Text: H.R.5315 — 101st Congress (1989-1990)All Information (Except Text)

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HR 5315 IH
101st CONGRESS
2d Session
 H. R. 5315
To provide off-budget treatment for the Highway Trust Fund and the Airport
and Airway Trust Fund, if such treatment is provided for the Social Security
Trust Fund.
IN THE HOUSE OF REPRESENTATIVES
July 19, 1990
Mr. ANDERSON (for himself, Mr. MINETA, Mr. BORSKI, and Mr. WISE) introduced
the following bill; which was referred jointly to the Committees on Public
Works and Transportation, Government Operations, and Rules
A BILL
To provide off-budget treatment for the Highway Trust Fund and the Airport
and Airway Trust Fund, if such treatment is provided for the Social Security
Trust Fund.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. FINDINGS.
  Congress finds that--
  (1) social and economic security are the cornerstones of a stronger and
  more productive United States;
  (2) the Highway Trust Fund and the Airport and Airway Trust Fund are
  self-supporting as amounts in such funds are derived through fees paid by
  users of the Nation's transportation systems;
  (3) on-budget treatment of the Highway Trust Fund and the Airport and
  Airway Trust Fund--
  (A) deceives the public by using surpluses in such funds to understate
  the real budget deficit;
  (B) undermines the integrity of the budget process by understating shortfalls
  in general revenues;
  (C) damages needed highway, transit, and aviation programs; and
  (D) fosters inefficiency and waste as limitations force down obligations
  from such funds;
  (4) failure to provide off-budget treatment for the Highway Trust Fund and
  the Airport and Airway Trust Fund impairs the Nation's economic productivity
  and growth and ignores the Nation's infrastructure needs;
  (5) during budget negotiations for fiscal year 1991, serious consideration
  may be given to providing off-budget treatment for the Social Security
  Trust Fund and other user-fee financed trust funds of the United States;
  (6) arguments to provide off-budget treatment for the Social Security Trust
  Fund apply equally to providing such treatment for the Highway Trust Fund
  and the Airport and Airway Trust Fund because each of the funds is similar
  in concept; and
  (7) if off-budget treatment is provided for the Social Security Trust Fund,
  such treatment should also be provided for the the Highway Trust Fund and
  the Airport and Airway Trust Fund.
SEC. 2. EFFECTIVE DATE.
  This Act (including the amendments made by this Act) shall take effect
  on the effective date of any provision of law which provides off-budget
  treatment for the Social Security Trust Fund.
SEC. 3. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND AND AIRPORT AND AIRWAY
TRUST FUND.
  (a) TREATMENT OF TRUST FUND OPERATIONS-
  (1) IN GENERAL- The receipts and disbursements of the Highway Trust Fund and
  the Airport and Airway Trust Fund allocable to the transportation-related
  operations of each such Trust Fund--
  (A) shall not be included in the totals of--
  (i) the budget of the United States Government as submitted by the
  President, or
  (ii) the congressional budget (including allocations of budget authority
  and outlays provided therein), and
  (B) shall be exempt from any general budget limitation imposed by statute
  on expenditures and net lending (budget outlays) of the United States
  Government.
  (2) TRANSPORTATION-RELATED OPERATIONS DEFINED- For purposes of paragraph
  (1), the receipts and disbursements allocable to the transportation-related
  operations--
  (A) of the Highway Trust Fund are the disbursements, and the receipts
  allocable to such disbursements, under--
  (i) paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986
  (relating to expenditures from the Highway Trust Fund for the Federal-aid
  highway program); and
  (ii) paragraph (3) of section 9503(e) of such Code (relating to expenditures
  from the Mass Transit Account); and
  (B) of the Airport and Airway Trust Fund are the disbursements, and the
  receipts allocable to such disbursements, under paragraph (1) of section
  9502(d) of the Internal Revenue Code of 1986 (relating to expenditures
  from the Airport and Airway Trust Fund for the airport and airway program).
  (b) ADJUSTMENTS OF AUTHORIZATIONS AND APPROPRIATIONS OUT OF TRUST FUND-
  The Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2201-2227)
  is amended by adding at the end the following new section:
`SEC. 535. ADJUSTMENTS OF AUTHORIZATIONS AND APPORTIONMENTS.
