[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4042 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4042

 To provide for funding from the Airport and Airway Trust Fund for all 
Federal Aviation Administration activities for a certain period in the 
        event of a Government shutdown, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2021

 Mr. DeFazio (for himself, Mr. Larsen of Washington, Mr. Fitzpatrick, 
and Mr. Gibbs) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for funding from the Airport and Airway Trust Fund for all 
Federal Aviation Administration activities for a certain period in the 
        event of a Government shutdown, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Funding Stability Act of 
2021''.

SEC. 2. FUNDING FOR THE FEDERAL AVIATION ADMINISTRATION IN THE EVENT OF 
              A LAPSE IN APPROPRIATION.

    (a) In General.--If, with respect to the Federal Aviation 
Administration, an appropriation measure for a fiscal year is not 
enacted before the beginning of such fiscal year or a joint resolution 
making continuing appropriations is not in effect, amounts in the 
Airport and Airway Trust Fund not otherwise appropriated shall be 
available to the Administrator for continuing programs, projects, or 
activities (including the costs of direct loans and loan guarantees) 
that were conducted with amounts made available for the Federal 
Aviation Administration, including for the accounts ``Federal Aviation 
Administration--Operations'', ``Federal Aviation Administration--
Facilities and Equipment'', ``Federal Aviation Administration--
Research, Engineering, and Development'', and ``Federal Aviation 
Administration--Grants-in-Aid for Airports'' in the preceding fiscal 
year--
            (1) in the corresponding appropriation Act for such 
        preceding fiscal year; or
            (2) if the corresponding appropriation bill for such 
        preceding fiscal year did not become law, then in a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year.
    (b) Rate for Operations.--Appropriations and funds made available, 
and authority granted, for a program, project, or activity for any 
fiscal year pursuant to this section shall be at a rate for operations 
not greater than--
            (1) the rate for operations provided for in the regular 
        appropriation Act providing for such program, project, or 
        activity for the preceding fiscal year; or
            (2) in the absence of such an Act, the rate for operations 
        provided for such program, project, or activity pursuant to a 
        joint resolution making continuing appropriations for such 
        preceding fiscal year.
    (c) Availability.--Appropriations and funds made available, and 
authority granted, for any fiscal year pursuant to this section for a 
program, project, or activity shall be available for the period 
beginning with the first day of a lapse in appropriations and ending 
with the earlier of--
            (1) the date on which--
                    (A) the applicable regular appropriation bill for 
                such fiscal year becomes law (whether or not such law 
                provides for such program, project, or activity); or
                    (B) a joint resolution making continuing 
                appropriations becomes law; or
            (2) the date that is 30 days after the first day of a lapse 
        in appropriations.
    (d) Terms and Conditions.--An appropriation or funds made 
available, or authority granted, for a program, project, or activity 
for any fiscal year pursuant to this section shall be subject to the 
terms and conditions imposed with respect to the appropriation made or 
funds made available for the preceding fiscal year, or authority 
granted for such program, project, or activity under applicable law on 
the first day of the applicable lapse in appropriations.
    (e) End of Fiscal Year.--If this section is in effect at the end of 
a fiscal year, funding levels shall continue as provided in this 
section for the next fiscal year.
    (f) Expenditures and Obligations.--Expenditures and obligations 
made for a program, project, or activity for any fiscal year pursuant 
to this section shall be charged to the applicable appropriation, fund, 
or authorization whenever a regular appropriation bill or a joint 
resolution making continuing appropriations until the end of a fiscal 
year providing for such program, project, or activity for such period 
becomes law.
    (g) Expenditure Authority.--Section 9502(d)(1)(A) of the Internal 
Revenue Code of 1986 is amended by striking the semicolon at the end 
and inserting ``or the Aviation Funding Stability Act of 2021;''.
    (h) Termination.--This section shall not apply to a program, 
project, or activity during any portion of a fiscal year if any other 
provision of law (other than an authorization of appropriations)--
            (1) makes an appropriation, makes funds available, or 
        grants authority for such program, project, or activity to 
        continue for such period; or
            (2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall 
        be granted for such program, project, or activity to continue 
        for such period.
                                 <all>