I
106TH CONGRESS
1ST SESSION
H. R. 111
To provide off-budget treatment for the Airport and Airway Trust Fund,
the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. DUNCAN, Mr. BOEHLERT,
Mr. LIPINSKI, and Mr. BORSKI) introduced the following bill; which was
referred 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 provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide off-budget treatment for the Airport and Airway
Trust Fund, the Inland Waterways Trust Fund, and
the Harbor Maintenance Trust Fund.
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 ‘‘Truth in Budgeting
Act’’.
SEC. 2. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY
TRUST FUND, INLAND WATERWAYS TRUST
FUND, AND HARBOR MAINTENANCE TRUST
FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of the Airport and Airway Trust
Fund, the Inland Waterways Trust Fund, and 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), or
(C) the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) shall be exempt from any general budget
limitation imposed by statute on expenditures and
net lending (budget outlays) of the United States
Government.
to in subsection (b) for a fiscal year, the Secretary
shall determine the percentage which—
‘‘(A) such excess, is of
‘‘(B) the total of the amounts authorized
to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year.
‘‘(2) ADJUSTMENT
OF
AUTHORIZATIONS.—If
the Secretary determines a percentage under para-
graph (1), each amount authorized to be appro-
priated from the Airport and Airway Trust Fund for
the next fiscal year shall be reduced by such percent-
age.
‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—
‘‘(1) ADJUSTMENT
OF
AUTHORIZATIONS.—If,
after a reduction has been made under subsection
(c)(2), the Secretary determines that the amount de-
scribed in subsection (a)(1) does not exceed the
amount described in subsection (a)(2) or that the ex-
cess referred to in subsection (b) is less than the
amount previously determined, each amount author-
ized to be appropriated that was reduced under sub-
section (c)(2) shall be increased, by an equal per-
centage, to the extent the Secretary determines that
it may be so increased without causing the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than
the amount of the reduction).
‘‘(2) APPORTIONMENT.—The Secretary shall
apportion amounts made available for apportionment
by paragraph (1).
‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap-
portioned under paragraph (2) shall remain available
for the period for which they would be available if
such apportionment took effect with the fiscal year
in which they are apportioned under paragraph (2).
‘‘(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary to Congress.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) NET AVIATION RECEIPTS.—The term ‘net
aviation receipts’ means, with respect to any period,
the excess of—
‘‘(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such
period, over
‘‘(B) the amounts to be transferred during
such period from the Airport and Airway Trust
Fund under section 9502(d) of the Internal
Revenue Code of 1986 (other than paragraph
(1) thereof).
‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—
The term ‘unfunded aviation authorization’ means,
at any time, the excess (if any) of—
‘‘(A) the total amount authorized to be ap-
propriated from the Airport and Airway Trust
Fund which has not been appropriated, over
‘‘(B) the amount available in the Airport
and Airway Trust Fund at such time to make
such appropriation (after all other unliquidated
obligations at such time which are payable from
the Airport and Airway Trust Fund have been
liquidated).’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 471 of title 49, United States Code, is amended
by inserting after the item relating to section 47134 the
following:
‘‘47135. Safeguards against deficit spending.’’.
SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF
THE INLAND WATERWAYS TRUST FUND AND
HARBOR MAINTENANCE TRUST FUND.
(a) ESTIMATES OF UNFUNDED INLAND WATERWAYS
AUTHORIZATIONS AND NET INLAND WATERWAYS RE-
CEIPTS.—Not later than March 31 of each year, the Sec-
retary of the Army, in consultation with the Secretary of
the Treasury, shall estimate—
(1) the amount which would (but for this sec-
tion) be the unfunded inland waterways authoriza-
tions and unfunded harbor maintenance authoriza-
tions at the close of the first fiscal year that begins
after that March 31; and
(2) the net inland waterways receipts and net
harbor maintenance receipts at the close of such fis-
cal year.
(b) PROCEDURE
IF EXCESS UNFUNDED INLAND
WATERWAYS AUTHORIZATIONS.—If the Secretary of the
Army determines with respect to the Inland Waterways
Trust Fund or the Harbor Maintenance Trust Fund for
any fiscal year that the amount described in subsection
(a)(1) exceeds the amount described in subsection (a)(2),
the Secretary shall determine the amount of such excess.
