Union Calendar No. 250

104TH CONGRESS

2D SESSION H. R. 842

[Report No. 104–499, Parts I and II]

A BILL

To provide off-budget treatment for the Highway

the Harbor Maintenance Trust Fund.Fund, the Inland Waterways Trust Fund, andTrust Fund, the Airport and Airway Trust

MARCH 29, 1996

Reported adversely from the Committee on the Budget;

the State of the Union and ordered to be printedcommitted to the Committee of the Whole House on
IB

Union Calendar No. 250

104TH CONGRESS

2D SESSION H. R. 842

[Report No. 104–499, Parts I and II]

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

and Airway Trust Fund, the Inland Waterways Trust Fund, and the

Harbor Maintenance Trust Fund.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 7, 1995

Mr. SHUSTER (for himself, Mr. MINETA, Mr. PETRI, Mr. RAHALL, Mr. DUNCAN, Mr. OBERSTAR, Mr. BOEHLERT, and Mr. BORSKI) introduced the

following bill; which was referred to the Committee on Transportation

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

and Government Reform and Oversight, 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

DECEMBER 6, 1995

The Committee on Government Reform and Oversight discharged

DECEMBER 6, 1995

Rereferred 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

MARCH 27, 1996

Reported from the Committee on Transportation and Infrastructure with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

MARCH 27, 1996

Referral to the Committee on the Budget extended for a period ending not

later than March 29, 1996
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MARCH 29, 1996

Additional sponsors: Mr. YOUNG of Alaska, Mr. LIPINSKI, Mr. CLINGER, Mr.

WISE, Mr. BATEMAN, Mr. TRAFICANT, Mr. EMERSON, Mr. DEFAZIO, Mr.

COBLE, Mr. HAYES, Ms. MOLINARI, Mr. CLEMENT, Mr. ZELIFF, Mr.

COSTELLO, Mr. EWING, Mr. PARKER, Mr. GILCHREST, Mr. LAUGHLIN,

Mr. HUTCHINSON, Mr. CRAMER, Mr. BAKER of California, Miss COLLINS

of Michigan, Mr. KIM, Ms. DANNER, Mr. HORN, Mr. CLYBURN, Mr.

FRANKS of New Jersey, Ms. BROWN of Florida, Mr. BLUTE, Mr. BARCIA,

Mr. MICA, Mr. FILNER, Mr. QUINN, Mr. TUCKER, Mrs. FOWLER, Ms.

EDDIE BERNICE JOHNSON of Texas, Mr. EHLERS, Mr. BREWSTER, Mr.

BACHUS, Mr. WELLER, Mr. WAMP, Mr. LATHAM, Mr. LATOURETTE,

Mrs. SEASTRAND, Mr. TATE, Mrs. KELLY, Mr. LAHOOD, Mr. MARTINI,

Mr. MCKEON, Mr. ENGLISH of Pennsylvania, Mr. FOX of Pennsylvania,

Mr. TALENT, Mr. PETE GEREN of Texas, Mr. COYNE, Mr. QUILLEN, Mr.

GENE GREEN of Texas, Mr. SHAW, Mr. POMEROY, Mr. FROST, Mr.

WELDON of Florida, Mr. COLLINS of Georgia, Mr. PAYNE of Virginia,

Mr. BAKER of Louisiana, Mr. BRYANT of Tennessee, Mr. THORNTON,

Mr. BALDACCI, Mr. KLECZKA, Mr. TORRICELLI, Mr. ORTIZ, Mr. HOLDEN, Mr. MARTINEZ, Mr. GEKAS, Mr. EHRLICH, Mr. ABERCROMBIE, Mr.

MASCARA, Mr. WARD, Mr. ROHRABACHER, Mr. WILSON, Mr. EVANS, Mr.

GORDON, Mr. JACOBS, Mr. DOYLE, Mr. KLINK, Ms. ESHOO, Mr. UPTON,

Mr. BEREUTER, Mr. CHAPMAN, Mr. BONO, Mr. SCARBOROUGH, Mr.

MCNULTY, Mr. NADLER, Mr. CREMEANS, Mr. CRAPO, Mr. LONGLEY,

Mr. DOOLITTLE, Mr. VOLKMER, Mr. GEJDENSON, Mr. STUPAK, Mr.

ROBERTS, Mr. GILLMOR, Mr. LEWIS of California, Mr. DAVIS, Mr.

