117 HR 4042 RH: Aviation Funding Stability Act of 2021
U.S. House of Representatives
2022-12-23
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Union Calendar No. 484
117th CONGRESS
2d Session
H. R. 4042
[Report No. 117–665, Part I]
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
December 23, 2022
Additional sponsors: Mr. Lamb, Mrs. Demings, Mr. Young, Mr. Lynch, Ms. Norton, Mr. Neguse, Ms. Brownley, Ms. Titus, Mr. Nadler, Mr. O'Halleran, Mr. Rodney Davis of Illinois, Mr. Pascrell, Mr. Khanna, Ms. Barragán, Mr. Huffman, Mr. Morelle, Mr. Blumenauer, Ms. DelBene, Mr. Kilmer, Mr. Burgess, Mr. Perlmutter, Mr. Langevin, Ms. Wild, Mr. Cohen, Mr. Crow, Mr. Schneider, Mr. Krishnamoorthi, Mr. Norman, Mr. Aguilar, Mr. Pallone, Mr. Levin of California, Mr. Bacon, Ms. Kuster, Mr. Kildee, Mrs. Torres of California, Mr. Bost, Mr. Garamendi, Mr. Smith of New Jersey, Miss Rice of New York, Mr. Soto, Ms. Williams of Georgia, Mr. Gottheimer, Ms. Scanlon, Mrs. Fletcher, Miss González-Colón, Mr. Payne, Mr. Costa, Mr. Connolly, Mr. Swalwell, Mr. Ruppersberger, Ms. Underwood, Mr. Brown of Maryland, Mr. Cleaver, Ms. Salazar, Mr. Timmons, Mrs. Napolitano, Mrs. Carolyn B. Maloney of New York, Mr. Sherman, Mr. Budd, Mr. Gomez, Mr. Posey, Ms. Matsui, Ms. Garcia of Texas, Mr. Sean Patrick Maloney of New York, Ms. Ross, Mr. Garbarino, Ms. Herrera Beutler, Ms. Porter, Mr. Raskin, Mr. Allred, Mr. Van Drew, Mr. Michael F. Doyle of Pennsylvania, Mr. Harris, Ms. Stansbury, Mr. Foster, Mrs. Luria, Mr. Hudson, Mr. Carter of Georgia, Mr. Kinzinger, Mr. Veasey, Mr. Kustoff, Mr. Kim of New Jersey, Mr. Carson, Mr. LaMalfa, Mr. Fulcher, and Mr. Katko
December 23, 2022
Reported from the Committee on Transportation and Infrastructure
December 23, 2022
Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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.
1.

Short title
This Act may be cited as the “Aviation Funding Stability Act of 2021”.
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.
December 23, 2022
Reported from the Committee on Transportation and Infrastructure
December 23, 2022
Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed