[House Report 116-136]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-136
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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FULL UTILIZATION OF THE HARBOR MAINTENANCE TRUST FUND ACT
_______
July 2, 2019.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2440]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2440) to provide for the use of
funds in the Harbor Maintenance Trust Fund for the purposes for
which the funds were collected and to ensure that funds
credited to the Harbor Maintenance Trust Fund are used to
support navigation, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
C O N T E N T S
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Legislative History and Consideration............................ 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 7
Duplication of Federal Programs.................................. 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
Purpose of Legislation
The purpose of H.R. 2440 is to ensure revenues deposited by
shippers into the Harbor Maintenance Trust Fund (HMTF) are
fully used for the Congressionally-intended purpose of
maintaining federally authorized harbors.
Background and Need for Legislation
The Role of Harbors and Harbor Maintenance Needs
According to the Congressional Research Service, oceangoing
vessels carry more merchandise trade (measured in tons) to and
from the United States than all other modes combined (air,
trucks, rail, and pipelines).\1\ This accounts for 80 percent
of the total merchandise trade volume in the Nation. The
dependence of trade on ports and shipping channels makes the
operation and maintenance of these facilities crucial to the
U.S. economy.
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\1\See CRS Report R43222, ``Harbor Maintenance Finance and
Funding,'' John Frittelli, September 12, 2013.
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Congress provided authority to the U.S. Army Corps of
Engineers (Corps) for the construction and maintenance of the
nation's approximately 1,067 Federal harbors and shipping
channels. These ports and harbors are categorized as high use,
moderate, and emerging, and defined by statute (Section 210 of
the Water Resources Development Act of 1986; 33 U.S.C. 2238)
based on how much tonnage is transited through individual
ports.
According to the Corps, navigation channels at our Nation's
59 ``high use'' ports are at their authorized depths less than
35 percent of the time. A ``high use'' port is a port that
handles more than 10 million tons of freight per year. The
conditions of midsize or ``moderate'' harbors (ports that
handle between one million and 10 million tons of cargo) and
``emerging'' harbors (ports that handle one million tons or
less of cargo annually) are far worse. The dredging needs of
our ports will only continue to grow unless more resources are
devoted to maintenance dredging needs. The opening of the
expanded Panama Canal in June 2016 has already increased demand
for larger container ships to call on our Nation's ports.
In 2016, the Corps estimated the total cost to dredge and
maintain authorized widths and depths of all Federal navigation
projects is $20.5 billion over the next decade. This estimate
includes:
$11.5 billion--to achieve authorized
dimensions in the next five years ($2.3 billion
annually); and
$9.0 billion--to maintain authorized
dimensions for an additional five years ($1.8 billion
annually).
Moreover, total navigation needs are likely higher. The
Corps' $20.5 billion estimate includes additional expenses
related to navigation (e.g., construction of dredged material
placement facilities). However, this estimate does not likely
include all necessary jetty and breakwater work\2\ or other
needs identified by ports to maintain and expand harbor use
nationwide.
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\2\See Testimony of Kristin Meira, Executive Director, Pacific
Northwest Waterways Association (PNWA) before the Committee on
Transportation and Infrastructure, Hearing on ``The Cost of Doing
Nothing: Why Investing in our Nation's Infrastructure Cannot Wait,''
February 7, 2019.
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The Harbor Maintenance Tax and Trust Fund
In 1986, Congress enacted the Harbor Maintenance Tax (HMT)
to recover the operation and maintenance dredging costs for
commercial ports from maritime shippers. The HMT is directly
levied on importers and domestic shippers using coastal or
inland ports as a 0.125 percent ad valorem tax on the value of
imported cargo (e.g., $1.25 per $1,000 value)\3\ and is
typically passed along to U.S. taxpayers on the purchase of
imported goods or services. These revenues are deposited into
the HMTF within the U.S. Treasury, from which Congress
currently appropriates funds to the Corps for harbor
maintenance dredging.
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\3\The Harbor Maintenance Tax initially applied to both imported
and exported goods; however, in 1998, the U.S. Supreme Court
unanimously held that imposition of the tax on exported goods was a
violation of the U.S. Constitution. See United States v. U.S. Shoe
Corp., 523 U.S. 360 (1998).
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As noted below in Table 1, the HMTF has collected far more
revenues from shippers than Congress has appropriated to the
Corps to maintain our Nation's harbors. Approximately $9.3
billion in already collected revenues sits unused for its
intended purpose in the U.S. Treasury. As a result, while
shippers continue to pay into the HMTF for promised maintenance
activities, the Federal Government has not carried out many of
them.
TABLE 1: COLLECTIONS TO AND APPROPRIATIONS FROM THE HARBOR MAINTENANCE TRUST FUND (IN BILLIONS)--FISCAL YEARS
2015-20204
----------------------------------------------------------------------------------------------------------------
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
----------------------------------------------------------------------------------------------------------------
HMT Collections5.................. $1.51 $1.38 $1.47 $1.65 $1.78 $1.91
HMT Appropriations6............... $1.05 $1.16 $1.23 $1.34 $1.49 -
Est. EOY Balance in the HMTF...... $8.68 $8.78 $9.10 $9.33 $9.50 -
----------------------------------------------------------------------------------------------------------------
The funds sitting unused in the HMTF would be sufficient to
meet the maintenance dredging needs of all Federally-authorized
ports. The Water Resources Reform and Development Act of 2014
(WRRDA; P.L. 113-121) created discretionary appropriations
targets for expenditures from the Trust Fund, increasing each
year, so that by fiscal year 2025 and beyond, 100 percent of
the funds collected for harbor maintenance purposes go towards
required operation and maintenance activities.
The Committee, on a bipartisan basis, has twice approved
legislation\7\ to fully utilize HMT collections for the
intended purpose of maintenance dredging; yet this provision
has yet to be enacted into law. Enactment of such a provision
honors our Nation's long-term commitment to U.S. shippers and
taxpayers for harbor maintenance dredging, maintains and
improves the competitiveness of U.S. businesses and industry,
and creates and sustains thousands of additional construction
jobs and jobs dependent on a vibrant and efficient marine
transportation system.
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\4\Levels obtained from Budget Message of the President, Appendixes
(fiscal years 2015-2020).
\5\HMT collections reflects the 0.125% HMT and the HMTF's earnings
on investments.
\6\HMT Appropriations reflects the amounts appropriated for the
operations and maintenance costs of U.S. commercial navigation harbors
and the amounts appropriated for the operations and maintenance costs
of the Saint Lawrence Seaway that are operated and maintained by the
Saint Lawrence Seaway Corporation. The number does not include any HMT
appropriations for activities on Mississippi Rivers and Tributaries
projects or construction related activities currently eligible from the
HMT (e.g., construction of dredged material disposal facilities that
are necessary for the operation and maintenance of any harbor or inland
harbor).
\7\Section 108 of H.R. 5303, the Water Resources Development Act of
2016 (As Reported to the House, 114th Congress), and Section 102 of
H.R. 8, the Water Resources Development Act of 2018 (As Reported to the
House, 115th Congress).
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The Full Utilization of the Harbor Maintenance Trust Fund Act
H.R. 2440, introduced by Chairman Peter DeFazio, Ranking
Member Sam Graves, Subcommittee Chairwoman Grace F. Napolitano,
Subcommittee Ranking Member Bruce Westerman, and Representative
Mike Kelly, creates a discretionary cap adjustment for the full
utilization of the HMTF. This change would enable the
investment of approximately $34 billion over the next decade
from the HMTF for the intended purpose of maintaining
Federally-authorized harbors. This will allow the Corps to
dredge all Federal harbors to their constructed widths and
depths.
Hearings
For the purposes of section 103(i) of H. Res. 6, 116th
Cong. (2019)--
(1) The following hearing was used to develop or consider
H.R. 2440:
The Subcommittee on Water Resources and Environment
held a hearing on April 10, 2019, entitled, ``The Cost
of Doing Nothing: Why Full Utilization of the Harbor
Maintenance Trust Fund and Investment in our Nation's
Waterways Matter.'' The Subcommittee received testimony
from Mr. Rick Goche, Commissioner, Port of Bandon,
Oregon; Mr. Eugene Seroka, Executive Director, Port of
Los Angeles, California; and Ms. Bonnie Brady,
Executive Director, Long Island Commercial Fishing
Association, Montauk, New York. Topics discussed
included the key role that ports and harbors play in
our communities and their economies, the fact that the
maintenance dredging needs of many ports and harbors
are routinely underfunded, and the importance of full
utilization of existing collections to the Harbor
Maintenance Trust Fund to addressing these unmet needs.
(2) The following related hearing was held:
The Committee on Transportation and Infrastructure
held a hearing on February 7, 2019, entitled, ``The
Cost of Doing Nothing: Why Investing in our Nation's
Infrastructure Cannot Wait.'' The Committee received
testimony from the following witnesses: The Honorable
Tim Walz, Governor, State of Minnesota; the Honorable
Eric Garcetti, Mayor, City of Los Angeles, California;
the Honorable Ray LaHood, Former Secretary, U.S.
Department of Transportation; Mr. Richard Anderson,
President and Chief Executive Officer (CEO), Amtrak;
the Honorable Eric K. Fanning, President and CEO,
Aerospace Industries Association; Mr. Larry Krauter,
CEO, Spokane (WA) International Airport; Ms. Angela
Lee, Director, Charlotte (NC) Water; Mr. Rich McArdle,
President, UPS Freight; Ms. Kristin Meira, Executive
Director, Pacific Northwest Waterways Association
(PNWA); and Mr. Larry Willis, President, Transportation
Trades Department, AFL-CIO. Topics discussed included
how U.S. ports and harbors are the economic drivers for
local communities, states, regions, and the Nation, and
how seaports support millions of American jobs and
generate billions in annual Federal, state, and local
taxes.
Legislative History and Consideration
H.R. 2440 was introduced in the House on May 1, 2019, by
Mr. DeFazio, Mr. Graves of Missouri, Mrs. Napolitano, Mr.
Westerman, and Mr. Kelly of Pennsylvania, and referred to the
Committee on Transportation and Infrastructure, and in addition
to the Committee on the Budget. Within the Committee, H.R. 2440
was referred to the Subcommittee on Water Resources and
Environment.
On May 8, 2019, the Subcommittee on Water Resources and
Environment was discharged from further consideration of H.R.
2440.
The Full Committee met in open session to consider H.R.
