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 with-
in 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Investing In America: 
Unlocking the Harbor Maintenance Trust Fund Act’’. 
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‘‘(1) without further appropriation, an amount 
equivalent to the taxes received in the Treasury 
under section 4461 for the previous fiscal year, as 
determined by the Secretary of the Treasury; and 
‘‘(2) such additional amounts as provided by 
appropriations Acts.’’. 
(c) ESTIMATE OF HARBOR MAINTENANCE NEEDS.— 
Section 1537(2) of MAP–21 (33 U.S.C. 2238a(2)) is 
amended by striking ‘‘amount of appropriations’’ and in-
serting ‘‘expenditures’’. 
SEC. 3. BUDGETARY TREATMENT OF HARBOR MAINTE-
NANCE TRUST FUND. 
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Harbor Maintenance 
Trust Fund— 
(1) shall not be counted as new budget author-
ity, outlays, receipts, or deficit or surplus for pur-
poses of— 
(A) the budget of the United States Gov-
ernment as submitted by the President; 
(B) the congressional budget (including al-
locations of budget authority and outlays pro-
vided therein); 
(C) the Balanced Budget and Emergency 
Deficit Control Act of 1985; or 
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(D) the Statutory Pay-As-You-Go Act of 
2010; 
(2) shall be exempt from any general budget 
limitation imposed by statute on expenditures and 
net lending (budget outlays) of the United States 
Government; and 
(3) shall be available only for the purposes 
specified in section 9505 of the Internal Revenue 
Code of 1986. 
SEC. 4. ANNUAL REPORT TO CONGRESS. 
Section 330 of the Water Resources Development Act 
of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘and annually thereafter,’’ 
and inserting ‘‘and annually thereafter concur-
rent with the submission of the President’s an-
nual budget request to Congress,’’; and 
(B) by striking ‘‘Public Works and Trans-
portation’’ and inserting ‘‘Transportation and 
Infrastructure’’; and 
(2) in subsection (b)(1) by adding at the end 
the following: 
‘‘(D) A description of the expected expend-
itures from the trust fund to meet the needs of 
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navigation for the fiscal year of the budget re-
quest.’’. 
SEC. 5. HARBOR MAINTENANCE TRUST FUND DEFINED. 
In this Act, the term ‘‘Harbor Maintenance Trust 
Fund’’ means the Harbor Maintenance Trust Fund estab-
lished by section 9505 of the Internal Revenue Code of 
1986. 
SEC. 6. APPLICABILITY. 
This Act (including the amendments made by this 
Act) shall apply to fiscal years beginning after September 
30, 2017. 
Æ 
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