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116th Congress    }                                  {   Rept. 116-136
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                  {          Part 1

======================================================================



 
       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.
---------------------------------------------------------------------------
    \1\See CRS Report R43222, ``Harbor Maintenance Finance and 
Funding,'' John Frittelli, September 12, 2013.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

     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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                                  [all]