I

104TH CONGRESS

1ST SESSION H. R. 842

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

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’’.
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1 SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST

2 FUND, AIRPORT AND AIRWAY TRUST FUND,

3 INLAND WATERWAYS TRUST FUND, AND HAR4 BOR MAINTENANCE TRUST FUND.

5 The receipts and disbursements of the Highway

6 Trust Fund, the Airport and Airway Trust Fund, the In7 land Waterways Trust Fund, and the Harbor Mainte8 nance Trust Fund—

9 (1) shall not be included in the totals of—

10 (A) the budget of the United States Gov11 ernment as submitted by the President, or

12 (B) the congressional budget (including al13 locations of budget authority and outlays pro14 vided therein), and

15 (2) shall be exempt from any general budget

16 limitation imposed by statute on expenditures and

17 net lending (budget outlays) of the United States

18 Government.

19 SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

20 AIRPORT AND AIRWAY TRUST FUND.

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

22 States Code, is amended by inserting after section 47129

23 the following new section:

24 ‘‘§ 47130. Safeguards against deficit spending

25 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR26 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 next fiscal year, and

6 ‘‘(2) the net aviation receipts for the 24-month

7 period beginning at the close of such fiscal year.

8 ‘‘(b) PROCEDURE WHERE THERE IS EXCESS UN9 FUNDED AVIATION AUTHORIZATIONS.—If the Secretary

10 determines for any fiscal year that the amount described

11 in subsection (a)(1) exceeds the amount described in sub12 section (a)(2), the Secretary shall determine the amount

13 of such excess.

14 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS WHERE UN15 FUNDED AUTHORIZATIONS EXCEED 2 YEARS RE16 CEIPTS.—

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

18 Secretary determines that there is an excess referred

19 to in subsection (b), the Secretary shall determine

20 the percentage which—

21 ‘‘(A) such excess, is of

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

23 to be appropriated and the amounts available

24 for obligation from the Airport and Airway

25 Trust Fund for the next fiscal year.
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1 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If

2 the Secretary determines a percentage under para3 graph (1), each amount authorized to be appro4 priated or available for obligation from the Airport

5 and Airway Trust Fund for the next fiscal year shall

6 be reduced by such percentage.

7 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH8 HELD.—

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

10 after an adjustment has been made under subsection

11 (c)(2), the Secretary determines that the amount de12 scribed in subsection (a)(1) does not exceed the

13 amount described in subsection (a)(2) or that the ex14 cess referred to in subsection (b) is less than the

15 amount previously determined, each amount author16 ized to be appropriated or available for obligation

17 that was reduced under subsection (c)(2) shall be in18 creased, by an equal percentage, to the extent the

19 Secretary determines that it may be so increased

20 without causing the amount described in subsection

21 (a)(1) to exceed the amount described in subsection

22 (a)(2) (but not by more than the amount of the re23 duction).
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1 ‘‘(2) APPORTIONMENT.—The Secretary shall

2 apportion amounts made available for apportionment

3 by reason of paragraph (1).

4 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap5 portioned pursuant to paragraph (2) shall remain

6 available for the period for which they would be

7 available if such apportionment took effect with the

8 fiscal year in which they are apportioned pursuant

9 to paragraph (2).

10 ‘‘(e) DEFINITIONS.—For purposes of this section, the

11 following definitions apply:

12 ‘‘(1) UNFUNDED AVIATION AUTHORIZATIONS.—

13 The term ‘unfunded aviation authorization’ means,

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

15 ‘‘(A) the total amount authorized to be ap16 propriated or available for obligation from the

17 Airport and Airway Trust Fund which has not

18 been appropriated or obligated, over

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

20 and Airway Trust Fund at such time to make

21 such appropriation or to liquidate such obliga22 tions (after all other unliquidated obligations at

23 such time which are payable from the Airport

24 and Airway Trust Fund have been liquidated).
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1 ‘‘(2) NET AVIATION RECEIPTS.—The term ‘net

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

3 the excess of—

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

5 Airport and Airway Trust Fund during such

6 period, over

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

8 such period from the Airport and Airway Trust

9 Fund under section 9502(d) of the Internal

10 Revenue Code of 1986 (other than paragraph

11 (1) thereof).

12 ‘‘(f) 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 (b) CONFORMING AMENDMENT.—The analysis for

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

17 by adding at the end of subchapter I the following:

‘‘47130. Safeguards against deficit spending.’’.