BAESLER, Mr. NEY, Mr. RIGGS, Mr. HOUGHTON, Mr. DEAL of Georgia,

Mr. WELDON of Pennsylvania, Mr. COOLEY of Oregon, Mr. MONTGOMERY, Ms. DUNN of Washington, Mr. MYERS of Indiana, Mr. NEUMANN,

Mr. HEINEMAN, Mr. WATTS of Oklahoma, Mr. LEWIS of Kentucky, Mrs.

LOWEY, Mr. MCHUGH, Mr. PAYNE of New Jersey, Mr. SISISKY, Mr.

DORNAN, Mrs. CHENOWETH, Mr. CHRYSLER, Mr. FUNDERBURK, Mr.

HINCHEY, Mrs. LINCOLN, Mr. MATSUI, Mr. GALLEGLY, Mr. ENSIGN, Mr.

HILLIARD, Mrs. CUBIN, Mr. ROSE, Mr. METCALF, Mr. CAMP, Mr. CALVERT, Mr. SCHIFF, Mr. POSHARD, Mr. RICHARDSON, Mr. SMITH of

Texas, Mrs. WALDHOLTZ, Mr. TIAHRT, Mr. FARR of California, Ms.

NORTON, Mr. DIAZ-BALART, Mr. SCHAEFER, Mr. HASTERT, Mr. MCCOLLUM, Mr. PETERSON of Minnesota, Mr. FORD, Mr. HANCOCK, Mr. TANNER, Mr. FRAZER, Mr. HEFLEY, Mr. MOORHEAD, Mr. HASTINGS of Florida, Mr. JEFFERSON, Mr. KILDEE, Mr. FIELDS of Texas, Mr. DELLUMS,

Mr. NORWOOD, Mr. THOMPSON, Mr. BROWN of California, Mr. JONES,

Ms. ROYBAL-ALLARD, Mr. FAWELL, Mr. SPENCE, Mr. BENTSEN, Mr.

LEWIS of Georgia, Mr. GOODLING, Mr. HANSEN, Mr. MARKEY, Mr.

ROTH, Mr. COMBEST, Mr. HUNTER, Mr. PICKETT, Ms. MCCARTHY, Mr.

MENENDEZ, Mr. FLANAGAN, Mr. CHAMBLISS, Mr. GRAHAM, Mr. FOLEY,

Mr. PASTOR, Mr. SOLOMON, Mr. TAYLOR of Mississippi, Mrs. SCHROEDER, Mr. TOWNS, Mr. BILBRAY, Mr. BARTLETT of Maryland, Mr.

BALLENGER, Mr. LEACH, Mr. ISTOOK, Mr. FORBES, Mr. MORAN, Mr.

LOBIONDO, Mr. HASTINGS of Washington, Mr. WHITFIELD, Mr.

GUTKNECHT, Mr. SKELTON, Mr. GILMAN, Mr. BARTON of Texas, Mr.

STUMP, Mr. FRISA, Mr. HALL of Texas, Mr. HAMILTON, Mr. BUYER, Mr.
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JOHNSON of South Dakota, Mr. DEUTSCH, Mr. SCOTT, Mr. MCHALE,

Mr. CRANE, Mr. ENGEL, Ms. WOOLSEY, Mr. MINGE, Mr. GANSKE, Mr.

HOSTETTLER, Mr. PAXON, Mr. ALLARD, and Mr. GREENWOOD

MARCH 29, 1996

Reported adversely from the Committee on the Budget; committed to the

Committee of the Whole House on the State of the Union and ordered

to be printed

[For text of introduced bill, see copy of bill as introduced on February 7, 1995]

A BILL

To provide off-budget treatment for the Highway Trust

Fund, 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’’.

6 SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST

7 FUND, AIRPORT AND AIRWAY TRUST FUND,

8 INLAND WATERWAYS TRUST FUND, AND HAR9 BOR MAINTENANCE TRUST FUND.

10 Notwithstanding any other provision of law, the re11 ceipts and disbursements of the Highway Trust Fund, the

12 Airport and Airway Trust Fund, the Inland Waterways

13 Trust Fund, and the Harbor Maintenance Trust Fund—
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1 (1) shall not be counted as new budget authority,

2 outlays, receipts, or deficit or surplus for purposes

3 of—

4 (A) the budget of the United States Govern5 ment as submitted by the President,

6 (B) the congressional budget (including al7 locations of budget authority and outlays pro8 vided therein), or

9 (C) the Balanced Budget and Emergency

10 Deficit Control Act of 1985; and

11 (2) shall be exempt from any general budget lim12 itation imposed by statute on expenditures and net

13 lending (budget outlays) of the United States Govern14 ment.