2440 on May 8, 2019, and ordered the measure to be reported
favorably to the House, without amendment, by voice vote, with
a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 2440.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 2440 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for H.R. 2440, the Full Utilization
of the Harbor Maintenance Trust Fund Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2440, FULL UTILIZATION OF THE HARBOR MAINTENANCE TRUST FUND ACT
As ordered reported by the House Committee on Transportation and
Infrastructure on May 8, 2019
------------------------------------------------------------------------
By Fiscal Year, Millions of Dollars--
--------------------------------------
2019 2019-2024 2019-2029
------------------------------------------------------------------------
Direct Spending (Outlays)........ 0 0 0
Revenues......................... 0 0 0
Deficit Effect................... 0 0 0
Spending Subject to Appropriation 0 0 0
(Outlays).......................
------------------------------------------------------------------------
Pay-as-you-go procedures apply? No
Increases on-budget deficits in any of the four consecutive 10-year
periods beginning in 2030? No
Mandate Effects:
Contains intergovernmental mandate? No
Contains private-sector mandate? No
H.R. 2440 would amend the Balanced Budget and Emergency
Deficit Control Act (BBEDCA) to authorize additional
adjustments to the discretionary spending limits established in
that act. Specifically, the bill would require an upward
adjustment to the caps on appropriations by any amount
appropriated from the Harbor Maintenance Trust Fund (HMTF) to
operate and maintain commercial harbors of the United States.
Over the past 10 years, deposits into the HMTF from tax
revenues and interest credited to the fund averaged $1.5
billion each year. Amounts appropriated from the fund averaged
$1 billion each year. Current law authorizes the appropriation
of whatever amounts are necessary from the fund. The HMTF
currently has a $9 billion unappropriated balance.
Most discretionary funding is limited by caps on annual
appropriations originally specified in BBEDCA and modified by
subsequent legislation. Those caps expire at the end of 2021.
Because the caps would be adjusted upward by the amount
appropriated from the HMTF, implementing the bill could lead to
increased spending without reducing spending on other programs.
If, under current law, future appropriation acts adhere to the
existing caps, adjusting those caps could lead to more
discretionary appropriations than would otherwise occur. For
example, if H.R. 2440 were enacted and the Congress
subsequently enacted appropriation bills that otherwise were
equal to the new caps--including appropriations from the HMTF--
then in 2020 and 2021 up to $10 billion more could be
appropriated from the HMTF for that period without exceeding
those caps. But CBO has no basis for predicting the total
budget authority that will be provided in future appropriation
acts.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide for the full utilization of the HMTF for harbor
maintenance dredging.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2440 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 2440 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Sec. 1. Short title
This section provides that this bill may be cited as the
``Full Utilization of the Harbor Maintenance Trust Fund Act.''
Sec. 2. Use of Harbor Maintenance Trust Fund to support navigation
This section amends section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238) to provide a funding
mechanism for authorized expenditures from the Harbor
Maintenance Trust Fund in accordance with the changes to the
Balanced Budget and Emergency Deficit Control Act of 1985 made
by this legislation.
Sec. 3. Annual report to Congress
This section amends section 330 of the Water Resources
Development Act of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851)
to ensure that the annual report to Congress on Harbor
Maintenance Trust Fund Deposits and Expenditures is submitted
concurrently with the President's annual budget request to
Congress.
Sec. 4. Harbor Maintenance Trust Fund discretionary spending limit
adjustment
This section amends section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985 to provide a
discretionary cap adjustment for appropriations from the Harbor
Maintenance Trust Fund up to the total amount in the Fund on
the last day of the fiscal year that is two years prior to that
fiscal year.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
WATER RESOURCES DEVELOPMENT ACT OF 1986
* * * * * * *
TITLE II--HARBOR DEVELOPMENT
* * * * * * *
SEC. 210. [AUTHORIZATION OF APPROPRIATIONS] FUNDING FOR NAVIGATION.
(a) Trust Fund.--There are authorized to be appropriated out
of the Harbor Maintenance Trust Fund, established by section
9505 of the Internal Revenue Code of 1954, for each fiscal year
such sums as may be necessary to pay--
(1) 100 percent of the eligible operations and
maintenance costs of those portions of the Saint
Lawrence Seaway operated and maintained by the Saint
Lawrence Seaway Development Corporation for such fiscal
year; and
(2) up to 100 percent of the eligible operations and
maintenance costs assigned to commercial navigation of
all harbors and inland harbors within the United
States.
(b) General Fund.--There are authorized to be appropriated
out of the general fund of the Treasury of the United States
for each fiscal year such sums as may be necessary to pay the
balance of all eligible operations and maintenance costs not
provided by payments from the Harbor Maintenance Trust Fund
under this section.
(c) Operation and Maintenance of Harbor Projects.--
(1) In general.--To the maximum extent practicable,
the Secretary shall make expenditures to pay for
operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2),
including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland
harbors.
(2) Criteria.--
(A) In general.--In determining an equitable
allocation of funds under paragraph (1), the
Secretary shall--
(i) consider the information obtained
in the assessment conducted under
subsection (e);
(ii) consider the national and
regional significance of harbor
operations and maintenance; and
(iii) as appropriate, consider
national security and military
readiness needs.
(B) Limitation.--The Secretary shall not
allocate funds under paragraph (1) based solely
on the tonnage transiting through a harbor.
