Aviation Funding Stability Act of 2019

II 116TH CONGRESS 1ST SESSION S. 762 To provide for funding from the Airport and Airway Trust Fund for all Federal Aviation Administration activities in the event of a Government shutdown, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 12, 2019 Mr. MORAN introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for funding from the Airport and Airway Trust Fund for all Federal Aviation Administration activities in the event of a Government shutdown, and for other purposes. 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 2019’’. 5 VerDate Sep 11 2014 23:07 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S762.IS S762 pbinns on DSK79D2C42PROD with BILLS 2 •S 762 IS SEC. 2. FUNDING FOR THE FEDERAL AVIATION ADMINIS- 1 TRATION IN THE EVENT OF A LAPSE IN AP- 2 PROPRIATION. 3 (a) IN GENERAL.—If, with respect to the Federal 4 Aviation Administration, an appropriation measure for a 5 fiscal year is not enacted before the beginning of such fis- 6 cal year or a joint resolution making continuing appropria- 7 tions is not in effect, amounts in the Airport and Airway 8 Trust Fund not otherwise appropriated shall be available 9 to the Administrator for continuing programs, projects, or 10 activities (including the costs of direct loans and loan 11 guarantees) that were conducted with amounts made 12 available for the Federal Aviation Administration, includ- 13 ing for the accounts ‘‘Federal Aviation Administration— 14 Operations’’, ‘‘Federal Aviation Administration—Facili- 15 ties and Equipment’’, ‘‘Federal Aviation Administration— 16 Research, Engineering, and Development’’, and ‘‘Federal 17 Aviation Administration—Grants-in-Aid for Airports’’ in 18 the preceding fiscal year— 19 (1) in the corresponding appropriation Act for 20 such preceding fiscal year; or 21 (2) if the corresponding appropriation bill for 22 such preceding fiscal year did not become law, then 23 in a joint resolution making continuing appropria- 24 tions for such preceding fiscal year. 25 VerDate Sep 11 2014 23:07 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S762.IS S762 pbinns on DSK79D2C42PROD with BILLS 3 •S 762 IS (b) RATE FOR OPERATIONS.—Appropriations and 1 funds made available, and authority granted, for a pro- 2 gram, project, or activity for any fiscal year pursuant to 3 this section shall be at a rate for operations not greater 4 than— 5 (1) the rate for operations provided for in the 6 regular appropriation Act providing for such pro- 7 gram, project, or activity for the preceding fiscal 8 year; or 9 (2) in the absence of such an Act, the rate for 10 operations provided for such program, project, or ac- 11 tivity pursuant to a joint resolution making con- 12 tinuing appropriations for such preceding fiscal year. 13 (c) AVAILABILITY.—Appropriations and funds made 14 available, and authority granted, for any fiscal year pursu- 15 ant to this section for a program, project, or activity shall 16 be available for the period beginning with the first day 17 of a lapse in appropriations and ending with the date on 18 which the applicable regular appropriation bill for such fis- 19 cal year becomes law (whether or not such law provides 20 for such program, project, or activity) or a joint resolution 21 making continuing appropriations becomes law, as the 22 case may be. 23 (d) TERMS AND CONDITIONS.—An appropriation or 24 funds made available, or authority granted, for a program, 25 VerDate Sep 11 2014 23:07 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S762.IS S762 pbinns on DSK79D2C42PROD with BILLS 4 •S 762 IS project, or activity for any fiscal year pursuant to this sec- 1 tion shall be subject to the terms and conditions imposed 2 with respect to the appropriation made or funds made 3 available for the preceding fiscal year, or authority grant- 4 ed for such program, project, or activity under current 5 law. 6 (e) END OF FISCAL YEAR.—If this section is in effect 7 at the end of a fiscal year, funding levels shall continue 8 as provided in this section for the next fiscal year. 9 (f) EXPENDITURES AND OBLIGATIONS.—Expendi- 10 tures and obligations made for a program, project, or ac- 11 tivity for any fiscal year pursuant to this section shall be 12 charged to the applicable appropriation, fund, or author- 13 ization whenever a regular appropriation bill or a joint res- 14 olution making continuing appropriations until the end of 15 a fiscal year providing for such program, project, or activ- 16 ity for such period becomes law. 17 (g) EXPENDITURE AUTHORITY.—Section 18 9502(d)(1)(A) of the Internal Revenue Code of 1986 is 19 amended by striking the semicolon at the end and insert- 20 ing ‘‘or the Aviation Funding Stability Act of 2019;’’. 21 (h) TERMINATION.—This section shall not apply to 22 a program, project, or activity during any portion of a fis- 23 cal year if any other provision of law (other than an au- 24 thorization of appropriations)— 25 VerDate Sep 11 2014 23:07 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S762.IS S762 pbinns on DSK79D2C42PROD with BILLS 5 •S 762 IS (1) makes an appropriation, makes funds avail- 1 able, or grants authority for such program, project, 2 or activity to continue for such period; or 3 (2) specifically provides that no appropriation 4 shall be made, no funds shall be made available, or 5 no authority shall be granted for such program, 6 project, or activity to continue for such period. 7 Æ VerDate Sep 11 2014 23:07 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S762.IS S762 pbinns on DSK79D2C42PROD with BILLS