18 SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

19 THE INLAND WATERWAYS TRUST FUND AND

20 HARBOR MAINTENANCE TRUST FUND.

21 (a) ESTIMATES OF UNFUNDED INLAND WATERWAYS

22 AUTHORIZATIONS AND NET INLAND WATERWAYS RE23 CEIPTS.—Not later than March 31 of each year, the Sec24 retary of the Army, in consultation with the Secretary of

25 the Treasury, shall estimate—
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1 (1) the amount which would (but for this sec2 tion) be the unfunded inland waterways authoriza3 tions and unfunded harbor maintenance authoriza4 tions at the close of the next fiscal year; and

5 (2) the net inland waterways receipts and net

6 harbor maintenance receipts at the close of the next

7 fiscal year.

8 (b) PROCEDURE WHERE THERE IS EXCESS UN9 FUNDED INLAND WATERWAYS AUTHORIZATIONS.—If the

10 Secretary of the Army determines with respect to the In11 land Waterways Trust Fund or the Harbor Maintenance

12 Trust Fund for any fiscal year that the amount described

13 in subsection (a)(1) exceeds the amount described in sub14 section (a)(2), the Secretary shall determine the amount

15 of such excess.

16 (c) ADJUSTMENT OF AUTHORIZATIONS WHERE UN17 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—

18 (1) DETERMINATION OF PERCENTAGE.—If the

19 Secretary of the Army determines that there is an

20 excess referred to in subsection (b), the Secretary of

21 the Army shall determine the percentage which—

22 (A) such excess, is of

23 (B) the total of the amounts authorized to

24 be appropriated and the amounts available for

25 obligation from the Inland Waterways Trust
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1 Fund or the Harbor Maintenance Trust Fund,

2 as the case may be, for the next fiscal year.

3 (2) ADJUSTMENT OF AUTHORIZATIONS.—If the

4 Secretary of the Army determines a percentage

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

6 appropriated or available for obligation from the

7 Trust Fund for the next fiscal year shall be reduced

8 by such percentage.

9 (d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH10 HELD.—If, after an adjustment has been made under sub11 section (c)(2), the Secretary of the Army determines with

12 respect to the Inland Waterways Trust Fund or the Har13 bor Maintenance Trust Fund that the amount described

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

15 in subsection (a)(2) or that the excess referred to in sub16 section (b) with respect to the Trust Fund is less than

17 the amount previously determined, each amount author18 ized to be appropriated or available for obligation that was

19 reduced under subsection (c)(2) with respect to the Trust

20 Fund shall be increased, by an equal percentage, to the

21 extent the Secretary of the Army determines that it may

22 be so increased without causing the amount described in

23 subsection (a)(1) to exceed with respect to the Trust Fund

24 the amount described in subsection (a)(2) (but not by

25 more than the amount of the reduction).
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1 (e) DEFINITIONS.—For purposes of this section the

2 following definitions apply:

3 (1) UNFUNDED INLAND WATERWAYS AUTHOR4 IZATIONS.—The term ‘‘unfunded inland waterways

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

6 any) of—

7 (A) the total amount authorized to be ap8 propriated or available for obligation from the

9 Inland Waterways Trust Fund which has not

10 been appropriated or obligated, over

11 (B) the amount available in the Inland

12 Waterways Trust Fund at such time to make

13 such appropriations.

14 (2) NET INLAND WATERWAYS RECEIPTS.—The

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

16 respect to any period, the receipts (including inter17 est) of the Inland Waterways Trust Fund during

18 such period.

19 (3) UNFUNDED HARBOR MAINTENANCE AU20 THORIZATIONS.—The term ‘‘unfunded harbor main21 tenance authorizations’’ means, at any time, the ex22 cess (if any) of—

23 (A) the total amount authorized to be ap24 propriated or available for obligation from the
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1 Harbor Maintenance Trust Fund which has not

2 been appropriated or obligated, over

3 (B) the amount available in the Harbor

4 Maintenance Trust Fund at such time to make

5 such appropriations.

6 (4) NET HARBOR MAINTENANCE RECEIPTS.—

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

8 with respect to any period, the receipts (including in9 terest) of the Harbor Maintenance Trust Fund dur10 ing such period.

11 (f) REPORTS.—Any estimate under subsection (a)

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

13 shall be reported by the Secretary of the Army to Con14 gress.

15 SEC. 5. APPLICABILITY.

16 This Act (including the amendments made by this

17 Act) shall apply to fiscal years beginning after September

18 30, 1995.

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