(3) Emerging harbor projects.--Notwithstanding any
other provision of this subsection, in making
expenditures under paragraph (1) for each fiscal year,
the Secretary shall allocate for operation and
maintenance costs of emerging harbor projects an amount
that is not less than 10 percent of the funds made
available under this section for fiscal year 2012 to
pay the costs described in subsection (a)(2).
(4) Management of great lakes navigation system.--To
sustain effective and efficient operation and
maintenance of the Great Lakes Navigation System,
including any navigation feature in the Great Lakes
that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage
all of the individually authorized projects in the
Great Lakes Navigation System as components of a
single, comprehensive system, recognizing the
interdependence of the projects.
(d) Prioritization.--
(1) Priority.--
(A) In general.--For each fiscal year, if
priority funds are available, the Secretary
shall use at least 10 percent of such funds for
emerging harbor projects.
(B) Additional considerations.--For each
fiscal year, of the priority funds available,
the Secretary shall use--
(i) not less than 5 percent of such
funds for underserved harbor projects;
and
(ii) not less than 10 percent of such
funds for projects that are located
within the Great Lakes Navigation
System.
(C) Underserved harbors.--In determining
which underserved harbor projects shall receive
funds under this paragraph, the Secretary shall
consider--
(i) the total quantity of commerce
supported by the water body on which
the project is located; and
(ii) the minimum width and depth
that--
(I) would be necessary at the
underserved harbor project to
provide sufficient clearance
for fully loaded commercial
vessels using the underserved
harbor project to maneuver
safely; and
(II) does not exceed the
constructed width and depth of
the authorized navigation
project.
(2) Expanded uses.--
(A) Definition of eligible harbor or inland
harbor defined.--In this paragraph, the term
``eligible harbor or inland harbor'' means a
harbor or inland harbor at which the total
amount of harbor maintenance taxes collected in
the immediately preceding 3 fiscal years
exceeds the value of the work carried out for
the harbor or inland harbor using amounts from
the Harbor Maintenance Trust Fund during those
3 fiscal years.
(B) Use of expanded uses funds.--
(i) Fiscal years 2015 through 2024.--
For each of fiscal years 2015 through
2024, of the priority funds available,
the Secretary shall use not less than
10 percent of such funds for expanded
uses carried out at an eligible harbor
or inland harbor.
(ii) Subsequent fiscal years.--For
fiscal year 2025 and each fiscal year
thereafter, the Secretary shall use not
less than 10 percent of the priority
funds available for expanded uses
carried out at an eligible harbor or
inland harbor.
(C) Prioritization.--In allocating funds
under this paragraph, the Secretary shall give
priority to projects at eligible harbors or
inland harbors for which the difference,
calculated in dollars, is greatest between--
(i) the total amount of funding made
available for projects at that eligible
harbor or inland harbor from the Harbor
Maintenance Trust Fund in the
immediately preceding 3 fiscal years;
and
(ii) the total amount of harbor
maintenance taxes collected at that
harbor or inland harbor in the
immediately preceding 3 fiscal years.
(3) Remaining funds.--
(A) In general.--For each of fiscal years
2015 through 2024, if after fully funding all
projects eligible for funding under paragraphs
(1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain
unobligated, the Secretary shall use those
remaining funds to pay for operation and
maintenance costs of any harbor or inland
harbor referred to in subsection (a)(2) based
on an equitable allocation of those funds among
the harbors and inland harbors.
(B) Criteria.--In determining an equitable
allocation of funds under subparagraph (A), the
Secretary shall--
(i) use the criteria specified in
subsection (c)(2)(A); and
(ii) make amounts available in
accordance with the requirements of
paragraph (1)(A).
(4) Emergency expenditures.--Nothing in this
subsection prohibits the Secretary from making an
expenditure to pay for the operation and maintenance
costs of a specific harbor or inland harbor, including
the transfer of funding from the operation and
maintenance of a separate project, if--
(A) the Secretary determines that the action
is necessary to address the navigation needs of
a harbor or inland harbor where safe navigation
has been severely restricted due to an
unforeseen event; and
(B) the Secretary provides within 90 days of
the action notice and information on the need
for the action to the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives.
(e) Assessment of Harbors and Inland Harbors.--
(1) In general.--Not later than 270 days after the
date of enactment of this subsection, and biennially
thereafter, the Secretary shall assess, and issue a
report to Congress on, the operation and maintenance
needs and uses of the harbors and inland harbors
referred to in subsection (a)(2).
(2) Assessment of harbor needs and activities.--
(A) Total operation and maintenance needs of
harbors.--In carrying out paragraph (1), the
Secretary shall identify--
(i) the total future costs required
to achieve and maintain the constructed
width and depth for the harbors and
inland harbors referred to in
subsection (a)(2); and
(ii) the total expected costs for
expanded uses at eligible harbors or
inland harbors referred to in
subsection (d)(2).
(B) Uses of harbors and inland harbors.--In
carrying out paragraph (1), the Secretary shall
identify current uses (and, to the extent
practicable, assess the national, regional, and
local benefits of such uses) of harbors and
inland harbors referred to in subsection
(a)(2), including the use of those harbors
for--
(i) commercial navigation, including
the movement of goods;
(ii) domestic trade;
(iii) international trade;
(iv) commercial fishing;
(v) subsistence, including use by
Indian tribes (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b)) for subsistence and ceremonial
purposes;
(vi) use as a harbor of refuge;
(vii) transportation of persons;
(viii) purposes relating to domestic
energy production, including the
fabrication, servicing, or supply of
domestic offshore energy production
facilities;
(ix) activities of the Secretary of
the department in which the Coast Guard
is operating;
(x) activities of the Secretary of
the Navy;
(xi) public health and safety related
equipment for responding to coastal and
inland emergencies;
(xii) recreation purposes; and
(xiii) other authorized purposes.
