I 

115TH CONGRESS 

1ST SESSION H. R. 1908 

To provide for the use of funds in the Harbor Maintenance Trust Fund 

for the purposes for which the funds were collected and to ensure that 

funds credited to the Harbor Maintenance Trust Fund are used to 

support navigation. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. KELLY of Pennsylvania (for himself and Mr. DEFAZIO) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committees on Ways and 

Means, and 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 for the use of funds in the Harbor Maintenance 

Trust Fund for the purposes for which the funds were 

collected and to ensure that funds credited to the Harbor 

Maintenance Trust Fund are used to support navigation. 

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 ‘‘Investing In America: 

5 Unlocking the Harbor Maintenance Trust Fund Act’’. 


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1 SEC. 2. USE OF HARBOR MAINTENANCE TRUST FUND TO 

2 SUPPORT NAVIGATION. 

3 (a) AVAILABILITY OF AMOUNTS.—Section 210 of the 

4 Water Resources Development Act of 1986 (33 U.S.C. 

5 2238) is amended— 

6 (1) in the section heading by striking ‘‘AU7 THORIZATION OF APPROPRIATIONS’’ and insert8 ing ‘‘FUNDING FOR NAVIGATION’’; and 

9 (2) in subsection (a) by striking ‘‘There are au10 thorized to be appropriated’’ and all that follows be11 fore paragraph (1) and inserting ‘‘Amounts made 

12 available from the Harbor Maintenance Trust Fund 

13 in accordance with section 9505(d) of the Internal 

14 Revenue Code of 1986 shall be used to pay—’’. 

15 (b) AMENDMENT TO TRUST FUND CODE.—Section 

16 9505(c) of the Internal Revenue Code of 1986 is amend17 ed— 

18 (1) in the matter preceding paragraph (1) by 

19 striking ‘‘, as provided by appropriation Acts,’’ and 

20 inserting ‘‘, in accordance with subsection (d),’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(d) AVAILABILITY OF AMOUNTS.—Beginning on Oc23 tober 1, 2017, there shall be available from the Harbor 

24 Maintenance Trust Fund for making expenditures under 

25 subsection (c)— 


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1 ‘‘(1) without further appropriation, an amount 

2 equivalent to the taxes received in the Treasury 

3 under section 4461 for the previous fiscal year, as 

4 determined by the Secretary of the Treasury; and 

5 ‘‘(2) such additional amounts as provided by 

6 appropriations Acts.’’. 

7 (c) ESTIMATE OF HARBOR MAINTENANCE NEEDS.— 

8 Section 1537(2) of MAP–21 (33 U.S.C. 2238a(2)) is 

9 amended by striking ‘‘amount of appropriations’’ and in10 serting ‘‘expenditures’’. 

11 SEC. 3. BUDGETARY TREATMENT OF HARBOR MAINTE12 NANCE TRUST FUND. 

13 Notwithstanding any other provision of law, the re14 ceipts and disbursements of the Harbor Maintenance 

15 Trust Fund— 

16 (1) shall not be counted as new budget author17 ity, outlays, receipts, or deficit or surplus for pur18 poses of— 

19 (A) the budget of the United States Gov20 ernment as submitted by the President; 

21 (B) the congressional budget (including al22 locations of budget authority and outlays pro23 vided therein); 

24 (C) the Balanced Budget and Emergency 

25 Deficit Control Act of 1985; or 


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1 (D) the Statutory Pay-As-You-Go Act of 

2 2010; 

3 (2) shall be exempt from any general budget 

4 limitation imposed by statute on expenditures and 

5 net lending (budget outlays) of the United States 

6 Government; and 

7 (3) shall be available only for the purposes 

8 specified in section 9505 of the Internal Revenue 

9 Code of 1986. 

10 SEC. 4. ANNUAL REPORT TO CONGRESS. 

11 Section 330 of the Water Resources Development Act 

12 of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend13 ed— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘and annually thereafter,’’ 

16 and inserting ‘‘and annually thereafter concur17 rent with the submission of the President’s an18 nual budget request to Congress,’’; and 

19 (B) by striking ‘‘Public Works and Trans20 portation’’ and inserting ‘‘Transportation and 

21 Infrastructure’’; and 

22 (2) in subsection (b)(1) by adding at the end 

23 the following: 

24 ‘‘(D) A description of the expected expend25 itures from the trust fund to meet the needs of 


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1 navigation for the fiscal year of the budget re2 quest.’’. 

3 SEC. 5. HARBOR MAINTENANCE TRUST FUND DEFINED. 

4 In this Act, the term ‘‘Harbor Maintenance Trust 

5 Fund’’ means the Harbor Maintenance Trust Fund estab6 lished by section 9505 of the Internal Revenue Code of 

7 1986. 

8 SEC. 6. APPLICABILITY. 

9 This Act (including the amendments made by this 

10 Act) shall apply to fiscal years beginning after September 

11 30, 2017. 

Æ 


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