Clause 3 of Rule XXI
§1064. Highway funding.
3. It shall not be in order to consider a general appropriation bill or joint resolution, or conference report thereon, that—
(a) provides spending authority derived from receipts deposited in the Highway Trust Fund (excluding any transfers from the General Fund of the Treasury); or
(b) reduces or otherwise limits the accruing balances of the Highway Trust Fund,
for any purpose other than for those activities authorized for the highway or mass transit categories.
House Rules and Manual Notes
§1064a. Funding for aviation programs.
This clause was rewritten entirely in the 112th Congress (sec. 2(d)(4), H. Res. 5, Jan. 5, 2011, p. 80). For its predecessor, which enforced specified minimum levels of surface transportation obligation limitations, see § 1064 of the House Rules and Manual for the 111th Congress (H. Doc. 110–162).
Section 48114 of title 49 (a provision first added by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (sec. 106, P.L. 106–181), extended to 2007 by its reenactment in title 49 (sec. 104, P.L. 108–176), and extended to 2015 by the FAA Modernization and Reform Act of 2012 (sec. 104, P.L. 112–95)) provides a point of order to enforce guarantees of total budget resources in a fiscal year for certain aviation investment programs as follows:
SEC. 48114. FUNDING FOR AVIATION PROGRAMS.
(a) Authorization of Appropriations.—
(1) Airport and Airway Trust Fund Guarantee.—
(A) In General.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal year pursuant to sections 48101, 48102, 48103, and 106(k) shall—
(i) in fiscal year 2013, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and
(ii) in fiscal year 2014 and each fiscal year thereafter, be equal to the sum of—
(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and
(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.
(B) Guarantee.—No funds may be appropriated or limited for aviation investment programs listed in subsection (b)(1) unless the amount described in subparagraph (A) has been provided.
(2) Additional Authorization of Appropriations From the General Fund.—In any fiscal year through fiscal year 2015, if the amount described in paragraph (1) is appropriated, there is further authorized to be appropriated from the general fund of the Treasury such sums as may be necessary for the Federal Aviation Administration Operations account.
(b) Definitions.—In this section, the following definitions apply:
(1) Total Budget Resources.—The term ‘‘total budget resources’’ means the total amount made available from the Airport and Airway Trust Fund for the sum of obligation limitations and budget author- ity made available for a fiscal year for the following budget accounts that are subject to the obligation limitation on contract authority provided in this title and for which appropriations are provided pursuant to authorizations contained in this title:
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of Operations).
(2) Estimated Level of Receipts Plus Interest.—The term ‘‘estimated level of receipts plus interest’’ means the level of excise taxes and interest credited to the Airport and Airway Trust Fund under section 9502 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Con- trol Act of 1985 (Public Law 99–177) (Treasury identification code 20–8103–0–7–402) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code.
(c) Enforcement of Guarantees.—
(1) Total Airport and Airway Trust Fund Funding.—It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for aviation investment programs described in subsection (b) to be less than the amount required by subsection (a)(1)(A) for such fiscal year.
(2) Capital Priority.—It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides an appropriation (or any amendment thereto) for any fiscal year through fiscal year 2015 for Research and Development or Operations if the sum of the obligation limitation for Grants-in-Aid for Airports and the appropriation for Facilities and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities and Equipment for such fiscal year.
The chairs of the Committee on Rules and the Committee on Transportation and Infrastructure inserted in the Record correspondence concerning points of order established in this section (Mar. 15, 2000, p. 2805).
[BCR § 371.03]