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

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

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.
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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 The receipts and disbursements of the Highway

11 Trust Fund, the Airport and Airway Trust Fund, the In12 land Waterways Trust Fund, and the Harbor Mainte13 nance Trust Fund—

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

15 (A) the budget of the United States Gov16 ernment as submitted by the President, or

17 (B) the congressional budget (including al18 locations of budget authority and outlays pro19 vided therein), and

20 (2) shall be exempt from any general budget

21 limitation imposed by statute on expenditures and

22 net lending (budget outlays) of the United States

23 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 47129

5 the following new section:

6 ‘‘§ 47130. 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 next fiscal year, and

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

15 period beginning at the close of such fiscal year.

16 ‘‘(b) PROCEDURE WHERE THERE IS EXCESS UN17 FUNDED AVIATION AUTHORIZATIONS.—If the Secretary

18 determines for any fiscal year that the amount described

19 in subsection (a)(1) exceeds the amount described in sub20 section (a)(2), the Secretary shall determine the amount

21 of such excess.

22 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS WHERE UN23 FUNDED AUTHORIZATIONS EXCEED 2 YEARS RE24 CEIPTS.—

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

26 Secretary determines that there is an excess referred
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1 to in subsection (b), the Secretary shall determine

2 the percentage which—

3 ‘‘(A) such excess, is of

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

5 to be appropriated and the amounts available

6 for obligation from the Airport and Airway

7 Trust Fund for the next fiscal year.

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

9 the Secretary determines a percentage under para10 graph (1), each amount authorized to be appro11 priated or available for obligation from the Airport

12 and Airway Trust Fund for the next fiscal year shall

13 be reduced by such percentage.

14 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH15 HELD.—

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

17 after an adjustment has been made under subsection

18 (c)(2), the Secretary determines that the amount de19 scribed in subsection (a)(1) does not exceed the

20 amount described in subsection (a)(2) or that the ex21 cess referred to in subsection (b) is less than the

22 amount previously determined, each amount author23 ized to be appropriated or available for obligation

24 that was reduced under subsection (c)(2) shall be in25 creased, by an equal percentage, to the extent the
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1 Secretary determines that it may be so increased

2 without causing the amount described in subsection

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

4 (a)(2) (but not by more than the amount of the re5 duction).

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

7 apportion amounts made available for apportionment

8 by reason of paragraph (1).

9 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap10 portioned pursuant to paragraph (2) shall remain

11 available for the period for which they would be

12 available if such apportionment took effect with the

13 fiscal year in which they are apportioned pursuant

14 to paragraph (2).

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

16 following definitions apply:

17 ‘‘(1) UNFUNDED AVIATION AUTHORIZATIONS.—

18 The term ‘unfunded aviation authorization’ means,

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

20 ‘‘(A) the total amount authorized to be ap21 propriated or available for obligation from the

22 Airport and Airway Trust Fund which has not

23 been appropriated or obligated, over

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

25 and Airway Trust Fund at such time to make
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1 such appropriation or to liquidate such obliga2 tions (after all other unliquidated obligations at

3 such time which are payable from the Airport

4 and Airway Trust Fund have been liquidated).

5 ‘‘(2) NET AVIATION RECEIPTS.—The term ‘net

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

7 the excess of—

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

9 Airport and Airway Trust Fund during such

10 period, over

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

12 such period from the Airport and Airway Trust

13 Fund under section 9502(d) of the Internal

14 Revenue Code of 1986 (other than paragraph

15 (1) thereof).

16 ‘‘(f) REPORTS.—Any estimate under subsection (a)

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

18 shall be reported by the Secretary to Congress.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

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

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

‘‘47130. Safeguards against deficit spending.’’.
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1 SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF

2 THE INLAND WATERWAYS TRUST FUND AND

3 HARBOR MAINTENANCE TRUST FUND.

4 (a) ESTIMATES OF UNFUNDED INLAND WATERWAYS

5 AUTHORIZATIONS AND NET INLAND WATERWAYS RE6 CEIPTS.—Not later than March 31 of each year, the Sec7 retary of the Army, in consultation with the Secretary of

8 the Treasury, shall estimate—

9 (1) the amount which would (but for this sec10 tion) be the unfunded inland waterways authoriza11 tions and unfunded harbor maintenance authoriza12 tions at the close of the next fiscal year; and

13 (2) the net inland waterways receipts and net

14 harbor maintenance receipts at the close of the next

15 fiscal year.

16 (b) PROCEDURE WHERE THERE IS EXCESS UN17 FUNDED INLAND WATERWAYS AUTHORIZATIONS.—If the

18 Secretary of the Army determines with respect to the In19 land Waterways Trust Fund or the Harbor Maintenance

20 Trust Fund for any fiscal year that the amount described

21 in subsection (a)(1) exceeds the amount described in sub22 section (a)(2), the Secretary shall determine the amount

23 of such excess.

24 (c) ADJUSTMENT OF AUTHORIZATIONS WHERE UN25 FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
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1 (1) DETERMINATION OF PERCENTAGE.—If the

2 Secretary of the Army determines that there is an

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

4 the Army shall determine the percentage which—

5 (A) such excess, is of

6 (B) the total of the amounts authorized to

7 be appropriated and the amounts available for

8 obligation from the Inland Waterways Trust

9 Fund or the Harbor Maintenance Trust Fund,

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

11 (2) ADJUSTMENT OF AUTHORIZATIONS.—If the

12 Secretary of the Army determines a percentage

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

14 appropriated or available for obligation from the

15 Trust Fund for the next fiscal year shall be reduced

16 by such percentage.

17 (d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH18 HELD.—If, after an adjustment has been made under sub19 section (c)(2), the Secretary of the Army determines with

20 respect to the Inland Waterways Trust Fund or the Har21 bor Maintenance Trust Fund that the amount described

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

23 in subsection (a)(2) or that the excess referred to in sub24 section (b) with respect to the Trust Fund is less than

25 the amount previously determined, each amount author-
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1 ized to be appropriated or available for obligation that was

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

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

4 extent the Secretary of the Army determines that it may

5 be so increased without causing the amount described in

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

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

8 more than the amount of the reduction).

9 (e) DEFINITIONS.—For purposes of this section the

10 following definitions apply:

11 (1) UNFUNDED INLAND WATERWAYS AUTHOR12 IZATIONS.—The term ‘‘unfunded inland waterways

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

14 any) of—

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

17 Inland Waterways Trust Fund which has not

18 been appropriated or obligated, over

19 (B) the amount available in the Inland

20 Waterways Trust Fund at such time to make

21 such appropriations.

22 (2) NET INLAND WATERWAYS RECEIPTS.—The

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

24 respect to any period, the receipts (including inter-
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1 est) of the Inland Waterways Trust Fund during

2 such period.

3 (3) UNFUNDED HARBOR MAINTENANCE AU4 THORIZATIONS.—The term ‘‘unfunded harbor main5 tenance authorizations’’ means, at any time, the ex6 cess (if any) of—

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

9 Harbor Maintenance Trust Fund which has not

10 been appropriated or obligated, over

11 (B) the amount available in the Harbor

12 Maintenance Trust Fund at such time to make

13 such appropriations.

14 (4) NET HARBOR MAINTENANCE RECEIPTS.—

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

16 with respect to any period, the receipts (including in17 terest) of the Harbor Maintenance Trust Fund dur18 ing such period.

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

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

21 shall be reported by the Secretary of the Army to Con22 gress.
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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, 1995.

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