  `(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--
  `(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 the
  Committee on Ways and Means of the House of Representatives, the Committee
  on Finance of the Senate, the Committee on Public Works and Transportation
  of the House of Representatives, and the Committee on Commerce, Science,
  and Transportation of the Senate.'.
  (c) CONFORMING AMENDMENTS AND LIMITATIONS TO THE BUDGET PROCESS-
  (1) EXEMPTION FROM SEQUESTRATION ORDER- Section 255(g)(1)(A) of the Balanced
  Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A))
  is amended--
  (A) by inserting after the 2nd undesignated paragraph (relating to activities
  resulting from private donations) the following new undesignated paragraph:
  `Airport and Airway Trust Fund (69-8106-0-7-402; 69-8107-0-7-402;
  69-8108-0-7-402; 69-8104-0-7-402);'; and
  (B) by inserting after the 24th undesignated paragraph (relating to higher
  education facilities) the following new undesignated paragraph:
  `Highway Trust Fund (20-8102-0-7-401; 69-8019-0-7-401; 69-8020-0-7-401;
  69-8099-0-7-401);'.
  (2) TREATMENT OF TRUST FUND RECEIPTS FOR DEFICIT CALCULATION PURPOSES-
  Section 3(6) of the Congressional Budget and Impoundment Control Act of 1974
  is amended by adding after the second sentence the following new sentences:
  `In calculating the deficit for purposes of comparison with the maximum
  deficit amount under the Balanced Budget and Emergency Deficit Control Act
  of 1985 and in calculating the excess deficit for purposes of sections
  251 and 252 of such Act of 1985 (notwithstanding section 501(a) of the
  Surface Transportation and Uniform Relocation Assistance Act of 1986)
  for any fiscal year, the receipts of the Highway Trust Fund (including
  the Mass Transit Account) and the Airport and Airway Trust Fund allocable
  to the transportation-related operations of each such Trust Fund for such
  fiscal year shall not be included in total revenues for such fiscal year,
  and the disbursements allocable to the transportation-related operations
  of each such Trust Fund for such fiscal year shall not be included in total
  budget outlays for such fiscal year. For purposes of the preceding sentence,
  the receipts and disbursements allocable to the transportation-related
  operations of such Trust Funds are the disbursements, and the receipts
  allocable to such disbursements, described in section 501(b) of Surface
  Transportation and Uniform Relocation Assistance Act of 1986 and paragraph
  (1) of section 9502(d) of the Internal Revenue Code of 1986 (relating to
  expenditures from the Airport and Airway Trust Fund for the airport and
  airway program).'.
  (3) LIMITATIONS ON CONGRESSIONAL BUDGET PROCESS- Section 310 of the
  Congressional Budget and Impoundment Control Act of 1974 is amended by
  adding at the end the following new subsection:
  `(h) LIMITATION ON CHANGES TO THE HIGHWAY TRUST FUND AND THE AIRPORT AND
  AIRWAY TRUST FUND- Notwithstanding any other provision of law, it shall
  not be in order in the Senate or the House of Representatives to consider--
  `(1) any concurrent resolution on the budget for any fiscal year,
  or any amendment thereto or conference report thereon, that assumes or
  contains in the aggregate totals or functional categories provided for by
  section 301(a) any amount of transportation-related budget authority or
  transportation-related budget outlays from the Highway Trust Fund or the
  Airport and Airway Trust Fund;
  `(2) any concurrent resolution on the budget for any fiscal year, or any
  amendment thereto or conference report thereon, that contains reconciliation
  instructions with respect to transportation-related operations of the
  Highway Trust Fund or the Airport and Airway Trust Fund; or
  `(3) any reconciliation bill or reconciliation resolution reported pursuant
  to a concurrent resolution on the budget agreed to under section 301 or
  304, or a resolution pursuant to section 254(b) of the Balanced Budget
  and Emergency Deficit Control Act of 1985, or any amendment thereto or
  conference report thereon, that contains recommendations with respect to
  transportation-related operations of the Highway Trust Fund or the Airport
  and Airway Trust Fund.'.
  (4) CONFORMING ENFORCEMENT PROCEDURES- Sections 301(c), 302(f), 303(a),
  311(a), and 402 of the Congressional Budget and Impoundment Control Act
  of 1974 shall not apply to any bill, resolution, or amendment (including
  a conference report thereon) which provides budget authority, contract
  authority, or budget outlays from the Highway Trust Fund or the Airport
  and Airway Trust Fund.