SHELBY AMENDMENTS NOS. 2252-2253 -- (Senate - October 05, 1999)

[Page: S12009]
---

(Ordered to lie on the table.)

Mr. SHELBY submitted 2 amendments intended to be proposed by him to the bill S. 82, supra; as follows:

Amendment No. 2252

At the appropriate place insert the following:

SEC. __. AVIATION DISCRETIONARY SPENDING GUARANTEE.

Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--

(1) in paragraph (5)--

(A) in subparagraph (B), by striking ``and'' at the end;

(B) in subparagraph (C), by adding ``and'' after the semicolon; and

``(D) for the aviation category, an outlay amount equal to the limitation on obligations for the airport improvement program and the amounts authorized for operations, research, and facilities, and equipment in the Air Transportation Improvement Act for fiscal year 2001;''; and

(2) in paragraph (6)--

(A) in subparagraph (B), by striking ``and'' at the end;

(B) by adding at the end the following:

At the appropriate place, insert:

SEC. 1. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND.

Notwithstanding any other provision of law, the receipts and disbursements of the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986--

(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

(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. 2. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY TRUST FUND.

(a) IN GENERAL.--Subhcapter I of chapter 471 is further amended by adding at the end the following:

``§47138. Safeguards against deficit spending

``(a) ESTIMATES OF UNFUNDED AVIATION AUTHORIZATIONS AND NET AVIATION RECEIPTS.--Not later than March 31 of each year, the Secretary of Transportation, 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 to be credited to the Airport and Airway Trust Fund during the fiscal year.

``(b) PROCEDURES IF EXCESS UNFUNDED AVIATION AUTHORIZATIONS.--If the Secretary of Transportation determines for any fiscal year that the amount described on 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

[Page: S12010]

``(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 subchapter I of chapter 471 is further amended by adding at the end the following:

``47138. Safeguards against deficit spending.''

SEC. 3. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS

When the President submits the budget under section 1105(a) of title 31, United States Code, for fiscal year 2001, the Director of the Office of Management and Budget shall, pursuant to section 251(b)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, calculate and the budget shall include appropriate reductions to the discretionary spending limits for each of fiscal years 2001 and 2002 set forth in section 251(c)(5)(A) and section 251(c)(6)(A) of that Act (as adjusted under section 251 of that Act) to reflect the discretionary baseline trust fund spending (without any adjustment for inflation) for the Federal Aviation Administration that is subject to section 902 of this Act for each of those two fiscal years.

SEC. 4. APPLICABILITY.

This title (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2000.

END