I
106TH CONGRESS
2D SESSION
H. R. 3566
To provide off-budget treatment for the Inland Waterways Trust Fund and
the Harbor Maintenance Trust Fund.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2000
Mr. SHUSTER (for himself, 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 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 juris-
diction of the committee concerned
A BILL
To provide off-budget treatment for 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 INLAND WATERWAYS
TRUST FUND AND HARBOR MAINTENANCE
TRUST FUND.
Notwithstanding any other provision of law, the re-
ceipts and disbursements of 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.
SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF
THE INLAND WATERWAYS TRUST FUND AND
HARBOR MAINTENANCE TRUST FUND.
(a) ESTIMATES
OF UNFUNDED AUTHORIZATIONS
AND NET RECEIPTS.—Not later than March 31 of each
year, the Secretary 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 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 sub-
section (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.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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, 2000.
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