INLAND WATERWAYS RECEIPTS.—The

2 term ‘‘net inland waterways receipts’’ means, with

3 respect to any period, the receipts (including inter4 est) of the Inland Waterways Trust Fund during

5 such period.

6 (6) UNFUNDED INLAND WATERWAYS AUTHOR7 IZATIONS.—The term ‘‘unfunded inland waterways

8 authorizations’’ means, at any time, the excess (if

9 any) of—

10 (A) the total amount authorized to be ap11 propriated from the Inland Waterways Trust

12 Fund which has not been appropriated, over

13 (B) the amount available in the Inland

14 Waterways Trust Fund at such time to make

15 such appropriations.

16 (7) UNFUNDED HARBOR MAINTENANCE AU17 THORIZATIONS.—The term ‘‘unfunded harbor main18 tenance authorizations’’ means, at any time, the ex19 cess (if any) of—

20 (A) the total amount authorized to be ap21 propriated from the Harbor Maintenance Trust

22 Fund which has not been appropriated, over

23 (B) the amount available in the Harbor

24 Maintenance Trust Fund at such time to make

25 such appropriations.
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1 SEC. 5. APPLICABILITY.

2 This Act (including the amendments made by this

3 Act) shall apply to fiscal years beginning after September

4 30, 1999.

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