(C) Opportunities for beneficial use of
dredged materials.--In carrying out paragraph
(1), the Secretary shall identify potential
opportunities for the beneficial use of dredged
materials obtained from harbors and inland
harbors referred to in subsection (a)(2),
including projects eligible under section 1122
of the Water Resources Development Act of 2016
(130 Stat. 1645; 33 U.S.C. 2326 note).
(3) Report to congress.--
(A) In general.--For fiscal year 2016, and
biennially thereafter, in conjunction with the
President's annual budget submission to
Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit
to the Committee on Environment and Public
Works and the Committee on Appropriations of
the Senate and the Committee on Transportation
and Infrastructure and the Committee on
Appropriations of the House of Representatives
a report that, with respect to harbors and
inland harbors referred to in subsection
(a)(2)--
(i) identifies the operation and
maintenance costs associated with the
harbors and inland harbors, including
those costs required to achieve and
maintain the constructed width and
depth for the harbors and inland
harbors and the costs for expanded uses
at eligible harbors and inland harbors,
on a project-by-project basis;
(ii) identifies the amount of funding
requested in the President's budget for
the operation and maintenance costs
associated with the harbors and inland
harbors, on a project-by-project basis;
(iii) identifies the unmet operation
and maintenance needs associated with
the harbors and inland harbors, on a
project-by-project basis; and
(iv) identifies the harbors and
inland harbors for which the President
will allocate funding over the
subsequent 5 fiscal years for operation
and maintenance activities, on a
project-by-project basis, including the
amounts to be allocated for such
purposes.
(B) Additional requirement.--In the first
report submitted under subparagraph (A)
following the date of enactment of the Water
Resources Development Act of 2016, the
Secretary shall identify, to the maximum extent
practicable, transportation cost savings
realized by achieving and maintaining the
constructed width and depth for the harbors and
inland harbors referred to in subsection
(a)(2), on a project-by-project basis.
(C) Public availability.--The Secretary shall
make the report submitted under subparagraph
(A) available to the public, including on the
Internet.
(f) Definitions.--In this section:
(1) Constructed width and depth.--The term
``constructed width and depth'' means the width and
depth to which a project has been constructed, which
may not exceed the authorized width and depth of the
project.
(2) Emerging harbor project.--The term ``emerging
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits less than 1,000,000 tons of cargo
annually.
(3) Expanded uses.--The term ``expanded uses'' means
the following activities:
(A) The maintenance dredging of a berth in a
harbor that is accessible to a Federal
navigation project and that benefits commercial
navigation at the harbor.
(B) The maintenance dredging and disposal of
legacy-contaminated sediment, and sediment
unsuitable for open water disposal, if--
(i) such dredging and disposal
benefits commercial navigation at the
harbor; and
(ii) such sediment is located in and
affects the maintenance of a Federal
navigation project or is located in a
berth that is accessible to a Federal
navigation project.
(4) Great lakes navigation system.--The term ``Great
Lakes Navigation System'' includes--
(A)(i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes
referred to in subparagraph (A) used for
commercial navigation;
(C) any navigation features in the lakes
referred to in subparagraph (A) or waters
described in subparagraph (B) that are a
Federal operation or maintenance
responsibility; and
(D) areas of the Saint Lawrence River that
are operated or maintained by the Federal
Government for commercial navigation.
(5) Harbor maintenance tax.--The term ``harbor
maintenance tax'' means the amounts collected under
section 4461 of the Internal Revenue Code of 1986.
(6) High-use harbor project.--The term ``high-use
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits not less than 10,000,000 tons of
cargo annually.
(7) Moderate-use harbor project.--The term
``moderate-use harbor project'' means a project that is
assigned to a harbor or inland harbor referred to in
subsection (a)(2) that transits annually--
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds.--The term ``priority funds''
means the difference between--
(A) the total funds that are made available
under this section to pay the costs described
in subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this
section to pay the costs described in
subsection (a)(2) in fiscal year 2012.
(9) Underserved harbor project.--
(A) In general.--The term ``underserved
harbor project'' means a project that is
assigned to a harbor or inland harbor referred
to in subsection (a)(2)--
(i) that is a moderate-use harbor
project or an emerging harbor project;
(ii) that has been maintained at less
than the constructed width and depth of
the project during each of the
preceding 6 fiscal years; and
(iii) for which State and local
investments in infrastructure have been
made at those projects during the
preceding 6 fiscal years.
(B) Administration.--For purposes of this
paragraph, State and local investments in
infrastructure shall include infrastructure
investments made using amounts made available
for activities under section 105(a)(9) of the
Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)).
(g) Adjustments to Discretionary Spending Limits.--Amounts
made available from the Harbor Maintenance Trust Fund under
this section or section 9505 of the Internal Revenue Code of
1986 shall be made available in accordance with section
251(b)(2)(G) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 1992
* * * * * * *
TITLE III--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 330. HARBOR MAINTENANCE TRUST FUND DEPOSITS AND EXPENDITURES.