(c) ADJUSTMENT
OF
AUTHORIZATIONS
IF
UN-
FUNDED AUTHORIZATIONS EXCEED RECEIPTS.—
(1) DETERMINATION OF PERCENTAGE.—If the
Secretary of the Army determines that there is an
excess referred to in subsection (b) for a fiscal year,
the Secretary of the Army shall determine the per-
centage which—
(A) such excess, is of
(B) the total of the amounts authorized to
be appropriated from the Inland Waterways
Trust Fund or the Harbor Maintenance Trust
Fund, as the case may be, for the next fiscal
year.
(2) ADJUSTMENT OF AUTHORIZATIONS.—If the
Secretary of the Army determines a percentage
under paragraph (1), each amount authorized to be
appropriated from the Trust Fund for the next fiscal
year shall be reduced by such percentage.
(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH-
HELD.—If, after an adjustment has been made under sub-
section (c)(2), the Secretary of the Army determines with
respect to the Inland Waterways Trust Fund or the Har-
bor Maintenance Trust Fund that the amount described
in subsection (a)(1) does not exceed the amount described
in subsection (a)(2) or that the excess referred to in sub-
section (b) with respect to the Trust Fund is less than
the amount previously determined, each amount author-
ized to be appropriated that was reduced under subsection
(c)(2) with respect to the Trust Fund shall be increased,
by an equal percentage, to the extent the Secretary of the
Army determines that it may be so increased without caus-
ing the amount described in subsection (a)(1) to exceed
with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of
the reduction).
(e) REPORTS.—Any estimate under subsection (a)
and any determination under subsection (b), (c), or (d)
shall be reported by the Secretary of the Army to Con-
gress.
(f) DEFINITIONS.—For purposes of this Act, the fol-
lowing definitions apply:
(1) AIRPORT AND AIRWAY TRUST FUND.—The
term ‘‘Airport and Airway Trust Fund’’ means the
Airport and Airway Trust Fund established by sec-
tion 9502 of the Internal Revenue Code of 1986.
(2) HARBOR MAINTENANCE TRUST FUND.—The
term ‘‘Harbor Maintenance Trust Fund’’ means the
Harbor Maintenance Trust Fund established by sec-
tion 9505 of the Internal Revenue Code of 1986.
(3) INLAND
WATERWAYS
TRUST
FUND.—The
term ‘‘Inland Waterways Trust Fund’’ means the
Inland Waterways Trust Fund established by section
9506 of the Internal Revenue Code of 1986.
(4) NET HARBOR MAINTENANCE RECEIPTS.—
The term ‘‘net harbor maintenance receipts’’ means,
with respect to any period, the receipts (including in-
terest) of the Harbor Maintenance Trust Fund dur-
ing such period.
(5) NET INLAND WATERWAYS RECEIPTS.—The
term ‘‘net inland waterways receipts’’ means, with
respect to any period, the receipts (including inter-
est) of the Inland Waterways Trust Fund during
such period.
(6) UNFUNDED INLAND WATERWAYS AUTHOR-
IZATIONS.—The term ‘‘unfunded inland waterways
authorizations’’ means, at any time, the excess (if
any) of—
(A) the total amount authorized to be ap-
propriated from the Inland Waterways Trust
Fund which has not been appropriated, over
(B) the amount available in the Inland
Waterways Trust Fund at such time to make
such appropriations.
(7) UNFUNDED
HARBOR
MAINTENANCE
AU-
THORIZATIONS.—The term ‘‘unfunded harbor main-
tenance authorizations’’ means, at any time, the ex-
cess (if any) of—
(A) the total amount authorized to be ap-
propriated from the Harbor Maintenance Trust
Fund which has not been appropriated, over
(B) the amount available in the Harbor
Maintenance Trust Fund at such time to make
such appropriations.
SEC. 5. APPLICABILITY.
This Act (including the amendments made by this
Act) shall apply to fiscal years beginning after September
30, 1999.
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