15 SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

16 AIRPORT AND AIRWAY TRUST FUND.

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

18 States Code, is amended—

19 (1) by redesignating section 47131 as section

20 47132; and

21 (2) by inserting after section 47130 the following

22 new section:

23 ‘‘§ 47131. Safeguards against deficit spending

24 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR25 IZATIONS AND NET AVIATION RECEIPTS.—Not later than
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1 March 31 of each year, the Secretary, in consultation with

2 the Secretary of the Treasury, shall estimate—

3 ‘‘(1) the amount which would (but for this sec4 tion) be the unfunded aviation authorizations at the

5 close of the first fiscal year that begins after that

6 Mach 31, and

7 ‘‘(2) the net aviation receipts at the close of such

8 fiscal year.

9 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

10 AUTHORIZATIONS.—If the Secretary determines for any fis11 cal year that the amount described in subsection (a)(1) ex12 ceeds the amount described in subsection (a)(2), the Sec13 retary shall determine the amount of such excess.

14 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

15 AUTHORIZATIONS EXCEED RECEIPTS.—

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

17 Secretary determines that there is an excess referred

18 to in subsection (b) for a fiscal year, the Secretary

19 shall determine the percentage which—

20 ‘‘(A) such excess, is of

21 ‘‘(B) the total of the amounts authorized to

22 be appropriated from the Airport and Airway

23 Trust Fund for the next fiscal year.

24 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the

25 Secretary determines a percentage under paragraph
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1 (1), each amount authorized to be appropriated from

2 the Airport and Airway Trust Fund for the next fis3 cal year shall be reduced by such percentage.

4 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH5 HELD.—

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

7 after a reduction has been made under subsection

8 (c)(2), the Secretary determines that the amount de9 scribed in subsection (a)(1) does not exceed the

10 amount described in subsection (a)(2) or that the ex11 cess referred to in subsection (b) is less than the

12 amount previously determined, each amount author13 ized to be appropriated that was reduced under sub14 section (c)(2) shall be increased, by an equal percent15 age, to the extent the Secretary determines that it

16 may be so increased without causing the amount de17 scribed in subsection (a)(1) to exceed the amount de18 scribed in subsection (a)(2) (but not by more than the

19 amount of the reduction).

20 ‘‘(2) APPORTIONMENT.—The Secretary shall ap21 portion amounts made available for apportionment

22 by paragraph (1).

23 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap24 portioned under paragraph (2) shall remain available

25 for the period for which they would be available if
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1 such apportionment took effect with the fiscal year in

2 which they are apportioned under paragraph (2).

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 to Congress.

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

7 following definitions apply:

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

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

10 the excess of—

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

12 Airport and Airway Trust Fund during such pe13 riod, over

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

15 such period from the Airport and Airway Trust

16 Fund under section 9502(d) of the Internal Reve17 nue Code of 1986 (other than paragraph (1)

18 thereof).

19 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

20 The term ‘unfunded aviation authorization’ means, at

21 any time, the excess (if any) of—

22 ‘‘(A) the total amount authorized to be ap23 propriated from the Airport and Airway Trust

24 Fund which has not been appropriated, over
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1 ‘‘(B) the amount available in the Airport

2 and Airway Trust Fund at such time to make

3 such appropriation (after all other unliquidated

4 obligations at such time which are payable from

5 the Airport and Airway Trust Fund have been

6 liquidated).’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 chapter 471 of title 49, United States Code, is amended by

9 striking

‘‘47131. Annual report.’’

10 and inserting the following:

‘‘47131. Safeguards against deficit spending.

‘‘47132. Annual report.’’.

11 SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

12 THE INLAND WATERWAYS TRUST FUND AND

13 HARBOR MAINTENANCE TRUST FUND.

14 (a) ESTIMATES OF UNFUNDED INLAND WATERWAYS

15 AUTHORIZATIONS AND NET INLAND WATERWAYS RE16 CEIPTS.—Not later than March 31 of each year, the Sec17 retary of the Army, in consultation with the Secretary of

18 the Treasury, shall estimate—

19 (1) the amount which would (but for this sec20 tion) be the unfunded inland waterways authoriza21 tions and unfunded harbor maintenance authoriza22 tions at the close of the first fiscal year that begins

23 after that March 31; and
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1 (2) the net inland waterways receipts and net

2 harbor maintenance receipts at the close of such fiscal

3 year.