(a) Report.--Not later than March 1, 1993, [and annually
thereafter,] and annually thereafter concurrent with the
submission of the President's annual budget request to
Congress, the President shall transmit to the Committee on
[Public Works and Transportation] Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on expenditures from and deposits into the Harbor
Maintenance Trust Fund.
(b) Contents.--
(1) In general.--Each report to be transmitted under
subsection (a) shall contain the following:
(A) A description of expenditures made from
the trust fund in the previous fiscal year on a
project-by-project basis.
(B) A description of deposits made into the
trust fund in the previous fiscal year and the
sources of such deposits.
(C) A 5-year projection of expenditures from
and deposits into the trust fund.
(D) A description of the expected
expenditures from the trust fund to meet the
needs of navigation for the fiscal year of the
budget request.
(2) Previous years information.--In addition to
information required under paragraph (1), the initial
report to be transmitted under subsection (a) shall
contain the information described in subparagraphs (A)
and (B) of paragraph (1) for fiscal years 1987 through
1992.
* * * * * * *
----------
BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985
PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT
* * * * * * *
SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) Enforcement.--
(1) Sequestration.--Within 15 calendar days after
Congress adjourns to end a session there shall be a
sequestration to eliminate a budget-year breach, if
any, within any category.
(2) Eliminating a breach.--Each non-exempt account
within a category shall be reduced by a dollar amount
calculated by multiplying the enacted level of
sequestrable budgetary resources in that account at
that time by the uniform percentage necessary to
eliminate a breach within that category.
(3) Military personnel.--If the President uses the
authority to exempt any personnel account from
sequestration under section 255(f), each account within
subfunctional category 051 (other than those military
personnel accounts for which the authority provided
under section 255(f) has been exercised) shall be
further reduced by a dollar amount calculated by
multiplying the enacted level of non-exempt budgetary
resources in that account at that time by the uniform
percentage necessary to offset the total dollar amount
by which outlays are not reduced in military personnel
accounts by reason of the use of such authority.
(4) Part-year appropriations.--If, on the date
specified in paragraph (1), there is in effect an Act
making or continuing appropriations for part of a
fiscal year for any budget account, then the dollar
sequestration calculated for that account under
paragraphs (2) and (3) shall be subtracted from--
(A) the annualized amount otherwise available
by law in that account under that or a
subsequent part-year appropriation; and
(B) when a full-year appropriation for that
account is enacted, from the amount otherwise
provided by the full-year appropriation for
that account.
(5) Look-back.--If, after June 30, an appropriation
for the fiscal year in progress is enacted that causes
a breach within a category for that year (after taking
into account any sequestration of amounts within that
category), the discretionary spending limits for that
category for the next fiscal year shall be reduced by
the amount or amounts of that breach.
(6) Within-session sequestration.--If an
appropriation for a fiscal year in progress is enacted
(after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach within a category for that year (after
taking into account any prior sequestration of amounts
within that category), 15 days later there shall be a
sequestration to eliminate that breach within that
category following the procedures set forth in
paragraphs (2) through (4).
(7) Estimates.--
(A) CBO estimates.--As soon as practicable
after Congress completes action on any
discretionary appropriation, CBO, after
consultation with the Committees on the Budget
of the House of Representatives and the Senate,
shall provide OMB with an estimate of the
amount of discretionary new budget authority
and outlays for the current year, if any, and
the budget year provided by that legislation.
(B) OMB estimates and explanation of
differences.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall transmit
a report to the House of Representatives and to
the Senate containing both the CBO and OMB
estimates of the amount of discretionary new
budget authority for the current year, if any,
and the budget year provided by that
legislation, and an explanation of any
difference between the 2 estimates. If during
the preparation of the report OMB determines
that there is a significant difference between
OMB and CBO, OMB shall consult with the
Committees on the Budget of the House of
Representatives and the Senate regarding that
difference and that consultation shall include,
to the extent practicable, written
communication to those committees that affords
such committees the opportunity to comment
before the issuance of the report.
(C) Assumptions and guidelines.--OMB
estimates under this paragraph shall be made
using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates
under this paragraph in conformance with
scorekeeping guidelines determined after
consultation among the Committees on the Budget
of the House of Representatives and the Senate,
CBO, and OMB.
(D) Annual appropriations.--For purposes of
this paragraph, amounts provided by annual
appropriations shall include any discretionary
appropriations for the current year, if any,
and the budget year in accounts for which
funding is provided in that legislation that
result from previously enacted legislation.
(b) Adjustments to Discretionary Spending Limits.--
(1) Concepts and definitions.--When the President
submits the budget under section 1105 of title 31,
United States Code, OMB shall calculate and the budget
shall include adjustments to discretionary spending
limits (and those limits as cumulatively adjusted) for
the budget year and each outyear to reflect changes in
concepts and definitions. Such changes shall equal the
baseline levels of new budget authority and outlays
using up-to-date concepts and definitions, minus those
levels using the concepts and definitions in effect
before such changes. Such changes may only be made
after consultation with the Committees on
Appropriations and the Budget of the House of
Representatives and the Senate, and that consultation
shall include written communication to such committees
that affords such committees the opportunity to comment
before official action is taken with respect to such
changes.
