Aviation Funding Stability Act of 2021

IB Union Calendar No. 484 117TH CONGRESS 2D SESSION H. R. 4042 [Report No. 117–665, Part I] 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 deter- mined 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. BARRAGA´N, Mr. HUFFMAN, Mr. MORELLE, Mr. BLU- MENAUER, Ms. DELBENE, Mr. KILMER, Mr. BURGESS, Mr. PERL- MUTTER, 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. KIL- DEE, 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 GONZA´LEZ-COLO´N, Mr. PAYNE, Mr. COSTA, Mr. CONNOLLY, Mr. SWALWELL, Mr. RUPPERSBERGER, Ms. UNDERWOOD, Mr. BROWN of Maryland, Mr. CLEAVER, Ms. SALAZAR, Mr. TIMMONS, Mrs. NAPOLI- TANO, 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. VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4042 RH 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 shut- down, and for other purposes. VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4042 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Aviation Funding Sta- 4 bility Act of 2021’’. 5 SEC. 2. FUNDING FOR THE FEDERAL AVIATION ADMINIS- 6 TRATION IN THE EVENT OF A LAPSE IN AP- 7 PROPRIATION. 8 (a) IN GENERAL.—If, with respect to the Federal 9 Aviation Administration, an appropriation measure for a 10 fiscal year is not enacted before the beginning of such fis- 11 cal year or a joint resolution making continuing appropria- 12 tions is not in effect, amounts in the Airport and Airway 13 Trust Fund not otherwise appropriated shall be available 14 to the Administrator for continuing programs, projects, or 15 activities (including the costs of direct loans and loan 16 guarantees) that were conducted with amounts made 17 available for the Federal Aviation Administration, includ- 18 ing for the accounts ‘‘Federal Aviation Administration— 19 Operations’’, ‘‘Federal Aviation Administration—Facili- 20 ties and Equipment’’, ‘‘Federal Aviation Administration— 21 Research, Engineering, and Development’’, and ‘‘Federal 22 Aviation Administration—Grants-in-Aid for Airports’’ in 23 the preceding fiscal year— 24 VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4042 RH (1) in the corresponding appropriation Act for 1 such preceding fiscal year; or 2 (2) if the corresponding appropriation bill for 3 such preceding fiscal year did not become law, then 4 in a joint resolution making continuing appropria- 5 tions for such preceding fiscal year. 6 (b) RATE FOR OPERATIONS.—Appropriations and 7 funds made available, and authority granted, for a pro- 8 gram, project, or activity for any fiscal year pursuant to 9 this section shall be at a rate for operations not greater 10 than— 11 (1) the rate for operations provided for in the 12 regular appropriation Act providing for such pro- 13 gram, project, or activity for the preceding fiscal 14 year; or 15 (2) in the absence of such an Act, the rate for 16 operations provided for such program, project, or ac- 17 tivity pursuant to a joint resolution making con- 18 tinuing appropriations for such preceding fiscal year. 19 (c) AVAILABILITY.—Appropriations and funds made 20 available, and authority granted, for any fiscal year pursu- 21 ant to this section for a program, project, or activity shall 22 be available for the period beginning with the first day 23 of a lapse in appropriations and ending with the earlier 24 of— 25 VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4042 RH (1) the date on which— 1 (A) the applicable regular appropriation 2 bill for such fiscal year becomes law (whether or 3 not such law provides for such program, 4 project, or activity); or 5 (B) a joint resolution making continuing 6 appropriations becomes law; or 7 (2) the date that is 30 days after the first day 8 of a lapse in appropriations. 9 (d) TERMS AND CONDITIONS.—An appropriation or 10 funds made available, or authority granted, for a program, 11 project, or activity for any fiscal year pursuant to this sec- 12 tion shall be subject to the terms and conditions imposed 13 with respect to the appropriation made or funds made 14 available for the preceding fiscal year, or authority grant- 15 ed for such program, project, or activity under applicable 16 law on the first day of the applicable lapse in appropria- 17 tions. 18 (e) END OF FISCAL YEAR.—If this section is in effect 19 at the end of a fiscal year, funding levels shall continue 20 as provided in this section for the next fiscal year. 21 (f) EXPENDITURES AND OBLIGATIONS.—Expendi- 22 tures and obligations made for a program, project, or ac- 23 tivity for any fiscal year pursuant to this section shall be 24 charged to the applicable appropriation, fund, or author- 25 VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4042 RH ization whenever a regular appropriation bill or a joint res- 1 olution making continuing appropriations until the end of 2 a fiscal year providing for such program, project, or activ- 3 ity for such period becomes law. 4 (g) EXPENDITURE AUTHORITY.—Section 5 9502(d)(1)(A) of the Internal Revenue Code of 1986 is 6 amended by striking the semicolon at the end and insert- 7 ing ‘‘or the Aviation Funding Stability Act of 2021;’’. 8 (h) TERMINATION.—This section shall not apply to 9 a program, project, or activity during any portion of a fis- 10 cal year if any other provision of law (other than an au- 11 thorization of appropriations)— 12 (1) makes an appropriation, makes funds avail- 13 able, or grants authority for such program, project, 14 or activity to continue for such period; or 15 (2) specifically provides that no appropriation 16 shall be made, no funds shall be made available, or 17 no authority shall be granted for such program, 18 project, or activity to continue for such period. 19 VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 484 117TH CONGRESS 2D SESSION H. R. 4042 [Report No. 117–665, Part I] A BILL To provide for funding from the Airport and Air- way Trust Fund for all Federal Aviation Admin- istration activities for a certain period in the event of a Government shutdown, and for other purposes. 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 VerDate Sep 11 2014 15:58 Dec 27, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H4042.RH H4042 pamtmann on DSKBC07HB2PROD with BILLS