[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 842 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 842

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 1995

   Mr. Shuster (for himself, Mr. Mineta, Mr. Petri, Mr. Rahall, Mr. 
  Duncan, 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 Committees on the Budget 
 and Government Reform and Oversight, 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

_______________________________________________________________________

                                 A BILL


 
To provide off-budget treatment for the Highway Trust Fund, 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 HIGHWAY TRUST FUND, AIRPORT AND AIRWAY 
              TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR 
              MAINTENANCE TRUST FUND.

    The receipts and disbursements of the Highway Trust Fund, the 
Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the 
Harbor Maintenance Trust Fund--
            (1) shall not be included in the totals of--
                    (A) the budget of the United States Government as 
                submitted by the President, or
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein), 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 47129 the following new section:
``Sec. 47130. 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 next 
        fiscal year, and
            ``(2) the net aviation receipts for the 24-month period 
        beginning at the close of such fiscal year.
    ``(b) Procedure Where There Is 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 Where Unfunded Authorizations 
Exceed 2 Years Receipts.--
            ``(1) Determination of percentage.--If the Secretary 
        determines that there is an excess referred to in subsection 
        (b), the Secretary shall determine the percentage which--
                    ``(A) such excess, is of
                    ``(B) the total of the amounts authorized to be 
                appropriated and the amounts available for obligation 
                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 or available for obligation 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 an 
        adjustment 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 or available for obligation 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 reason of paragraph (1).
            ``(3) Period of availability.--Any funds apportioned 
        pursuant to 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 
        pursuant to paragraph (2).
    ``(e) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) 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 or available for obligation from the 
                Airport and Airway Trust Fund which has not been 
                appropriated or obligated, over
                    ``(B) the amount available in the Airport and 
                Airway Trust Fund at such time to make such 
                appropriation or to liquidate such obligations (after 
                all other unliquidated obligations at such time which 
                are payable from the Airport and Airway Trust Fund have 
                been liquidated).
            ``(2) 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).
    ``(f) Reports.--Any estimate under subsection (a) and any 
determination under subsection (b), (c), or (d) shall be reported by 
the Secretary to Congress.''.
    (b) Conforming Amendment.--The analysis for chapter 471 of title 
49, United States Code, is amended by adding at the end of subchapter I 
the following:

``47130. 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 next fiscal 
        year; and
            (2) the net inland waterways receipts and net harbor 
        maintenance receipts at the close of the next fiscal year.
    (b) Procedure Where There is 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 Where 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), 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 and the amounts available for obligation 
                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 or available for obligation 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 or available for obligation 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) Definitions.--For purposes of this section the following 
definitions apply:
            (1) 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 
                or available for obligation from the Inland Waterways 
                Trust Fund which has not been appropriated or 
                obligated, over
                    (B) the amount available in the Inland Waterways 
                Trust Fund at such time to make such appropriations.
            (2) 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.
            (3) 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 
                or available for obligation from the Harbor Maintenance 
                Trust Fund which has not been appropriated or 
                obligated, over
                    (B) the amount available in the Harbor Maintenance 
                Trust Fund at such time to make such appropriations.
            (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.
    (f) 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.

SEC. 5. APPLICABILITY.

    This Act (including the amendments made by this Act) shall apply to 
fiscal years beginning after September 30, 1995.
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