(2) Sequestration reports.--When OMB submits a
sequestration report under section 254(e), (f), or (g)
for a fiscal year, OMB shall calculate, and the
sequestration report and subsequent budgets submitted
by the President under section 1105(a) of title 31,
United States Code, shall include adjustments to
discretionary spending limits (and those limits as
adjusted) for the fiscal year and each succeeding year,
as follows:
(A) Emergency appropriations; overseas
contingency operations/global war on
terrorism.--If, for any fiscal year,
appropriations for discretionary accounts are
enacted that--
(i) the Congress designates as
emergency requirements in statute on an
account by account basis and the
President subsequently so designates,
or
(ii) the Congress designates for
Overseas Contingency Operations/Global
War on Terrorism in statute on an
account by account basis and the
President subsequently so designates,
the adjustment shall be the total of such
appropriations in discretionary accounts
designated as emergency requirements or for
Overseas Contingency Operations/Global War on
Terrorism, as applicable.
(B) Continuing disability reviews and
redeterminations.--(i) If a bill or joint
resolution making appropriations for a fiscal
year is enacted that specifies an amount for
continuing disability reviews under titles II
and XVI of the Social Security Act, for the
cost associated with conducting
redeterminations of eligibility under title XVI
of the Social Security Act, for the cost of co-
operative disability investigation units, and
for the cost associated with the prosecution of
fraud in the programs and operations of the
Social Security Administration by Special
Assistant United States Attorneys, then the
adjustments for that fiscal year shall be the
additional new budget authority provided in
that Act for such expenses for that fiscal
year, but shall not exceed--
(I) for fiscal year 2012,
$623,000,000 in additional new budget
authority;
(II) for fiscal year 2013,
$751,000,000 in additional new budget
authority;
(III) for fiscal year 2014,
$924,000,000 in additional new budget
authority;
(IV) for fiscal year 2015,
$1,123,000,000 in additional new budget
authority;
(V) for fiscal year 2016,
$1,166,000,000 in additional new budget
authority;
(VI) for fiscal year 2017,
$1,546,000,000 in additional new budget
authority;
(VII) for fiscal year 2018,
$1,462,000,000 in additional new budget
authority;
(VIII) for fiscal year 2019,
$1,410,000,000 in additional new budget
authority;
(IX) for fiscal year 2020,
$1,309,000,000 in additional new budget
authority; and
(X) for fiscal year 2021,
$1,302,000,000 in additional new budget
authority.
(ii) As used in this subparagraph--
(I) the term ``continuing disability
reviews'' means continuing disability
reviews under sections 221(i) and
1614(a)(4) of the Social Security Act,
including work-related continuing
disability reviews to determine whether
earnings derived from services
demonstrate an individual's ability to
engage in substantial gainful activity;
(II) the term ``redetermination''
means redetermination of eligibility
under sections 1611(c)(1) and
1614(a)(3)(H) of the Social Security
Act; and
(III) the term ``additional new
budget authority'' means the amount
provided for a fiscal year, in excess
of $273,000,000, in an appropriation
Act and specified to pay for the costs
of continuing disability reviews,
redeterminations, co-operative
disability investigation units, and
fraud prosecutions under the heading
``Limitation on Administrative
Expenses'' for the Social Security
Administration.
(C) Health care fraud and abuse control.--(i)
If a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for the health care
fraud abuse control program at the Department
of Health and Human Services (75-8393-0-7-571),
then the adjustments for that fiscal year shall
be the amount of additional new budget
authority provided in that Act for such program
for that fiscal year, but shall not exceed--
(I) for fiscal year 2012,
$270,000,000 in additional new budget
authority;
(II) for fiscal year 2013,
$299,000,000 in additional new budget
authority;
(III) for fiscal year 2014,
$329,000,000 in additional new budget
authority;
(IV) for fiscal year 2015,
$361,000,000 in additional new budget
authority;
(V) for fiscal year 2016,
$395,000,000 in additional new budget
authority;
(VI) for fiscal year 2017,
$414,000,000 in additional new budget
authority;
(VII) for fiscal year 2018,
$434,000,000 in additional new budget
authority;
(VIII) for fiscal year 2019,
$454,000,000 in additional new budget
authority;
(IX) for fiscal year 2020,
$475,000,000 in additional new budget
authority; and
(X) for fiscal year 2021,
$496,000,000 in additional new budget
authority.
(ii) As used in this subparagraph, the term
``additional new budget authority'' means the
amount provided for a fiscal year, in excess of
$311,000,000, in an appropriation Act and
specified to pay for the costs of the health
care fraud and abuse control program.
(D) Disaster funding.--
(i) If, for fiscal years 2012 through
2021, appropriations for discretionary
accounts are enacted that Congress
designates as being for disaster relief
in statute, the adjustment for a fiscal
year shall be the total of such
appropriations for the fiscal year in
discretionary accounts designated as
being for disaster relief, but not to
exceed the total of--
(I) the average over the
previous 10 years (excluding
the highest and lowest years)
of the sum of the funding
provided for disaster relief
(as that term is defined on the
date immediately before the
date of enactment of the
Wildfire Suppression Funding
and Forest Management
Activities Act);
(II) notwithstanding clause
(iv), starting in fiscal year
2018, five percent of the total
appropriations provided after
fiscal year 2011 or in the
previous 10 years, whichever is
less, net of any rescissions of
budget authority enacted in the
same period, with respect to
amounts provided for major
disasters declared pursuant to
the Robert T. Stafford Disaster
Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)
and designated by the Congress
and the President as an
emergency pursuant to
subparagraph (A)(i) of this
paragraph; and
(III) the cumulative net
total of the unused carryover
for fiscal year 2018 and all
subsequent fiscal years, where
the unused carryover for each
fiscal year is calculated as
the sum of the amounts in
subclauses (I) and (II) less
the enacted appropriations for
that fiscal year that have been
designated as being for
disaster relief.
