HR 111 IH

To provide off-budget treatment for the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund.

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 provisions as fall within the jurisdiction of the committee concerned

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 Representatives 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 receipts 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 authority, outlays, receipts, or deficit or surplus for purposes of--

(A) the budget of the United States Government as submitted by the President,

(B) the congressional budget (including allocations of budget authority and outlays provided 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 AIRPORT AND AIRWAY TRUST FUND.

(a) IN GENERAL- Chapter 471 of title 49, United States Code, is amended by inserting after section 47134 the following new section:

`Sec. 47135. Safeguards against deficit spending

`(a) ESTIMATES OF UNFUNDED AVIATION AUTHORIZATIONS AND NET AVIATION RECEIPTS- Not later than March 31 of each year, the Secretary, in consultation with the Secretary of the Treasury, shall estimate--

`(1) the amount which would (but for this section) be the unfunded aviation authorizations at the close of the first fiscal year that begins after that March 31, and

`(2) the net aviation receipts at the close of such fiscal year.

`(b) PROCEDURE IF EXCESS UNFUNDED AVIATION AUTHORIZATIONS- If the Secretary determines 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 Unfunded Authorizations Exceed Receipts-

`(1) DETERMINATION OF PERCENTAGE- If the Secretary determines that there is an excess referred 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 paragraph (1), each amount authorized to be appropriated from the Airport and Airway Trust Fund for

the next fiscal year shall be reduced by such percentage.

`(d) Availability of Amounts Previously Withheld-

`(1) ADJUSTMENT OF AUTHORIZATIONS- If, after a reduction has been made under subsection (c)(2), the Secretary determines 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 subsection (b) is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) shall be increased, by an equal percentage, 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 apportioned 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 appropriated 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 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 section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations 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 fiscal 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 Unfunded 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 percentage 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 WITHHELD- If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor 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 subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized 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 causing 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 Congress.

(f) DEFINITIONS- For purposes of this Act, the following definitions apply:

(1) AIRPORT AND AIRWAY TRUST FUND- The term `Airport and Airway Trust Fund' means the Airport and Airway Trust Fund established by section 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 section 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 interest) of the Harbor Maintenance Trust Fund during such period.

(5) NET INLAND WATERWAYS RECEIPTS- The term `net inland waterways receipts' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period.

(6) UNFUNDED INLAND WATERWAYS AUTHORIZATIONS- The term `unfunded inland waterways authorizations' means, at any time, the excess (if any) of--

(A) the total amount authorized to be appropriated 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 AUTHORIZATIONS- The term `unfunded harbor maintenance authorizations' means, at any time, the excess (if any) of--

(A) the total amount authorized to be appropriated 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.

END