4 (b) PROCEDURE IF EXCESS UNFUNDED INLAND WA5 TERWAYS AUTHORIZATIONS.—If the Secretary of the Army

6 determines with respect to the Inland Waterways Trust

7 Fund or the Harbor Maintenance Trust Fund for any fiscal

8 year that the amount described in subsection (a)(1) exceeds

9 the amount described in subsection (a)(2), the Secretary

10 shall determine the amount of such excess.

11 (c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

12 AUTHORIZATIONS EXCEED RECEIPTS.—

13 (1) DETERMINATION OF PERCENTAGE.—If the

14 Secretary of the Army determines that there is an ex15 cess referred to in subsection (b) for a fiscal year, the

16 Secretary of the Army shall determine the percentage

17 which—

18 (A) such excess, is of

19 (B) the total of the amounts authorized to

20 be appropriated from the Inland Waterways

21 Trust Fund or the Harbor Maintenance Trust

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

23 year.

24 (2) ADJUSTMENT OF AUTHORIZATIONS.—If the

25 Secretary of the Army determines a percentage under
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1 paragraph (1), each amount authorized to be appro2 priated from the Trust Fund for the next fiscal year

3 shall be reduced by such percentage.

4 (d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH5 HELD.—If, after an adjustment has been made under sub6 section (c)(2), the Secretary of the Army determines with

7 respect to the Inland Waterways Trust Fund or the Harbor

8 Maintenance Trust Fund that the amount described in sub9 section (a)(1) does not exceed the amount described in sub10 section (a)(2) or that the excess referred to in subsection

11 (b) with respect to the Trust Fund is less than the amount

12 previously determined, each amount authorized to be appro13 priated that was reduced under subsection (c)(2) with re14 spect to the Trust Fund shall be increased, by an equal per15 centage, to the extent the Secretary of the Army determines

16 that it may be so increased without causing the amount

17 described in subsection (a)(1) to exceed with respect to the

18 Trust Fund the amount described in subsection (a)(2) (but

19 not by more than the amount of the reduction).

20 (e) REPORTS.—Any estimate under subsection (a) and

21 any determination under subsection (b), (c), or (d) shall

22 be reported by the Secretary of the Army to Congress.

23 (f) DEFINITIONS.—For purposes of this section the fol24 lowing definitions apply:
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1 (1) AIRPORT AND AIRWAY TRUST FUND.—The

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

3 Airport and Airway Trust Fund established by sec4 tion 9502 of the Internal Revenue Code of 1986.

5 (2) HARBOR MAINTENANCE TRUST FUND.—The

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

7 Harbor Maintenance Trust Fund established by sec8 tion 9505 of the Internal Revenue Code of 1986.

9 (3) HIGHWAY TRUST FUND.—The term ‘‘High10 way Trust Fund’’ means the Highway Trust Fund es11 tablished by section 9503 of the Internal Revenue

12 Code of 1986.

13 (4) INLAND WATERWAYS TRUST FUND.—The

14 term ‘‘Inland Waterways Trust Fund’’ means the In15 land Waterways Trust Fund established by section

16 9506 of the Internal Revenue Code of 1986.

17 (5) NET HARBOR MAINTENANCE RECEIPTS.—The

18 term ‘‘net harbor maintenance receipts’’ means, with

19 respect to any period, the receipts (including interest)

20 of the Harbor Maintenance Trust Fund during such

21 period.

22 (6) NET INLAND WATERWAYS RECEIPTS.—The

23 term ‘‘net inland waterways receipts’’ means, with re24 spect to any period, the receipts (including interest)
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1 of the Inland Waterways Trust Fund during such pe2 riod.

3 (7) UNFUNDED INLAND WATERWAYS AUTHORIZA4 TIONS.—The term ‘‘unfunded inland waterways au5 thorizations’’ means, at any time, the excess (if any)

6 of—

7 (A) the total amount authorized to be ap8 propriated from the Inland Waterways Trust

9 Fund which has not been appropriated, over

10 (B) the amount available in the Inland Wa11 terways Trust Fund at such time to make such

12 appropriations.

13 (8) UNFUNDED HARBOR MAINTENANCE AUTHOR14 IZATIONS.—The term ‘‘unfunded harbor maintenance

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

16 any) of—

17 (A) the total amount authorized to be ap18 propriated from the Harbor Maintenance Trust

19 Fund which has not been appropriated, over

20 (B) the amount available in the Harbor

21 Maintenance Trust Fund at such time to make

22 such appropriations.
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1 SEC. 5. APPLICABILITY.

2 This Act (including the amendments made by this Act)

3 shall apply to fiscal years beginning after September 30,

4 1995.