(ii) OMB shall report to the
Committees on Appropriations and Budget
in each House the average calculated
pursuant to clause (i)(II), not later
than 30 days after the date of
enactment of the Wildfire Suppression
Funding and Forest Management
Activities Act.
(iii) For the purposes of this
subparagraph, the term ``disaster
relief'' means activities carried out
pursuant to a determination under
section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)).
(iv) Appropriations considered
disaster relief under this subparagraph
in a fiscal year shall not be eligible
for adjustments under subparagraph (A)
for the fiscal year.
(E) Reemployment services and eligibility
assessments.--
(i) In general.--If a bill or joint
resolution making appropriations for a
fiscal year is enacted that specifies
an amount for grants to States under
section 306 of the Social Security Act,
then the adjustment for that fiscal
year shall be the additional new budget
authority provided in that Act for such
grants for that fiscal year, but shall
not exceed--
(I) for fiscal year 2018, $0;
(II) for fiscal year 2019,
$33,000,000;
(III) for fiscal year 2020,
$58,000,000; and
(IV) for fiscal year 2021,
$83,000,000.
(ii) Definition.--As used in this
subparagraph, the term ``additional new
budget authority'' means the amount
provided for a fiscal year, in excess
of $117,000,000, in an appropriation
Act and specified to pay for grants to
States under section 306 of the Social
Security Act.
(F) Wildfire suppression.--
(i) Additional new budget
authority.--If, for fiscal years 2020
through 2027, a bill or joint
resolution making appropriations for a
fiscal year is enacted that provides an
amount for wildfire suppression
operations in the Wildland Fire
Management accounts at the Department
of Agriculture or the Department of the
Interior, then the adjustments for that
fiscal year shall be the amount of
additional new budget authority
provided in that Act for wildfire
suppression operations for that fiscal
year, but shall not exceed--
(I) for fiscal year 2020,
$2,250,000,000;
(II) for fiscal year 2021,
$2,350,000,000;
(III) for fiscal year 2022,
$2,450,000,000;
(IV) for fiscal year 2023,
$2,550,000,000;
(V) for fiscal year 2024,
$2,650,000,000;
(VI) for fiscal year 2025,
$2,750,000,000;
(VII) for fiscal year 2026,
$2,850,000,000; and
(VIII) for fiscal year 2027,
$2,950,000,000.
(ii) Definitions.--In this
subparagraph:
(I) Additional new budget
authority.--The term
``additional new budget
authority'' means the amount
provided for a fiscal year in
an appropriation Act that is in
excess of the average costs for
wildfire suppression operations
as reported in the budget of
the President submitted under
section 1105(a) of title 31,
United States Code, for fiscal
year 2015 and are specified to
pay for the costs of wildfire
suppression operations in an
amount not to exceed the amount
specified for that fiscal year
in clause (i).
(II) Wildfire suppression
operations.--The term
``wildfire suppression
operations'' means the
emergency and unpredictable
aspects of wildland
firefighting, including--
(aa) support,
response, and emergency
stabilization
activities;
(bb) other emergency
management activities;
and
(cc) the funds
necessary to repay any
transfers needed for
the costs of wildfire
suppression operations.
(G) Harbor maintenance trust fund.--
(i) In general.--If a bill or joint
resolution making appropriations for a
fiscal year is enacted that specifies
an amount for harbor maintenance
activities, then the adjustments for
that fiscal year shall be the total of
such amount in that Act for such
purpose for that fiscal year, but may
not exceed the total amount within the
Harbor Maintenance Trust Fund under
subsection (a) of section 9505 of the
Internal Revenue Code of 1986 on the
last day of the fiscal year that is two
years prior to that fiscal year.
(ii) Limitation.--The adjustment
under clause (i) with respect to an
amount made available for harbor
maintenance activities may only be made
if such amount--
(I) is derived solely from
funds in such Trust Fund; and
(II) is made available for
expenditures described under
subsection (c) of such section
9505.
(c) Discretionary Spending Limit.--As used in this part, the
term ``discretionary spending limit'' means--
(1) for fiscal year 2014--
(A) for the revised security category,
$520,464,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$491,773,000,000 in new budget authority;
(2) for fiscal year 2015--
(A) for the revised security category,
$521,272,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$492,356,000,000 in new budget authority;
(3) for fiscal year 2016--
(A) for the revised security category,
$548,091,000,000 in new budget authority; and
(B) for the revised nonsecurity category
$518,491,000,000 in new budget authority;
(4) for fiscal year 2017--
(A) for the revised security category,
$551,068,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$518,531,000,000 in new budget authority;
(5) for fiscal year 2018--
(A) for the revised security category,
$629,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category
$579,000,000,000 in new budget authority;
(6) for fiscal year 2019--
(A) for the revised security category,
$647,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$597,000,000,000 in new budget authority;
(7) for fiscal year 2020--
(A) for the revised security category,
$630,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
(8) for fiscal year 2021--
(A) for the revised security category,
$644,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;
as adjusted in strict conformance with subsection (b).
* * * * * * *
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